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2021 DIGILAW 185 (HP)

Sarita Devi v. State of Himachal Pradesh

2021-03-30

SANDEEP SHARMA

body2021
JUDGMENT : SANDEEP SHARMA, J. 1. By way of present petition filed under Art. 226 of the Constitution of India, petitioner has prayed for the following main relief(s): “I. That the writ in the nature of certiorari may kindly be issued thereby quashing and setting aside the impugned order Annexure P-6 dated 10/7/2020 passed by respondent No.3. II. That after setting aside the Annexure P-6, by way of writ of mandamus the respondent may be directed to release Ex-gratia payment of Rs.4 Lakh to the petitioner under norms of assistance from State Disaster Response Fund (SDRF) and National Disaster Response Fund (NDRF) under HP DM and Relief Manual 2012 forthwith.” 2. For having bird’s eye view of the matter, certain undisputed facts as emerge from the record are that on 24.1.2020, husband of the petitioner Vipan Kumar suddenly fell down from scooty bearing registration No. HP-74-8971, being driven by him, while he was on his way to his work place. Above noted person, after having suffered accident, immediately informed his brother-in-law over his mobile phone that he has met with an accident and at present having pain in his chest. Before the aforesaid brother-in-law and other relatives could reach the spot of accident, husband of the petitioner was removed to the CH Bhoranj, where he expired during treatment. Police after having received information, lodged a formal complaint and got the post-mortem conducted on the body of the deceased. Medical Officer opined in the post-mortem report that the husband of the petitioner died on account of cardiac arrest. Petitioner being wife of the deceased, filed an application to the Sub Divisional Officer(Civil), Bhoranj, seeking ex gratia on account of death of her husband in a road accident under the Disaster Management and Relief Manual, 2012. 3. Since it is not in dispute inter se parties that the person dying or suffering injuries in a road accident, is entitled to ex gratia, this Court sees no reason to refer to the various provisions of the Himachal Pradesh Disaster Management and Relief Manual, 2012. The only condition for becoming eligible for ex gratia payment under the Manual is that one should have suffered injuries or died in the road accident and it should not be a natural death. 4. The only condition for becoming eligible for ex gratia payment under the Manual is that one should have suffered injuries or died in the road accident and it should not be a natural death. 4. Application, seeking ex gratia having been filed by the petitioner came to be rejected vide communication dated 10.7.2020 (Annexure P-6) by the Sub Divisional Officer(Civil), Bhoranj, on the ground that the husband of the petitioner did not die on account of road accident, rather on account of cardiac arrest. Being aggrieved with the passing of annexure P-6, dated 10.7.2020, petitioner has approached this Court in the instant petition, praying therein for the reliefs as have been reproduced herein above. 5. Having heard learned counsel for the parties and perused the material available on record, this Court finds that there is no dispute inter se parties that at the time of alleged accident, husband of the petitioner was riding a scooty. Paragraphs Nos. 3 and 4 of the reply filed by the respondents, clearly suggest that the husband of the petitioner, after having fallen from the Scooty, suffered heart attack but since cause of death was given as cardiac arrest, prayer made on behalf of the petitioner for grant of ex gratia came to be rejected on the ground that the deceased husband of the petitioner died a natural death. 6. Having carefully perused the post-mortem report, this Court though finds that after having seen the body of deceased husband of the petitioner, Medical Officers have concluded that the cause of death of the husband of the petitioner was cardiac arrest, but, as has been taken note here in above, deceased, immediately after the accident, telephonically informed his brother-in-law, Rajender Jaryal, as is evident from his statement given to the Police (Annexure P-4), that he has met with an accident and feeling pain in his chest, meaning thereby the deceased suffered trauma after the accident and started feeling pain in the chest. Since the deceased husband of the petitioner suffered pain in his chest, after the alleged fall from the Scooty, cause of death may be cardiac arrest, but still it cannot be ruled out that the deceased suffered heart attack after having suffered trauma/shock in the accident. Since the deceased husband of the petitioner suffered pain in his chest, after the alleged fall from the Scooty, cause of death