Orissa High Court Orders Compensation To Wife Of Deceased Under-trial Prisoner Who Died After Jail Authorities Neglected Diabetes Care And Treatment

The Bench of Justice Biraja Prasanna Satapathy observed, “Placing reliance on the decisions as cited supra, and the materials available on record, this Court taking into account the negligence on the part of the jail authorities in not providing proper and better treatment to the U.T.P., while in custody w.e.f 20.09.2016, is of the view that Petitioner is eligible and entitled to get the benefit of compensation…However, taking into account the materials available on record, the earning of the deceased and the future life of the Petitioner, this Court held the Petitioner entitled to get compensation amount of Rs.20,00,000/- (Rupees Twenty Lakhs) from the Opp. parties. This Court accordingly directs Opp. party No.1 to release the aforesaid compensation amount in favour of the Petitioner within a period of 6(six) weeks from the date of receipt of this order.”

Advocate HK Rout appeared on behalf of the Petitioner, whereas Additional Government Advocate A Tripathy appeared for the Opposite Parties.

Facts of the case

A writ petition was filed seeking directions to the Opposite parties to pay adequate compensation of Rs. 50 lakhs to the Petitioner for the premature death of her husband due to latches and negligence by not providing proper, adequate treatment facilities, diet and medicines to her husband inside the Nimapara jail.

The deceased husband of the while working as Panchayat Executive Officer, because of his implication in a case for the offence under Section 409/120(B)/34 of I.P.C was arrested and remanded to custody. The deceased was put in Nimapara Sub-jail as an Under-trial Prisoner (U.T.P). It was contended that even though Petitioner’s late husband was a chronic Diabetic patient from the year 2008, and such fact was within the knowledge of the jail authority, but Petitioner’s husband was never provided with proper treatment for his suffering from blood sugar and accordingly, his health condition deteriorated, and later he died.

Contention of the Parties

It was submitted by the Petitioner-wife that the Jail Authorities were aware of the conditions of the Deceased-husband, but no such proper treatment was provided by the jail authorities. Only when Petitioner made a grievance before the learned J.M.F.C, Pipili, by filing an application, Petitioner’s late husband shifted to the District Headquarter Hospital, Puri.

Per contra, the State submitted that even though a jail visit was made by the District and Sessions Judge, Puri, no allegation was made by the UTP with regard to the alleged negligence on the part of the jail authorities in not providing him with proper treatment

Observation of the Court

The observed, “Since Petitioner’s husband remained in custody w.e.f 20.09.2016 and while in custody, his health condition deteriorated and subsequently he died on 26.01.2017, it is the view of this Court that claim made by the Petitioner to get compensation on the ground of negligence on the part of the jail authorities is well proved.”

The Court said, “Even though the Prisoner was shifted to District Headquarter Hospital, Puri and subsequently to S.C.B. Medical College and Hospital, Cuttack on 25.01.2017, but died on 26.01.2017. This Court taking into account the contents of letter dt.24.01.2017 under Annexure-2 series, is of the view that by the time direction was issued to shift the UTP for better treatment, his health condition had already deteriorated.”

Accordingly, the Court directed the State to compensate the Petitioner and accordingly disposed of the petition.

Cause Title: Sabita Nishank v. State of Odisha & Ors. [W.P. (C) No,. 27275 of 2017]

Appearances:

Petitioner: Advocates H.K. Rout, B.S. Das and S Ray

Opposite Parties: Additional Government Advocate A Tripathy

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