Section 33 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
33. Compensation in case of injury or death of the service recipient.
(1)Without prejudice to the other provisions of this Chapter, if any clinical establishment whether by itself or by any other person on it's behalf, while providing services causes injury to the service recipient or his death, due to negligence or any deficiency in providing service, it shall be lawful for the Tribunal, on substantiation of charges, to direct it to pay compensation to the victim or the legal representative of the victim, a sum-(a)not less than five lakh rupees in case of death;(b)not exceeding three lakh rupees in case of grievous injury; and(c)not exceeding one lakh rupees, in all other cases of injury:Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident:Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.(2)Where any person is held guilty of a contravention leading to grievous injury or death, the Tribunal may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the Tribunal may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.(3)The Tribunal may also order for cancellation of license, closure of the clinical establishment, forfeiture of establishment and property in case of grievous injury or death of the service recipient.
