The Bombay High Court observed that it is high time that the authorities become conscious of basic human rights in medical negligence cases. The Court was dealing with a Writ Petition preferred by a man whose son at the age of 2½ years became a victim of medical negligence during the treatment at a hospital. A Division Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna remarked, “It is high time that the authorities become conscious of such basic human rights and more particularly when such rights are being dealt on day to day basis by the persons who man such medical institutions. There has to be a genuine consciousness of the basic fundamental rights which include human rights being affected in the circumstances the petitioner’s son had fallen when at the mercy of the TMC and its hospital.” Also Read - Mere Refusal To Marry Person After Break Up Of Relationship Won’t Amount To Abetment Of Suicide: Bombay HC Advocate Seema Chopda represented the Petitioner while AGP P.J. Gavhane and Advocate Ajit Ram Pitale represented the Respondents. Brief Facts The Petitioner’s son aged 2½ years became a victim of medical negligence which he suffered in the treatment he received at the Chhatrapati Shivaji Maharaj Hospital at Kalwa, District Thane being run by the Thane Municipal Corporation (TMC). His left leg below the knee was required to be amputated and the said incident took place in the year 2010. The Petitioner being a person of limited means and who worked as a plumber had approached the TMC, seeking compensation not only in regard to the medical negligence as suffered by his son but also the expenditure he was required to incur on his medical treatment. Also Read - Police Not Investigating Cases U/s. 498A IPC As They Are Required To: Bombay HC Cites Non-Application Of Mind By IO While Quashing FIR He also approached the Maharashtra State Human Rights Commission (MSHRC) alleging the violation of human rights and the medical negligence proved to have affected his son with a permanent disability resulting into amputation of his leg. In 2014, TMC paid an exgratia amount of Rs. 10 lakhs to the Petitioner but the same was inadequate. The MSHRC Member adjudicated the Petitioner’s case and in 2016, disposed of his Complaint with a direction to TMC to an amount of Rs. 15 lakhs as compensation along with an interest @ 12% p.a. The Petitioner was before the High Court, contending that the TMC having paid only Rs. 5 lakhs is not an acceptable compliance of the Orders as it was its obligation to make the entire payment of Rs. 15 lakhs. Also Read - Mere Insult Or Intimidation With A View To Humiliate Or Hurling Abuses In Name Of Caste Won’t Constitute Offence Under SC/ST Act: Bombay HC Reasoning The High Court in view of the facts and circumstances of the case, noted, “The stand of the TMC that under such orders only Rs.5 lakhs was required to be paid by the TMC for the reasons aforesaid, was illegal and is thus rejected. The petitioner would therefore, be entitled to the balance amount of Rs.10 lakhs along with interest at the rate of 12.5% p.a. as ordered by the MHRC in its order dated 2 December 2016.” The Court said that when such issues are brought before the Constitutional Court and after intervention by an expert forum no less than the HRC, the Court is required to be more circumspect and conscious not only to the plight of the person who had alleged violation of human rights, but who has actually suffered such violation. Also Read - Complete Failure Of Intelligence On Part Of Forest Department: Bombay HC Takes Suo Motu Cognizance Of Tourists Interfering With Tigress & Cubs At... “In the present case, the petitioner’s son who was hale and hearty and who has lost one of his legs on account of clear medical negligence, as he was not attended by the concerned hospital / doctors in the medical establishment under the TMC. The consequence as suffered by the petitioner’s son being very serious that of a permanent disability. It cannot be countenanced that human life is so worthless that such meager compensation ought not to be entitled to the petitioner and for the benefit of his son”, it added. Furthermore, the Court remarked that the Petitioner’s son in the absence of such unfortunate incident would have led a normal life and God knows successful in life by enjoying normal faculties and thus, money can never be a substitute to the sufferings which were underwent by his son. “It would thus be travesty of justice if compensation is denied in such deserving cases. Unless there is appropriate accountability fixed, things can never change”, it concluded. Accordingly, the High Court disposed of the Petition and directed the payment of the balance amount of Rs. 10 lakhs along with an interest @ 12.50% to the Petitioner by MSHRC.