Rs. 2,00,000/- compensation to the nine-year old victim boy whose right to health has been violated.”

Case Details of File Number: 46982/24/72/2015
Diary Number	206348
Name of the Complainant	DR LENIN RAGHUVANSHI, GEN. SECRETARY
Address	MANAVADHIKAR JAN NIGRANI SAMITI, SA-4/2 A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	YASH CHAUDHARY S/O SHAMBHU NATH CHAUDHARY
Address	H NO J-35/67 A-18-A, SHAILPUTRI, NAKHIGHAT
	VARANASI , UTTAR PRADESH
Place of Incident	SH. SHIVPRASADGUPT HOSPITAL
	VARANASI , UTTAR PRADESH
Date of Incident	8/23/2015
Direction issued by the Commission	These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 03.02.2017 where the Commission inter-alia observed and directed as under: “The complainant has alleged that leg of a nine-year old boy had to be amputated because of the negligence of the Ward Boy of District Hospital of Varanasi. Posing himself as the doctor he performed the surgery on the victim boy. In response to the Commission's directions, a report dated 08.03.2016 has been received from the Special Secretary, Government of Uttar Pradesh. It is reported that a three-member committee was constituted to enquire into the matter. The Ward Boy was, prima-facie, found responsible for the incident and he has been suspended. The Commission has considered the report. The nine-year old boy has been permanently disabled because of the negligence on the part of the Ward Boy of the hospital. The suspension of the Ward Boy substantiates the fact that he was responsible for the incident. The right to health of the victim boy has been violated and the Commission considers this a fit case for award the compensation. Issue notice u/s 18a(i) of the PHR Act, 1993 to the Chief Secretary, Govt. of Uttar Pradesh directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs. 2,00,000/- to the nine-year old victim boy whose right to health has been violated.” In response to the Commission’s directions, a report dated 18.07.2017 has been received from Joint Secretary, Government of Uttar Pradesh. It is reported that the Department of Medical and Health has no objection if any compensation is paid to the victim Yash Choudhary @ Aakash Choudhary under the PHR Act, 1993. The Commission, therefore, recommends the Government of Uttar Pradesh, through the Chief Secretary, to pay a compensation of Rs. 2 lakh to the victim boy whose human rights were violated. He will submit Compliance Report along with proof of payment within four weeks.
Action Taken	Relief granted [Compensation, Disciplinary & Prosecution] (Dated 8/4/2017 )
Status on 8/29/2017	Compliance of the Commission's recommendation by the concerned authority is awaited.