In a stern reminder to authorities on their obligations to uphold human rights, the Bombay High Court has directed the Thane Municipal Corporation (TMC) to ensure the immediate payment of pending compensation to a boy who lost his leg due to medical negligence. Justices Girish Kulkarni and Advait Sethna presided over the matter, stressing the need for accountability in healthcare, particularly in cases that affect vulnerable populations.
The court’s latest order mandates TMC to settle the remaining Rs 10 lakh of the total awarded compensation, along with an annual interest rate of 12.5 percent, to Mohammed Shehjan Shaikh who suffered a life-altering disability as a minor in 2010 at the civic-run Chhatrapati Shivaji Maharaj Hospital in Kalwa. The total compensation, initially pegged at Rs 15 lakh by the Maharashtra State Human Rights Commission (MSHRC) in 2016, has now effectively reached Rs 25 lakh including the voluntary ex-gratia payment previously made by TMC.
Highlighting the permanent impact of the incident on the boy and his family, the court criticized the handling of the case by the local authorities and medical personnel involved. “The petitioner’s son, who was hale and hearty, has now been left with a permanent disability due to the negligence of the hospital and its doctors,” the bench stated. “Human life cannot be considered so worthless that meagre compensation is deemed sufficient.”
The High Court’s ruling comes after the boy’s father, Mohammad Ziyauddin Shaikh, a plumber by profession, expressed dissatisfaction with the initial ex-gratia compensation of Rs 10 lakh paid in 2014, prompting a legal battle for fair remuneration. The TMC had argued that the initial sum should count towards the total compensation, a position the court rejected, clarifying that the MSHRC’s directive for additional compensation was independent of any previous payments.
