Supreme Court Orders Rs 1 crore Compensation for Family of Doctor Shot Dead on duty

The Government, through the Chief Secretary, had proposed to pay at least a sum of Rs 50 lakhs. The said note was approved by the Chief Minister of the State at the relevant point in time. Later, only a sum of Rs 1 lakh was paid on the pretext that under the Rules, such a huge amount could not be paid.

The submission of the state government mentioned that the family of the deceased has been granted Leave encashment, G.P.F., Family pension, Gratuity and G.I.S. and the son of the deceased has been appointed on compassionate ground as Junior Assistant in the Health Department in compliance of the interim order of this Court dated 18.10.2021. The counsel for the state government further stated that a sum of Rs.10 lakh, as directed by this Court, has also been paid to the family.

Previously, Medical Dialogues reported that the Uttarakhand High Court had directed the state government to pay Rs. 1.90 crore to the family of the doctor shot dead while on duty in 2016. The court, while pronouncing the judgment held that “doctors also risk their lives while performing their duties.” However, the Uttarakhand government approached the Supreme Court, stating that the computation of compensation done in the impugned decision was not justified.

“In view of the said submissions, it is urged that the computation of compensation done by the impugned order applying the multiplier method in the light of the Motor Accident Claims case is not justified,” the counsel for the state government submitted.

Mr. Vijay Hansaria, learned senior counsel for the respondents, submitted that if the amount as proposed by the Chief Secretary, approved by the Chief Minister would have been paid at the relevant point of time including other legible service benefits under the Rules and compassionate appointment would have been granted, the family of the deceased may not have persuaded to this litigation.

He further submitted that on account of the shocking incident of the death of a doctor by firearm, while discharging duty as a doctor in the hospital, the Chief Secretary had put the proposal to pay at least Rs. 50 lakhs. The same was approved by the Chief Minister but not complied however, the Court, applying the multiplier method, rightly computed the compensation in the facts by the impugned order.

After considering the submissions of both parties, the apex court observed,

“we are prima facie of the view that even after approval of the proposal to pay Rs. 50 lakhs to the family of the deceased by the Chief Secretary, it has not been honoured, and the family is litigating for more than nine years. The request made by the family to release the sanctioned amount was not acceded to on the pretext of no approval of the release of the said amount.”

The bench further stated,

“Looking to the gravity of the incident, the sanction must be honoured and the amount be paid along with interest. Thus, adding interest for about 9 years, we quantify the amount in total Rs 1 crore. Out of the said amount, Rs 11 lakhs has been paid, therefore, the remaining Rs 89 lakhs be paid within a period of six weeks, and compliance may be reported to the Registry on affidavit on or before the next date of listing.” The apex court asked for the filing of a compliance affidavit before the registry and listed the matter for the next hearing on April 22.