Annual Report 2012-2013 immediately rushed to Jail dispensary for treatment where the doctors examined the two. Rakesh was referred to Dr. Baba Saheb Ambedkar Hospital, Rohini, Delhi for treatment and Raju was declared dead. It was further stated that there was no delay in rendering medical aid to the undertrials. A submission was, therefore, made that compensation may not be awarded in the matter. 4.24 The Commission took the view that it was the statutory duty of the State and its concerned officers in the Jail Department to ensure the personal safety of the prisoners during detention in jail. They are expected to prevent the attack on the body of a prisoner and to save him from any violence or injury being caused not only by the jail officials but also by the co-prisoners. In the given case, the jail officials failed to perform their duties as per law for which the State was liable to compensate the next of kin or family members of the deceased. The Commission thus recommended that a monetary compensation of ` 3,00,000 be paid to the next of kin of the deceased. 4.25 In compliance of the Commission's recommendations, the Superintendent Prisons, Government of NCT of Delhi reported that the compensation had been paid to next of kin of the deceased. The proof of payment was also furnished. The matter continues to be under the consideration of the Commission. 4. Death of Undertrial Prisoner Lal Mahatoo in District Jail, Sivasagar, Assam (Case No. 4/3/15/2012-JCD) 4.26 The Commission received an intimation dated 8 December 2011 from the Superintendent, District Jail, Sivasagar, Assam about the custodial death of an undertrial prisoner Lal Mahatoo, aged 19 years and s/o Late Bijoy Mahatoo. 4.27 In response to the Commission's directions, it was reported that Lal Mahatoo was ill and was referred to Civil Hospital, Joysagar on 6 December 2011 for treatment. While undergoing treatment, the prisoner expired on 8 December 2011. In the inquest report, the cause of death was mentioned as "due to illness". In the post-mortem examination report, no external injury was found on the body of the deceased. The report further mentioned that no definite opinion about the cause of death could be detected. The viscera were preserved for examination. In the magisterial enquiry report, the Magistrate concluded that the prisoner suffered from certain illness which could not be diagnosed. Although, diagnostic tests were advised, they were not conducted. On further enquiry by the Commission, the Deputy Commissioner, Sivasagar intimated that on examination of the viscera at the forensic laboratory, no poison was detected. A medical board constituted for the purpose opined that no definite cause of death of the deceased could be detected. 4.28 The Commission considered the reports and noted that alleged diagnostic tests were advised for the prisoner but those were not conducted. This, in Commission's view, clearly reflected negligence on the part of the jail authorities including the jail doctor and doctors of Civil Hospital, Sivasagar who did not get the necessary tests conducted to diagnose the 28 NHRC