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
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ANNUAL REPORT 2019-20