may be cardiac arrest, but still it cannot be ruled out that the deceased suffered heart attack after having suffered trauma/shock in the accident. No doubt, the postmortem report nowhere suggests any external injury on the body of the deceased, on account of accident, but cardiac arrest can definitely occur on account of shock and trauma. Trauma may cause arterial spasm and it is likely that a functional inhibition or coronary spasm may cause sudden death that sometimes follow upon blows to the chest. Reference is made to Chapter 6, Death and Its Cause of “The Essentials of Forensic Medicine and Toxicology” authored by Dr. K.S. Narayan Reddy (Twenty Seventh Edition 2008), wherein under the “concealed trauma”, causes leading to cardiac arrest have been detailed as under: “CONCEALED TRAUMA: (a) Cerebral concussion: This may cause death without any external or internal marks of injury. (b) NECK INJURY: Cervical spinal fracture-dislocation may occur in diving fall on head, impact down stair with a wall-facing from oblique impact or by fall of some object on the head, in such a way as to cause the dislocation especially with the head thrown back. The dislocation may be associated with tears of the ligaments and with the displacement of the skull from the spine. Sudden movements of the head over the spine with displacement may cause contusion and laceration of the spinal cord and rapid death. If death is delayed, there may be oedema softening and necrosis of the cord. Injury to the spinal cord causes spinal concussion and may cause death. Unconsciousness is not seen in all persons, but all get up with residual tingling, numbness, weakness of arms or legs and gait defects. Routine autopsy and X-ray may not show any abnormality. The dislocation of the cervical segments is often self-reducing and externally there may not be any injury, or there may be abrasions on the brow or chin. Complete dissection of spine is essential. The spinal cord, cut longitudinally, may show internal bruising. Death may be instantaneous. (c) BLUNT INJURY TO THE HEART: Contusion of the chest as in steering –wheel impacts, head-on collisions from blast or heavy punching, may temporarily or permanently derange the heart without much evidence of trauma. Contusion of the heart may cause death. Complete dissection of spine is essential. The spinal cord, cut longitudinally, may show internal bruising. Death may be instantaneous. (c) BLUNT INJURY TO THE HEART: Contusion of the chest as in steering –wheel impacts, head-on collisions from blast or heavy punching, may temporarily or permanently derange the heart without much evidence of trauma. Contusion of the heart may cause death. Trauma may cause arterial spasm and it is likely that a functional inhibition or coronary spasm may cause sudden death that sometimes follow upon blows to the chest. (d) INHIBITION OF THE HEART: (Vagal inhibition; vaso-vagal shock; reflex cardiac arrest; nervous apoplexy or Instantaneous Physiological death); Sudden death occurring within seconds or a minute or two due to minor trauma or relatively simple and harmless peripheral stimulation are caused by vagal inhibition. Pressure on the baroreceptors situated in the carotid sinuses, carotid sheaths, and the carotid body (located in the internal carotid artery just above the bifurcation of common carotid artery, and situated about the level of angle of mandible) causes an increase in blood pressure in these sinuses with resultant slowing of the heart rate, dilatation of blood vessels and a fall in blood pressure. In normal persons, pressure on the carotid sinus causes minimal effects with a decrease in heart rate of less than six beats per minute and only a slight reduction (less than 10 mm. Hg) in blood pressure. Some individuals show marked hypersensitivity to stimulation of the carotid sinus characterized by bradycardia and cardiac arrhythmias ranging from ventricular arrhythmias to cardiac arrest. Stimulation of the carotid sinus baroreceptors causes impulses to pass via Hering’s nerve to the afferent fibres of the glossopharyngeal nerve (9th cranial nerve); these in turn link in the brainstem to the nucleus of the vagus nerve (both cranial nerve). Parasympathetic efferent impulses then pass to the heart via the cardiac branches of the vagus nerve. Stimulation of these fibres causes a profound bradycardia. This reflex arc is independent of the main motor and sensory nerve pathways. (Fig. 6-5). There is wide network of sensory nerves in the skin, pharynx, glottis, pleura, peritoneum covering viscera or extending into the spermatic cord, cervix, urethra, perineum and celiac plexus. Afferent fibres from these tissues pass into the lateral tracts of the spinal cord, affect local reflex connections over several