Karnataka High Court
Ravindra S/O Shankrappa Shivasharana vs The State Of Karnataka And Ors on 11 March, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:2101
WP No. 204237 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO.204237 OF 2019 (GM-RES)
BETWEEN:
RAVINDRA S/O SHANKRAPPA SHIVASHARANA,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O DEGINAL,
TQ: INDI, DIST: VIJAYAPURA.
...PETITIONER
(BY SRI SHIVAKUMAR KALLOOR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
Digitally signed BY ITS SECRETARY, VIDHAN SOUDHA,
by SHILPA R BANGALORE-560001.
TENIHALLI
Location: High 2. THE COMMISSIONER,
Court Of DEPARTMENT OF HEALTH AND FAMILY WELFARE
Karnataka ANANDRAO CIRCLE, BANGALORE-560009.
3. THE DISTRICT HEALTH AND FAMILY WELFARE
OFFICER, VIJAYAPURA-586101.
4. THE MUNICIPAL CORPORATION
VIJAYAPURA, BY ITS COMMISSIONER-586101.
...RESPONDENTS
(BY SMT. MAYA T. R, HCGP FOR R1 TO R3;
SRI AMRESH S. ROJA, ADVOCATE FOR R4)
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NC: 2024:KHC-K:2101
WP No. 204237 of 2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
CONSIDER THE REPRESENTATION ANNEXURE-H DATED
21.02.2019 ANNEXURE-J DATED 23.02.2019 AND ANNEXURE-K
DATED 21.02.2019 GIVEN BY THE PETITIONER AND ALSO
DIRECT THE RESPONDENTS TO INITIATE CRIMINAL
PROCEEDINGS AND ALSO DIRECT THE RESPONDENTS TO PAY
COMPENSATION OF RS. 20.00 LAKHS TO THE PETITIONER FOR
MENTAL AGONY AND SUFFERING ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioner Sri Shivakumar Kalloor, the learned High Court Government Pleader Smt.Maya T. R. for respondent Nos.1 to 3 and learned counsel Sri Amresh S. Roja for respondent No.4.
2. This writ petition is filed with the following prayers:
a) Issue a writ of mandamus directing the respondents to consider the representation -3- NC: 2024:KHC-K:2101 WP No. 204237 of 2019 Annexure-H dated 21.02.2019 Annexure-J dated 23.02.2019 and Annexure-K dated 21.02.2019 given by the petitioner and also direct the respondents to initiate criminal proceedings and also direct the respondents to pay compensation of Rs.20.00 lakhs to the petitioner for mental agony and suffering in ends of justice and equity.
b) Issue any writ order or direction as this Court deems fit in the circumstances of the case, in the ends of justice."
3. Facts of the case in brief are as under:
The petitioner being the father of one Vaibhav, who took treatment in Primary Health Center, Horti village, Indi taluka for mad dog bite. There was no proper treatment and ultimately Vaibhav died on account of mad dog bite. Serious allegations have been levelled about the negligence of the doctors of the Primary Health Center. Therefore, the petitioner is seeking initiation of criminal proceedings against the doctors for having negligently treated Vaibhav and also representation is given for -4- NC: 2024:KHC-K:2101 WP No. 204237 of 2019 awarding suitable compensation on account of death of Vaibhav.
4. An enquiry was held with regard to the cause of death and a report came to be filed. The report shows that prima facie there was negligence on the part of the doctors in not properly treating the son of the petitioner at the earliest resulting in his untimely death.
5. The writ grounds are seriously opposed by the Government and also the Municipal Corporation.
6. Having heard the parties in detail, this Court has meticulously perused the materials on record.
7. On such perusal of the materials on record, it is crystal clear that the death of the son of the petitioner by name Vaibhav on account of mad dog bite and not properly treating Vaibhav is established. The report furnished by respondent No.3 shows that there is negligence on the part of the doctors, who treated Vaibhav in the Primary Health Center, Horti village. -5-
NC: 2024:KHC-K:2101 WP No. 204237 of 2019
8. In the absence of doctors being made as a party respondents, prayer with regard to initiation of criminal proceedings against the doctors cannot be considered by this Court.
9. Insofar as grant of compensation is concerned, the State is vicariously responsible for the incident and therefore, the representation given by the petitioner at Annexures-H, J and K are to be considered by the State and suitable orders have to be passed.
10. In this regard, it may not be out for this Court to place reliance on the order passed by the Coordinate Bench of this Court in W.P.No.39823/2012 dated 03.07.2014, wherein, almost on the similar circumstances, the State was directed to pay the compensation to the dependents of the deceased.
11. Therefore, the ends of justice would be met in directing respondent Nos.2 to 4 to consider the representations of the petitioner at Annexures-H, J and K -6- NC: 2024:KHC-K:2101 WP No. 204237 of 2019 within a period of two months from today and file the compliance report thereof.
With the above observations, the writ petition stands disposed of.
Sd/-
JUDGE SRT CT:SI List No.: 1 Sl No.: 76