Orissa High Court says jail authorities negligent, orders Rs 20 lakh compensation to wife of undertrial who died during treatment

While passing the order of compensation, the court considered the earnings of the undertrial and the future life of his wife.

“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 lakh from the opposite parties,” the court held.

The wife approached the court seeking compensation of Rs 50 lakh “for the premature death” of her husband. She alleged her husband died due to “latches and negligence” by jail authorities for “not providing adequate treatment facilities, diet and medicines” to her husband inside the Nimapara jail.

Her counsel B S Das and S Ray argued that her husband was arrested and remanded to custody for the offence under Section 409 (Criminal breach of trust by public servant, banker, merchant or agent), 120(B) (criminal conspiracy), 34 (common intention) of IPC. It was pointed out to the court that her husband was put in Nimapara Jail as an under-trial prisoner on September 20, 2016.

She argued that though her husband was a “chronic diabetic patient” and despite this within the knowledge of the jail authority, her husband was never provided with proper treatment. She submitted that when his health condition deteriorated, she moved an application before the JMFC, Pipili to direct the jail authority for proper treatment of her husband.

The woman’s counsel contended that though the undertrial prisoner was referred to hospital for better treatment, he died during treatment.

It was further argued that the undertrial was eligible for compensation from the state because of ‘medical negligence on the part of the jail authorities’.

Additional government advocate A Tripathy opposed the submissions of the wife’s counsel and argued that after the prisoner’s custody remand, adequate treatment was provided to him. No negligence can be found on the part of the jail authorities, Tripathy added.

The court, however, observed that the health of the undertrial had already deteriorated by the time the direction was issued to shift him for better treatment.

“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, he died on 26.01.2017. This court taking into account the contents of letter dated 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,” the order read.

The court, therefore, held that the claim for compensation on the ground of negligence on the part of the jail authorities was well proved and granted the compensation.