The Hindu : National : Hospital pulled up for delaying treatment of rape victim

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Sunday, Dec 09, 2007
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Hospital pulled up for delaying treatment of rape victim

Staff Reporter

The rape victim had lost vision in one eye due to the injury the accused had caused
Delhi Government and its hospital directed to pay Rs.1 lakh to the total compensation amount

NEW DELHI: Holding Shanti Mukund Hospital in East Delhi responsible for negligence and delay in treating the injured eye of a rape victim leading to loss of vision, the Delhi High Court has upheld a Single-Judge Bench’s judgment granting the victim a compensation of Rs.7.5 lakh.

The rape victim had lost vision in one eye due to the injury the accused had caused while overpowering her during a sexual assault on the hospital premises in 2003.

The hospital authorities had delayed treatment of the injury.

They had later sent her to Guru Tegh Bahadur Hospital of the Delhi Government where the doctors caused further delay in providing treatment to her.

Holding them also liable for negligence, a Division Bench of the Court comprising Justice M.K. Sharma and Justice Sanjiv Khanna directed the Delhi Government and its hospital each to pay the victim Rs.1 lakh to the total compensation amount.

The liability of the private hospital would be of Rs. 5.5 lakh, the Court said.

Shanti Mukund Hospital had challenged the judgment on the ground that neither the victim nor the accused was its employee.

A paralytic patient had engaged the rape victim, a nurse, for his care while the accused, a sweeper, was working in the hospital on daily wages.

The Bench rejected the argument saying the hospital’s responsibility was not only to provide security to its employees but also to those who visited it for treatment.

A Delhi court had in 2005 sentenced the accused to life imprisonment.

The incident had taken place on the night of December 7/8, 2003.

The accused, Bhura, had dragged the victim into the bathroom of the private hospital and committed the crime. When she tried to resist him, Bhura had grievously injured her right eye.

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