A patient died while undergoing an operation for nasal deformity. The doctor was charged with offence under Section 304A of the Indian Penal Code (causing death due to negligence). The high court refused to quash the criminal proceedings. The Supreme Court quashed the criminal proceedings holding that mere lack of caution might create civil liabilities but not criminal. For establishing a criminal offence deliberate wrong and high degree of blameworthy conduct must be proved (Dr Suresh Gupta vs government of NCT of Delhi).
The mother of a medical student claimed compensation from the hostel authorities on account of negligence as her daughter was killed inside her hostel room. The authorities contended that compensation is not payable because the deceased had not locked her room, that the hostel did not charge any money for security but there is a watchman posted on duty there. The Madras High Court held that even if no separate fee is charged for security, the hostel authorities are obliged to make suitable arrangements in a girls’ hostel. Recruiting a watchman is not enough. The Court ordered a compensation of Rs 5 lakh (the chief secretary to the govt of Tamil Nadu, Madras vs R. Selvam).
In a case involving the custody of a daughter, the father was granted visitation rights for just one hour in the court precincts on the last Saturday of the month. Hearing a petition filed by the father, the Delhi High Court held that the visitation rights were not sufficient for the child’s welfare. The duration and location should be decided so as to ensure healthy interaction between the two parties. The court precincts should be recommended as a meeting place only if there is no other alternative. In the interim, the father was allowed to meet the child for an hour every week and the venue was left to the court to determine (Paramjit Singh vs Prabjot Kaur).
SOLON
