 in Maravanur, Manapparai, Trichy District){kind=link}
The Madras High Court has granted ₹10 lakh in compensation to the father of an employee who died while disposing of discarded medical waste at the Government Primary Health Centre (PHC) in Maravanur, Manapparai, Trichy District.
Details of the Case
The court was addressing a writ petition seeking ₹25 lakh in compensation for the mishandling of medical waste. Justice G.R. Swaminathan, presiding over the case, emphasized the state’s duty to ensure employee safety and held the state liable under the principle of res ipsa loquitur, which implies that the nature of the accident itself indicates negligence.
State’s Responsibility and Negligence
Justice Swaminathan stated, “The State has to be a model employer. It cannot be seen compromising the safety of its employees.” The court found it unreasonable to suggest that the deceased, Kalaiyarasan, acted independently and voluntarily. He was instructed to dispose of the garbage by setting it on fire using a sanitizer liquid, a method not legally sanctioned for medical waste disposal.
Application of Res Ipsa Loquitur
The principle of res ipsa loquitur was applied, indicating that the accident’s nature pointed to the state’s negligence. The court noted that Kalaiyarasan was not trained for such tasks and was exposed to hazardous materials without proper safety measures, resulting in severe burns from an explosion of expired medicines.
Legal Provisions and Obligations
The court highlighted that medical waste must be disposed of following the Bio-Medical Waste Management Rules, 2016, which mandate safe handling and proper protective equipment for healthcare workers. The state’s failure to adhere to these rules and the subsequent harm to Kalaiyarasan made them liable for his death.
Doctrine of Benevolent Exercise of Power
The court criticized the state for opposing the compensation claim and invoked the doctrine of benevolent exercise of power, emphasizing the need for the state to accept responsibility in such clear cases of negligence. The petition was allowed, and the state was ordered to pay the compensation.
Cause Title- Arjunan v. The Government of Tamil Nadu & Ors.