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2016 DIGILAW 594 (GAU)

XXX v. In Re : State of Assam & Anr.

2016-06-24

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. Mr. SK Medhi, learned Standing Counsel for Gauhati High Court. Mr. JMA Choudhury, Mr. AM Bujarbaruah, learned senior counsel and Mr. N Deka, learned counsel for the respondents. 2. On 6.11.2013, around 10.30 PM, two unidentified persons threw concentrated acid on Mrs. Rukmini Kalita and her two daughters – Ms. Nirupama Kalita and Ms. Karishma Kalita, while they were returning from a village function. Mrs. Rukmini Kalita is a resident of village Kamargaon, P.O. Dipila, P.S. Sipahjar, District Darrang. 3. The victims suffered acid burn injuries and were taken to Civil Hospital, Mangaldoi from where they were referred to Guwahati Medical College and Hospital. Extensive medical treatment was given to the victims whereafter they were discharged on 13.1.2014, but with several permanent disabilities, disfigurations and injuries on their person. The State Government has also paid Rs. 3,00,000/-, Rs. 50,000/- and Rs. 10,000/- respectively to the three victims. 4. Learned senior counsel, appearing on behalf of the victims, submits that despite the medical treatment, so received, further specialized medical treatment such as plastic surgery etc. is required for the victims – Nirupama and Karishma. To ascertain what specialized treatment is actually required, this court vide order dated 27.4.2016 directed the Commissioner and Secretary, Health and Family Welfare Department, Assam to take immediate steps for constituting a Medical Board under the auspices of the Guwahati Medical College and Hospital. The Medical Board was also directed to state the probable expenses that may be involved for the treatment of Nirupama and Karishma. 5. In compliance of order dated 27.4.2016, both Nirupama and Karishma were examined by the Medical Board. The report of the Medical Board in respect of Nirupama reads as under: “REPORT OF MS. NIRUPAMA KALITA, 21 YEARS ACID BURN VICTIM, HER PHYSICAL STATUS AND APPROXIMATE COST OF TREATMENT Physical status of Acid Burn Victim (3yrs back) Ms. Nirupama Kalita, 21 yrs. She is well built, stable physical status. On physical examination, she has the following deformities which will require correction in several stages. (i) Ear deformity (lt.) (ii) Scar left side on Neck (iii) Scar left side chest with left breast deformity (iv) Scar in chin & multiple scar near (lt.) & cheek (v) Hair loss in the temporal region and some loss in the other areas of scalp. Reconstructive Surgery with cost of treatment (i) Ear deformity (Lt.) will require at least 2/3 stages. Reconstructive Surgery with cost of treatment (i) Ear deformity (Lt.) will require at least 2/3 stages. 1st stage – Rib cartilage harvesting and framework placement under general Anesthesia. Cost – Approx. 30,000/- to 40,000/- 2nd stage of Ear Reconstruction (After 3-6 months) Releasing cartilage frame work and skin graft placement under general anesthesia. Cost – 20000/- to 30,000/- approx. 3rd stage (after 3 months) Final Refinements and adjustments. cost -20,000/- approx. (ii) Scar on left side of Neck Reconstruction Surgery with tissue expander placement cost of tissue expander Rs. 25,000/- approx. (A) 1st surgery under general anesthesia Expender placement Cost – Rs.20,000/- approx. (B) 2nd surgery: Excision of scar, expander removal and adjustment of expanded skin. Cost – Rs. 30,000/- approx. (iii) Scar left side of chest with Breast deformity Surgery under general Anesthesia Cost – Rs. 30,000/- approx. (iv) Scar chin/multiple scar near nose (lt) and cheek. (A) Scar excision & full thickness grafting chin under GA. Cost –Rs. 20,000/- Approx. (B) Adjustment of other facial scars. Cost –Rs. 20,000/- approx. (v) Hair loss in the temporal region and some loss in other areas of scalp (A) Temporal hair loss –tissue expander – Rs. 25,000/- + cost of two surgery Rs. 20,000 x 2 =Rs. 40,000/- Total cost Rs. 65,000/- (B) Hair transplantation to other bald areas Cost – 50,000/- to 70,000/- approx. Grand total of all stages: Rs.3,30,000/- to 3,60,000/- N.B: 1. This is the approximate expenditure of plastic surgical treatment of Ms.Nirupama Kalita which may vary from Centre to Centre. 2. All the procedures may not be required. 3. Depending upon number of procedures/any complications etc. the cost may be much more or less than the approximate estimated cost. All facilities for reconstruction mentioned above are available at Safdarjung Hospital, New Delhi, which is not a Govt. referral centre. Other centres which are in the list of Govt. referral board where facilities are available are: (1) AIIMS, New Delhi (2) Apollo Hospital, New Delhi.” 6. The Report of the Medical Board in respect of Ms. Karishma is as under: “REPORT OF PHYSICAL STATUS AND COST OF TREATMENT OF ACID BURN VICTIM MS. KARISHMA KALITA, 15 YRS. She is physically fit otherwise with a scar on the left Arm – Size approx. 6” x 5.5”, mild hypo pigmentation with patchy hyper pigmentation PLAN OF TREATMENT: Surgery may not improve much. Karishma is as under: “REPORT OF PHYSICAL STATUS AND COST OF TREATMENT OF ACID BURN VICTIM MS. KARISHMA KALITA, 15 YRS. She is physically fit otherwise with a scar on the left Arm – Size approx. 6” x 5.5”, mild hypo pigmentation with patchy hyper pigmentation PLAN OF TREATMENT: Surgery may not improve much. But serial excision of hyper pigmented scars may be done under local or general Anesthesia. Cost –Rs. 25,000/- to 30,000/- approx. Cost of cream/lotion/Medicines etc. - RTs 10,000/- approx. - Total cost 35,000 to 45,000/-“ 7. It is well settled by the Supreme Court that full responsibility is cast upon the State for bearing all expenses for treatment and rehabilitation of the victims of the acid attack. 8. We accordingly direct the State Government to ensure that immediate specialized medical treatment is provided to victims of acid attack – Nirupama and Karishma in any of the hospitals at New Delhi mentioned by the Medical Board in its report. The State Government, instead of giving money to the victims, may pay the expenses of treatment directly to the concerned Hospital. Needless to mention that the State Government shall also provide raveling and lodging expenses to the victims and their one attendant. With the above direction, the petition stands finally disposed of.