The Kerala High Court on Wednesday took the State government to task for filing an appeal against a sub-court order awarding a compensation of ₹1.50 lakh to the husband and five children of a woman who died due to medical negligence of doctors and forcing them to wait for an agonising 25 years in their quest for legitimate justice.
Justice Devan Ramachadnran observed that their endless wait was itself shocking. The appeal should never have been filed because the death of Valli, wife of Thami of Tirur, consequent on a laparoscopic sterilization surgery was conceded. A sub-court at Tirur in Malappuram had decreed in 2003 a suit filed by Thami and children awarding the compensation after finding that the death of the woman was due to post-operative complications and medical negligence. The surgery was done on January 26, 1995.
The State government and the doctors had contended in the appeal that the probable reason why Valli must have contracted infection was because she had not taken full care of herself after she was discharged from the hospital.
Dismissing the contention, the court said that it would be shockingly uncharitable to the deceased, especially when she had voluntarily gone to the sterilization programme, responding to the call of the government for family planning, consequent on the birth of her fifth child.
When the appeal came up for hearing, the government pleader had submitted that half of the decree amount had been deposited before the trial court. The court, therefore, directed the State government to deposit the balance amount within two months.
