Paschim Banga Khet Mazdoorsamity ... vs State Of West Bengal & Anr on 6 May, 1996

Supreme Court of India
Paschim Banga Khet Mazdoorsamity ... vs State Of West Bengal & Anr on 6 May, 1996
Equivalent citations: 1996 SCC (4) 37, JT 1996 (6) 43
Author: S Agrawal
Bench: Agrawal, S.C. (J)
PETITIONER:
PASCHIM BANGA KHET MAZDOORSAMITY OF ORS.
Vs.
RESPONDENT:
STATE OF WEST BENGAL & ANR.
DATE OF JUDGMENT:

06/05/1996

BENCH:
AGRAWAL, S.C. (J)
BENCH:
AGRAWAL, S.C. (J)
NANAVATI G.T. (J)
CITATION:
1996 SCC (4) 37
1996 SCALE (4)282

JT 1996 (6)

43

ACT:

HEADNOTE:

JUDGMENT:

J U D G M E N T S.C. AGRAWAL. J.
In Pt. Paramanand Katara vs. Union of India & Ors., 1989 (4) SCC 286. this Court in the context of
medico-legal cases. has emphasized the need for rendering immediate medical aid to injured
persons to preserve life and the obligations of the State as well as doctors in that regard. This
petition filed under Article 32 of the Constitution raises this issue in the context of availability of
facilities in Government-hospitals for treatment of persons sustaining serious injuries.
Hakim Seikh [petitioner No. 2] who is a member of Paschim Banga Khet Mazdoor Samity
[petitioner No. 1], an organization of agricultural labourers, fell off a train at Mathurapur Station in
West Bengal at about 7.45 P.M. on July 8, 1992. As a result of the said fall Hakim Seikh suffered
serious head injuries and brain haemorrhage. He was taken to the Primary Health Centre at
Mathurapur. Since necessary facilities for treatment were not available at the Primary Health
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