E.
Commission's Recommendations on Grant of Monetary Relief to Victims
of Human Rights Violations / Next of Kin of the Deceased / Disciplinary Action
Against Errant Public Servants / Prosecution
6.284 During 2007-2008, the Commission recommended monetary relief amounting to
Rs. 3,20,00,000 in 199 cases including 81 cases of custodial deaths. Out of these 199 cases, the
Commission also recommended disciplinary action in 9 cases and prosecution of errant public
servants in 2 cases. Besides, only disciplinary action was recommended in 2 cases (Annexure 7).
6.285 The Commission received compliance report in 112 cases and a total amount of
Rs. 1,95,10,000 was paid to the victims/next of kin of the victims as monetary relief. Compliance
report was also received in 5 cases relating to disciplinary action recommended against the
delinquent public servants. The compliance reports were awaited in 89 cases (Annexure 8).
6.286 The Commission's recommendations were also challenged in the High Court in 2 out of 89
cases. The details of the two cases are given below:
(1)
Case No. 95/11/99-2000 — Smt. S. Radhamma alleged that her husband
Venugopalan Nair, Head Constable Driver attached to the Armed Reserve Camp,
Thiruvananthapuram City, had died due to denial of medical treatment by the Duty
Officer of City Police Control Room. Vide proceedings dated 29 August 2007, the
Commission recommended that the Government of Kerala should pay Rs. 50,000 as
monetary relief to Smt. Radhamma on the ground that the State failed to provide
timely medical help and consequently, the complainant lost the bread-winner of the
family. The State Government has challenged the recommendation of the
Commission in a Writ Petition No. 36890/07 in the High Court of Kerala. The High
Court, vide order dated 13 December 2007, has granted interim stay to the
Government of Kerala for three months. The matter is still under consideration of
the High Court.
(2)
Case No. 102/30/2005-06 — Smt. Shiela Mathai alleged that her daughter Sunita, a
CGHS beneficiary, who was undergoing treatment for 'cerebral seizure' at Ram
Manohar Lohia Hospital (RMLH), New Delhi suffered fits of severe depression and
violent behaviour because of negligence of the CGHS Dispensary at Pushp Vihar as
it issued a wrong medicine namely “THIORIL-50” in place of medicine “THAI
(70mg)”, that was prescribed by the Doctor of RMLH. The wrong medicine was
taken by her daughter believing it to be the correct medicine.
In response to the notice issued by the Commission, the Additional Director, CGHS
admitted that wrong medicine had been indented and given to the patient.
88 National Human Rights Commission