Saurabh Banerjee JUDGMENT
S.C. Sharma, C.J.
1. The Petitioners before this Court have preferred the instant writ petition claiming compensation from the Respondents due to alleged mismanagement and criminal negligence on their part due to which the son of Petitioner No. 1 has unfortunately expired.
2. The facts as stated in the writ petition are, that on the night of 26.04.2021 around 8:30 PM, Naveen, the son of Petitioner No. 1 started facing severe shortness of breath. The Petitioner No. 1 called Petitioner No. 2, a friend of Naveen, who took him to Rao Tula Ram Memorial Hospital, Jaffarpur Kalan, New Delhi. It is stated that vide OPD Registration No. 7929, the son of Petitioner No. 1 was examined by one Dr. Sheetal at the Hospital. The examining doctor recorded an SPO2 level of 60 percent and a pulse rate of 112 beats per minute of the son of Petitioner No. 1. It is stated that the examining doctor recorded that Naveen was conscious and oriented at the time of the examination and referred him to a Higher Center.
3. It is stated that Petitioner No. 2, made multiple requests with the Hospital to make arrangements for an ambulance to transfer Naveen to another Hospital, however the hospital staff did not provide any assistance. The Petitioner No. 2, thereafter took him to a Bus Stand at Ujwa Village which is stated to be 5 to 10 minutes away from the hospital and they started looking for some conveyance to reach another hospital.
4. The Petitioners state that at about 11:39 PM, Petitioner No. 2 dialled 100, the police emergency helpline number, complaining that the Hospital has refused to admit his friend and requested for an ambulance. The Petitioner No. 2 followed upon on his request by dialling 100 again at 11:40 PM, 11:46 PM, 11:47 PM on 26.04.2021 and at 12:03 AM and 12:05 AM on 27.04.2021. It is further stated that Petitioner No. 2 called the Delhi Government Cab Ambulance Service as well, requesting for ambulance service, however, no ambulance reached the patient. It is stated that shortly after, the son of Petitioner No. 1 expired due to shortage of oxygen, which was a result of the mismanagement of state agencies.
5. Mr. Anuj Chauhan, Learned Counsel for the Petitioner has submitted before this Court that a writ petition is maintainable to claim compensation from the Respondents as it involves an infraction of the fundamental rights of the Petitioners. He submits that the Hon'ble Supreme Court, through several judgments has recognized the right to health and access to healthcare as essential facets of the right to life guaranteed under Article 21 of the Constitution of India. He therefore has made a prayer for issuance of direction to the Respondents to pay appropriate compensation to the petitioners for the loss of life of the deceased, Naveen, which has occurred due to mismanagement and criminal negligence by the Respondents.
6. Per Contra, Ms. Mehak Nakra, Learned ASC, appearing on behalf of Respondent No. 3/Rao Tula Ram Memorial Hospital, has disputed the facts as stated by the Petitioner. She submits that as per the record maintained by the Respondent Hospital, Naveen was brought to the Hospital on the night of 25.04.2021 and not on 26.04.2021. She further submits that upon arrival, the deceased was examined by Dr. Sheetal, Junior Resident vide OPD Slip No. 7929 and was brought to the Flu Corner of the Respondent Hospital with the complaint of shortness of breath for one day, dry cough for the past three days and fever for the last four days.
7. Ms. Nakra further submits that on first examination, the deceased was found to be conscious and oriented and the SPO2 levels were measured at 23 percent, and therefore the patient was immediately put on oxygen and given nebulisation with Budecort and Ipravent, as well as Effcorlin in........