‘Gross negligence’: Court orders Maharashtra to pay Rs 22 lakh for patient killed in mental hospital

The deceased, who was in the real estate business, had been suffering from schizophrenia and was initially undergoing treatment at another hospital in Pune. Acting on medical advice, he was admitted to Yerawada Mental Hospital on November 19, 2013. According to the petition, his wife was assured that he would recover within a reasonable period.

However, on November 21, 2013, hospital officials informed her that her husband had been killed by another inmate the previous night. A duty attendant had found the accused patient violently assaulting him. The post-mortem report recorded severe injuries, with the cause of death attributed to head injuries and throttling. Another patient allegedly assaulted by the same inmate also died due to head injuries.

An FIR was subsequently registered against the accused. However, criminal proceedings remained in abeyance as he was suffering from mental illness and continues to undergo treatment.

The High Court noted that the deceased was in the care and custody of the state and therefore the government was “clearly responsible for the violation of fundamental rights of the deceased and the rights of the petitioners, as the deceased was the only breadwinner of the family.”

The bench also took note of staffing levels at the hospital, observing that only three attendants were on duty for 77 patients in the observation ward on the night of the incident. This, the court said, “demonstrates the grossly negligent manner in which the state authorities were managing the affairs of the said mental hospital.”

While determining compensation, the court observed that the widow had suffered a loss of dependency as well as spousal and parental consortium. It also noted that one of her sons suffers from 90 per cent mental disability, is unable to earn independently and is unlikely to recover sufficiently to support himself.

Observing that the widow would have to care for her son throughout her life, the bench said it was inclined to award compensation beyond the amount suggested by the parties.

The court directed the state government to pay Rs 22 lakh to the petitioners within eight weeks and asked the widow to utilise the amount for the welfare of herself and her children.

Noting that the family had been pursuing the case for nearly nine years, the court further held that the Rs 1 lakh ex gratia payment already made to the widow need not be adjusted against the compensation amount.