w.P.No,¢5_03'7/2005
IN THE HIGH COURT OF KARNATAKA AT A'
DATED THIS THE 30TH DAY 01? JuNE';2Go$.:'T *
BEFORE 4
THE HON'BLE Dr. JUSTICE KL.
wan' PBFITION No;{§Q8?l2€§06V:fGM4'I%E3S}"
BETWEEN:
1. Nagarathna, V '
W/o.Iatc Shfi.H.R.EaWmaPfi5.
Aged about 30 years,
Rf alialagalale "ya,
Soraba'I'a1uk,_V 1 ._
Shim-oga Disét.
2. Unnaméd baby
The 1*' Petitioner' 2
Late H.R.E§vJara,ppa, g . .
Aged about 10 months,
R[a..H.a1aga1alc viikagc, A.
__80raha T_a1ukyz ..... -4
A ' ~ ._ Shimqga Disxn' ,. % _
Miflor; -
Rep; --l_3y her_':aa'i1;1*a1 guardian
The P' Pctitziuifxer.
. . V_ "VS:-i. Bapat, Adv.)
' V V' _ ;' ' Jayadcva Institute of Cardiology,
.< " -Banncrghatta Road,
Bangalore-56:0 069,
" Rep. by its Director.
3 2. State of Karnataka,
Ministly of Health and
.,.PETl'I'IQNE-RS
W.P.No.6{)87/2006
Family Welfare,
M. 8. Buildings,
Amhedkar Vecdhi,
Bangalore-S60 O0 1,
Rep. by its Secretary.
(By Sri.R.B.Sathya1'1arayana Singh, HC(}P"ii3-r«R--:?'., " V'
Sri.V.Y.Kumar for R-1) 3
This Writ Pctition is filed under Articles 2265 227 of the
Constitution of india, pmying to the iasp-ondcnt$_"i;9..refiJnd"thc
unspent amount deposited on 284312005, "2._3';'2G05;, 3.3.2005 an
4.3.2005 vide Ann-F to: F4 and _H_th::_ =.:a;nount« .d;:p()£sited by the
Yashaswini C0-operative Health Sciieme 8:. the ambunt deposited
by the Chief Minister's Reiicf' Fu_nd;;_ for "purpose sf open-heart
surgery and etc. ; A . *
This Writ , " preliminary hearing in 'B'
Group, th1e)"day," fl1c_fo]1owi11g:.
% ifgznmg
pf;éAt%iiionc1$A§V"£i1*c------bcforc this Ceurt seeking dirtzction to the
the unspent amount deposited for the purpose
%.. _of and awarded coxnpensation of Rs.25,00,0{}O/-
toivaxds Qf iifc due to negligence of the respondents.
VA fhc brief facts of the case leading to the filing of the writ {
may be stated as under:
The petitioners am the wife: and daughter of
Sri.H.R.Eswarappa. The said Eswarappa was suifexing from chest
\f__MM..
w.P.:§o.§c37/2006
pain. During the month of July 2004, the said was
treated in the Respondent No.1 / institute. It was
patient was sufiering from RHD MS severe ” 3
him to undergo Open-Heart
He was advised to arrange money’ fe1i:.”_ei*e fhe
said Eswarappa was taking ‘i1?i;atmefit_ till he could
raise the requixed money for” of the petitioners
that they bclongeel. income was less than
Rs. 10,000/-. Ai’ve§1AsV.–sancfioned fmm the Chief
Minister’s to Respondent No.1 on
21.08.2m*=£-‘;._A’I*l’;’e Departnaent had remittw a sum
of R35 I ,0()()/ for the petitioner submits that as
:.-a. ;;1att::Lr3’«:.0;1P..e”‘1’aet, “isvv..,i?€.s;75,000/–) under the Yashaswini Health
~ Eswarappa’s father deposited a sum of
V Rs.3-moo/4′ the treatmeat Thus, in all, deposited a sum of
RS.1,{}0,”GQO’}.f the Respondent No.1 as Annexures ‘F1’ to ‘F4’
for the petitioner submits that it is Rs.I,24,(}OO/-).
K the said Eswarappa was admitted to 1”
V f§e$pendent/ institute on 28.02.2005. It is the ease of the petitioners
Eswazappa died on 05.03.2005 on account of negiigenee on the
pan of the Respondent No.1/Institute as no surgery was conducted
W. P.No.6087/2006
AND ANOTHER) and AIR 2001 SC 3660 (M.S.GREWAL AND
ANOTHER V] s. DEEP Ci-IAND SQOD AND OTHERS).
5. On the other hand, learned counsel tor the Respoijitiéni No.1 .
submits that the writ petition is not 4′
submits that the patient was heated
bill was issued to the Petitioner 1 fiifloiixit of ”
Rs.3,()()O/- was rcfimdcd and th:§rc«.__is ziofidiezfit
and the decisions citcd by the the gijctitioncrs am
not applicable to the case ~ V ‘
6. The bong: counsci for the
pctiiione1s:v’iéQi’fhatis serv1cc’ and also dispute the
charges mafia in Vtlnufof the decreased. The writ petition
cannot be _ent¢f1ai:1é-yd’ is an cificacious statutory remedy
pciifioficis. The decisions cited by the learned
733??’ ‘
for are not applicable to the cast: on hand.
7;-.m vicwviofithc above, the petition is No costs.
Sd/-v
Iudge