segments and also pass to the brain. (Fig. 6-5). There is wide network of sensory nerves in the skin, pharynx, glottis, pleura, peritoneum covering viscera or extending into the spermatic cord, cervix, urethra, perineum and celiac plexus. Afferent fibres from these tissues pass into the lateral tracts of the spinal cord, affect local reflex connections over several segments and also pass to the brain. The vagal nucleus is controlled by the synaptic connections in the spinal cord, which may be facilitated from both the sensory central cortex and from the thalamic centres. The latter may be responsible for emotional tone noted in the vagal reflex. Parasympathetic stimulation of the heart can be initiated by high neck compression, pressure on carotid sinus or sometimes by direct pressure over the trunk of the vagus nerve. Causes: (1) The commonest cause of such inhibition is pressure on the neck particularly on the carotid sinuses as in hanging or strangulation. (2) Unexpected blows to the larynx, chest, abdomen, and genital organs. (3) Extensive injuries to the spine or other parts of the body. (4) Impaction of food in larynx or unexpected inhalation of fluid into the upper respiratory tract. (5) Sudden immersion of body in cold water. (6) the insertion of an instrument into the bronchus, uterus, bladder or rectum (7) Puncture of a pleural cavity unusual for producing a pneumothorax (8) Sudden evacuation of pathological fluids, e.g., ascetic or pleural (9) Sudden distension of hollow muscular organs, e.g., during attempts at criminal abortion, when instruments are passed through the cervix or fluids are injected into the uterus. (10) In degenerative diseases of the heart, e.g., sinus bradycardia and partial or complete A-V Block; Parasympathetic stimulation further depress the heart rate and may produce a Stokes-Adams attack which may be fatal. There is great variation in individual susceptibility. Death from inhibition is accidental and caused by microtrauma.. The stimulus should be sudden and abnormal for the reflex to occur. The reflex is exaggerated by ah high state of emotional tension and also any condition which lowers voluntary cerebral control of reflex responses, such as a mild alcoholic intoxication a degree of hypoxia or partial narcosis due to incomplete anaesthesia.” 7. A bare reading of the excerpts of the Book (supra), reveals that sudden death occurring within seconds or a minute or two due to minor trauma or relatively simple and harmless peripheral stimulation is caused by vagal inhibition. A bare reading of the excerpts of the Book (supra), reveals that sudden death occurring within seconds or a minute or two due to minor trauma or relatively simple and harmless peripheral stimulation is caused by vagal inhibition. Pressure on the baroreceptors situated in the carotid sinuses, carotid sheaths, and the carotid body (located in the internal carotid artery just above the bifurcation of common carotid artery, and situated about the level of angle of mandible) causes an increase in blood pressure in these sinuses with resultant slowing of the heart rate, dilatation of blood vessels and a fall in blood pressure. 8. Besides this, ‘natural death’ has been described in the aforesaid Book as the death caused entirely by the disease and the trauma or poison did not play any part in bringing it about. In the present case, there is every possibility that the husband of the petitioner suffered trauma and shock subsequent to fall from the Scooty. 9. If the aforesaid explanation rendered in the book referred to above, is taken into consideration, it can be safely inferred/presumed that cardiac arrest can be caused on account of sudden fall and shock. 10. In the case at hand, factum with regard to riding of scooty and fall there from immediately before death is not disputed, rather in the reply filed by respondents Nos. 1 to 3, in paras Nos. 3 and 4 of reply on merits, said respondents have admitted the factum of husband of the petitioner falling from the scooty and suffering cardiac arrest. Once, road accident is admitted, prayer made on behalf of the petitioner for ex gratia requires consideration in terms of the Manual. In the facts and circumstances of the case, as have been taken note herein above in detail, death of husband of the petitioner cannot be said to be natural rather, same can be said to have been caused on account of accident. 11. In view of the detailed discussion made herein above, present petition is allowed. Annexure P-6, dated 10.7.2020 is quashed and set aside. Respondents are directed to make payment of ex gratia to the petitioner on account of death of her husband, in terms of the Manual (supra), within a period of four weeks, from today. All pending applications stand disposed of.