NATIONAL HUMAN RIGHTS COMMISSION, INDIA v. In response to the Show Cause Notice, the Principal Secretary, Health & Family Welfare Department, Government of Karnataka submitted that the matter was examined by the Commissioner, Health & Family Welfare Services, Karnataka and in view of the above incident, the Memorandum of Understanding (MOU) in respect of the Bhagwan Mahaveer Darshan Eye Hospital, Mysore was cancelled and the payment of Rs. 9,94,000/- due to the hospital by the Health & Family Welfare Department was also withheld permanently. It was further informed that as per the guidelines of National Programme for Control of Blindness and Visual Impairment (NPCB & VI), the said hospital had to look after the post-operative care and maintenance of the eye of the patients. Hence, further proposed payment of additional amount of Rs. Three Lakh monetary compensation to the patients was due by the Hospital. vi. The Deputy Commissioner, Mysuru District informed that there is no provision under Karnataka Private Medical Establishment (KPME) Act for payment of monetary compensation to the said seven patients, who lost their eye vision partially or completely due to the negligence of the said hospital. Copies of seven affidavits dated 07.07.15 from the victims who lost their eyesight along with a reply dated 05.04.18 from Bhagwan Mahaveer Darshan Eye Hospital disclosed that they had received compensation amount of Rs. One Lakh from the Hospital Trust and they would not ask for enhanced compensation or an additional amount from the hospital. It was further reported that a notice under Section 15(5) of the Act for violating Section 9(1) of the KPME Act, 2007 had, however, been issued against the hospital. However, the report was silent about revoking registration/ license of the said hospital. vii. Shri Bipin Kalappa, Advocate on behalf of Bhagwan Mahaveer Darshan Eye Hospital, Mysuru submitted point-wise details relating to the said incident and prayed to drop the proceedings against the hospital and not to rely on reports generated by persons who never visited the hospital. viii. While considering reply to the show cause notice, the Commission directed the Principal Secretary, Health & Family Welfare Department, Government of Karnataka to send a compliance report along with proof of payment of Rs. 3,00,000/- (Rupees Three Lakhs Only) as monetary compensation paid to those seven people within four weeks.The Deputy Commissioner, Mysuru was also directed to send a specific report within four weeks as to what action was taken against Bhagwan Mahaveer Darshan Eye Hospital, Mysuru under the provision of KPME Act for revoking their registration/license. In response, the Deputy Commissioner, Mysuru submitted a detailed report. It was informed that there is no provision under KPME Act for payment of monetary compensation to the said seven patients. It was further informed that recommendation would be submitted to the Government of Karnataka for issuing necessary orders/directions for payment of additional amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) as monetary compensation, if permissible under the Chief Minister’s Relief Fund or under any special assistance. The 104 ANNUAL REPORT 2019-20

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