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M. Vijaya vs Chairman And Managing Director, ... on 29 August, 2001 cites

The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors on 28 January, 2000

In Chairman, Railway Board v. Chandrima Das (supra), the Apex Court held that in terms of the said doctrine, compensation can be awarded in favour of any person in the event his right to life, as adumbrated under Article 21 of the Constitution of India, is violated. In the instant case, prima facie, the victim has suffered owing to negligence on the part of the medical and para-medical staff of the hospital of the Company. The Company itself has disclosed that out of the work force of One lakh about one thousand workers have been tested HIV+ve and keeping in view the fact that other family members might have been infected, the modest estimate, according to the Company, itself would be about three thousand. In a grave situation of this nature prevalent in the area, it was incumbent upon the medical and para-medical staff of the hospital of the company to carry on the requisite tests on the victim for detecting the AIDS at the time when the blood was transfused for hysterectomy operation. Futhermore, no tests were conducted on her at the subsequent stages also.
Supreme Court of India Cites 51 - Cited by 283 - S S Ahmad - Full Document
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