NATIONAL HUMAN RIGHTS COMMISSION, INDIA well as the opinions of the experts lead to a conclusion that there was medical negligence in the treatment of the Prisoner. Therefore, the State is vicariously liable for the negligence of the public servant. 3. iv. The Commission, therefore, directed to issue notice to the Chief Secretary, Govt. of Andhra Pradesh, calling upon him to show cause as to why monetary compensation of Rs. 2, 00,000/- Only should not be recommended u/s 18 (a)(i) of the Protection of Human Rights Act, 1993 to the Next-of-Kin (NoK) of the deceased prisoner Thota Chenchu Maddilety @ Maddelagaddus for violation of his human rights. v. In response to the show cause notice the Director General Prisons and Correctional Services Andhra Pradesh Vijyawada submitted that the convict prisoner Thota Chenchu Maddilety@Machu Nagadu was provided treatment from 11.11.2005 to 15.09.2013 in the jail hospital for various minor ailments. On 07.10.2013 he developed Convulsions and immediately taken to higher medical centre for treatment. However, he was declared brought dead in the hospital. The prisoner was provided symptomatic treatment in the jail hospital. He was never referred to outside jail hospital. However, there was no negligence or delay on the part of the prison authorities in his treatment. vi. The Commission further considered the matter and observed that the forensic expert on the panel of the Commission has observed that the deceased prisoner was suffering from cold & cough and was treated on numerous occasions in the jail hospital from 24.04.2011 till 15.09.2013. Had the Medical officer in the prison did a thorough workup, including Chest X-Ray, Sputum for AFP, Sputum culture and sensitivity etc., he could have been managed in a better way. On the contrary, he was just given treatment on OPD basis. Therefore, the jail authorities were negligent for inadequacy of treatment in this case. Hence the Commission reiterate its stand and recommends u/s18(a)(i) of the of the Protection of Human Rights Act, 1993, monetary compensation of Rs.2,00,000/-to be paid to the next-of-kin (NoK) of the deceased prisoner Thota Chenchu Maddilety@Machu Nagadu, for violation of his human rights. vii. The Commission directed Chief Secretary of Govt. of Andhra Pradesh to submit the compliance report along with the proof of payment. viii. The response from the Chief Secretary is still awaited. Death of an under trial prisoner Tukmesh S/o Puran Singh in the District Jail, Badaun, Uttar Pradesh (Case No. 14047/24/7/2016-JCD) 1. The Commission received an intimation from the Superintendent, District Jail, Badaun, Uttar Pradesh regarding the custodial death of an under trial prisoner Tukmesh S/o Puran Singh on 24.04.2016. ANNUAL REPORT 2018-19 37