# New India Insurance Co.Ltd v. Smt. Sita Sharma & ors

- **Citation:** (1999) 2 ILRA 208
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1999
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/new-india-insurance-co-ltd-v-smt-sita-sharma-ors-39207
- **Pages:** 4

## Text

THE INDIAN LAW REPORTS [1999
208
13.
During the course of arguments Km. N.A.Moonies, learned
counsel for the respondents, drew attention of the Court to
application and affidavit filed by her on behalf of the respondentsclaimants alleging that even when the respondents have initiated
execution proceedings the Assurance Company did not pay the
entire liability under compensation award. Therefore, their argument
that a time bound direction to make the payment, or for that matter
the payments, should be made. The request is genuine.

14.
In view of the aforesaid discussions, the appeal fails and is
hereby dismissed with costs, which are assessed at Rs. 1150/-
(Rupees one thousand one hundred fifty only). The Assurance
Company is hereby directed to deposit entire compensation amount
within three months from today, if not already done, whereafter the
executing court may proceed with the execution application, which
apparently has already been filed by the respondents-claimants. If
the amount of compensation has been deposited or in the event of
deposit within the period allowed or after realisation in execution
case, it shall be disbursed in terms of the award.

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1998
------
New India
Insurance
Co.Ltd.
 Vs.
Smt. Sita
Sharma & ors.
------
Palok Basu,J.
P.K. Jain, J.
1998
------
December, 21
2 All.] ALLAHABAD SERIES
209

Case law discussed.
1995(3) SCC. 42
1997 (2) SCC. 83

By the Court

This petition relates to the appalling conditions prevailing in
the Government Hospitals in district Allahabad.

The petitioner is an Advocate practising in this Court and this
petition has been filed as a Public Interest Litigation. He has referred
to the conditions prevailing in Swaroop Rani Hospital, Allahabad.
Dufferin Hospital, Allahabad, Colvin Hospital; T.B. Hospital (Beli
Hospital) etc. which he claims to have visited.

In paragraph 7 and 8 of the petition it has been alleged that
needy and poor patients have been refused necessary medicines and
proper medical treatment. In paragraph 9 of the petition it is alleged
that the operation theatres are in unhygienic conditions. In paragraph
12 of the petition it is alleged that pitiable conditions are prevailing
in these hospitals particularly for T.B. patients, maternity cases, and
patients with other diseases. In paragraph 13 of the petition it is
alleged that the Swaroop Rani Hospital which is affiliated to the
Moti Lal Nehru Medical College is in worse condition than other
Government Hospitals. In paragraph 14 it is alleged that in Swaroop
Rani Hospital there is shortage of day today medicines and blood in
the blood bank, and there is an unsatisfactory x-ray department
because of which emergency cases cannot be properly attended to. It
is alleged that there is a lot of garbage and filth in these hospitals. In
paragraph 16 of the petition it is alleged that the toilets are dirty and
in the wards there is an unhealthy and unhygienic atmosphere. In
paragraph 17 it is alleged that the road conditions near the Hospitals
and inside them are very bad and there is storage of dirty water with
mosquitoes, etc. it is also alleged that electric supply is not properly
maintained for these hospitals.

The petitioner has referred to Article 47 of the Constitution
which provides that it is a duty of the State of raise the level of
nutrition and the standard of living of the people and to improve
public health.

1998
------
S.K.Garg,
Advocate
 Vs.
State of U.P.
& others
------
M. Katju, J.
M.C.Agarwal,J.
THE INDIAN LAW REPORTS [1999
210

In our opinion the allegations in the petition are serious. The
Supreme Court in Consumer Education & Research Centre and
others V. Union of India and others 1995(3) SCC 42 and in State of
Punjab and others V. Mohinder Sfingh Chawla and others 1997(2)
SCC 83 held that the right to health is a part of the right to life
guaranteed by Article 21 of the Constitution. It is indeed true that
most of the Government Hospitals in Allahabad are in a very bad
shape and need drastic improvement so that the Public is given
proper medical treatment. Anyone who goes to the Government
Hospitals in Allahabad will find distressing sanitary and hygienic
conditions. The poor people, particularly, are not properly looked
after and not given proper medical treatment. Consequently most
people who can afford it go to private nursing homes or private
clinics. There are many complaints that the staff of the Government
Hospitals are often in collusion with the Doctors who run private
nursing homes, and deliberately do not look after the patients who
come to Government Hospitals so that they may be driven to go to
private nursing homes,and they often advise patients to go to a
particular nursing home. All this needs to be thoroughly investigated.
This is a welfare State, and the people have a right to get proper
medical treatment. In this connection it may be mentioned that in
U.S.A. and Canada there is a law that no hospital can refuse medical
treatment of a person on the ground of his poverty or inability to pay.
In our opinion Article 21 of the Constitution, as interpreted in a
series of judgments of the Supreme Court, has the same legal effect.

On the facts and circumstances of the case we direct that a
Committee be set up immediately for investigating the affairs of the
government Hospitals at Allahabad. The Chairman of the Committee
will be Sri Vibhav Bhushan Upadhya, Sr. Advocate of this Court and
former Advocate General of U.P. and the members of the Committee
will be the Addl. Director, Medical Health, Allahabad, the Chief
Medical officer, Allahabad, the District Chairman of the Committee.
This will make a thorough investigation into these affairs of the
Government Hospitals at Allahabad and submit a detailed report by
the next date fixed in this case.

List on 11.4.99.

Copy of this order will be given to Sri V.B.Upadhya learned
counsel and to learned counsel for the petitioner free of cost. The
petitioner will give a photocopy of this order to the Addl. Director,
Medical Health, Allahabad, C.M.O. Allahabad and D.M.,Allahabad
1998
------
S.K.Garg,
Advocate
 Vs.
State of U.P.
& others
------
M. Katju, J.
M.C.Agarwal,J.
2 All.] ALLAHABAD SERIES
211
who will file their personal counter affidavits by thedate fixed in this
case. Learned Standing Counsel will also inform these officers that
they have to file their personal counter affidavits.

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By the Court

This is public interest litigation filed by a former Air Force
Officer in which he has prayed for a mandamus to the respondents
not to issue free rail passes to Ex. Member of Parliament. It has been
alleged in this petition that the respondent is giving free railway
passes to former Members of Parliament. In our Opinion this is
wholly illegal and in violation of Article 14 of the Constitution . In a
poor country like ours such passes cannot be given in this manner.
Former M. Ps. are not a privileged group.

Shri Govind Saran , learned counsel for the railway
submitted that the ex. M. Ps. have not been impleaded in this petition
. In our opinion this is a policy matter and hence there is no need to
implead the ex. M.Ps. He has then alleged that the petitioner is not
an aggrieved person . In our opinion this is a public interest
litigation and can be filed by anyone. In fact we appreciate the good
1998
------
December, 16