Bombay High Court directs BMC to pay interim compensation of Rs 10 lakh ‘at the earliest’.

Source – indianexpress.com

THE BOMBAY High Court on Monday told the BMC to pay the interim compensation of Rs 10 lakh at the earliest to the family of Rajesh Maru, who died after being sucked into an MRI machine in BYL Nair Hospital in January 2018.

Maru’s family had filed a contempt petition before the court stating that while the High Court, in its order dated September 17, directed the BMC to pay the compensation amount within six weeks, it has not been complied with.

The BMC told the court on Monday that a Special Leave Petition has been filed by the civic body in the Supreme Court against the HC’s order. The court said since there was no stay on its order or any interim relief granted to the BMC, the payment should be made by Friday or at the earliest.

Maru, a 32-year Lalbaug resident, was visiting Nair hospital on January 28, 2018, with a relative who was to undergo an MRI scan. It was alleged that the ward boy had asked Maru to hold an oxygen cylinder while entering the room where the scan was to take place.

Maru was pulled by the magnetic force of the MRI machine as soon as he entered the room and died of excessive inhalation of gas when the cylinder’s knob broke open. It was found that the MRI scan machine had not been switched off by the ward boy, who had instructed Maru to carry the cylinder to the room.

The BMC had also informed that two of its staff members, including the ward boy and a female attendant, were charged with negligence. It had, however, said the precise cause of the incident had not clearly emerged from the record, including the FIR and statements of witnesses.

The BMC counsel had further said in such a situation, when full investigation was pending, it would not be proper to grant interim compensation. The HC had, however, directed the BMC and Nair hospital to release the interim compensation in favour of Maru’s family within six weeks.

“What is important is, according to the employer, its staff was negligent in the discharge of duties. The corporation (BMC), therefore, cannot avoid its liability to compensate the family of the deceased,” the court had said.

The court had then said while departmental proceedings against the two hospital workers were not complete and a chargesheet had been filed against them, whether the charges against them will be proven is “not possible to predict”.

It had said the amount, when paid, will be invested in a nationalised bank in a recurring fixed deposit for a period of five years and two of Maru’s kin will receive periodic interest from it.

The family also received Rs 5 lakh from the Chief Minister’s Discretionary Fund by way of ex gratia payment, the court was informed earlier.