'State Liable': Bombay High Court Awards ₹22 Lakh Compensation To Kin Of Patient Killed In Govt Mental Hospital By Fellow Inmate

The Bombay High Court has held the State of Maharashtra liable to pay compensation for the death of a patient who was killed by a violent inmate while undergoing treatment at the Yerwada Mental Hospital. The Court observed that the State failed in its duty to ensure the safety of patients in its custody.

A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat was hearing a writ petition filed by the widow and children of a deceased patient seeking compensation from the State. The deceased, a real estate agent suffering from schizophrenia, had been admitted to the Yerwada Mental Hospital on 19 November 2013 for treatment. On the night of 20 November 2013, another patient, Deepak Suravase, allegedly became violent and assaulted the deceased and another inmate. Both succumbed to the injuries sustained in the attack. The petitioners contended that the death occurred due to negligence on the part of the hospital authorities. Information obtained under the Right to Information Act revealed that there was insufficient staff on duty at the relevant time.

The Court noted that under the applicable State Mental Health Rules, the norm required one attendant for every five patients. It observed that the admitted position showed that the staffing in the observation ward was woefully inadequate and fell below the minimum standards. The Court further observed that authorities failed to segregate a patient known to have violent tendencies from other inmates, which was a basic precaution expected from the hospital administration.

Rejecting the State's contention that there was no negligence, the Court held that gross negligence was evident from the admitted facts themselves. It observed that the deceased was in the care and custody of a Government-run mental hospital and that the State was under a duty to provide adequate protection and care to patients admitted for treatment.

The Court further held that the writ petition seeking compensation was maintainable as a public law remedy. Referring to decisions including Rudul Sah v. State of Bihar, Nilabati Behera v. State of Orissa and D.K. Basu v. State of West Bengal, the Court observed:

“… this Court is in agreement with the learned amicus curiae that the manner of determination of quantum of compensation under various heads, as laid down by the Supreme Court in the aforementioned judgments in the context of claims arising out of motor accidents, can be looked at and made the basis for awarding specific monetary compensation to the petitioners herein.”

Taking into account the deceased's income tax returns, his age of 52 years, and the dependency of his family members, the Court accepted a computation yielding compensation of approximately ₹17 lakh. The Court also took note of the fact that the deceased's son suffered from 90% mental disability and was permanently incapable of independent earning. Observing that the widow would have to care for him throughout her life, the Court awarded an additional ₹5 lakh. The Court held that the total compensation payable to the petitioners should be ₹22 lakh.

Case Title: Smt. Noorjan Samshuddin Bhanvadiya v. State of Maharashtra [Writ Petition No. 6921 of 2017]

Citation: 2026 LiveLaw (Bom) 276

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