Manisha Jha vs State Of U.P.Thru Prin.Secy. ...
2021 Latest Caselaw 2825 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- MISC. BENCH No. - 5055 of 2021
 
Petitioner :- Manisha Jha
 
Respondent :- State Of U.P.Thru Prin.Secy. Medical & Health Lucknow & Ors.
 
Counsel for Petitioner :- Prahlad Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

By means of instituting these proceedings under Article 226 of the Constitution of India, a direction has been sought to be issued to the Chief Medical Officer, Lucknow to take necessary action in respect of claim of the petitioner for payment of compensation in accordance with the judgment dated 14.11.2019 rendered by this Court in Public Interest Litigation No. 53904 of 2016.

The petitioner's husband is said to have been treated at a private hospital, which has been arrayed in this petition as respondent no. 4 and during treatment, unfortunately, he died.

The submission of the learned counsel for the petitioner is that death of the petitioner's husband had occurred on account of medical negligence and the petitioner is, thus, entitled for compensation in view of the aforementioned judgment dated 14.11.2019 rendered by this Court in Public Interest Litigation No. 53904 of 2016.

Admittedly, the petitioner's husband was not admitted in a government hospital or any such medical college or medical institute. He was treated at a private hospital and on account of alleged medical negligence, it appears that he died.

In respect of said claim for compensation, petitioner has already approached the State Consumer Disputes Redressal Commission( hereinafter referred to as, the Commission), where the matter is still pending.

In view of the pendency of the aforesaid matter before the Commission, we are not inclined to entertain this petition, which is hereby disposed of with a direction to the Commission to expedite the proceedings instituted by the petitioner and conclude the same, expeditiously, say within a period of six months from the date of production of certified copy of this order.

Order Date :- 22.2.2021/Ashish