JUDGMENT : (M. R. Pathak, J.) Heard Ms. K. Nada Maling, learned counsel for the petitioner and Mr. Taba Tagum, learned Standing Counsel, Health and Family Welfare Department, for the respondent Nos. 1 to 4. Also heard Ms. P. Pangu, learned Government Advocate, Arunachal Pradesh for the respondent No. 5. 2. The petitioner, Junaki Mega alleged that her daughter-in-law, Miti Mega wife of Amar Mega, aged about 23/24 years, after giving birth to a baby boy at District Hospital, Roing on the night of 10.07.2015, subsequently, after about 5½ hours of giving birth to her said baby, she expired on 11.07.2015, because of profuse bleeding, due to negligence committed by and on the part of the Doctors of District Hospital at Roing, Lower Dibang Valley, Arunachal Pradesh. 3. Petitioner’s daughter-in-law Miti Mega was brought to Roing District Hospital on 10.07.2015 for her delivery. Before her delivery, the doctors of the said Hospital, were aware that she was underweight and was suffering from Anemia and that precautions in that regard were taken by her. As per the Pregnant Woman Tracking Card her daughter-in-law was given 30 Iron Folic Tablet. 4. Though after delivery, her daughter-in-law being an anemic patient should have been transfused with blood and for that purpose blood should have been kept ready, but neither it was recommended by the Doctors in the said Government District Hospital at Roing, nor there was any facility of Blood Bank in the said Government Hospital. Petitioner further contended that in the entire Lower Dibang Valey, including Roing, there was no Blood Bank and even the emergency doctors, nurses and the medical staff in the said District Hospital at Roing were also not equipped with the basic facilities in case of complication during child birth by any pregnant mother or after delivery by such mothers. 5. The petitioner stated that her daughter-in-law was not placed under the supervision of any ASHA (Accredited Social Health Activist) Workers/Activist and her said daughter-in-law prior to her delivery had 3 (three) antenatal check-ups at Khonsa, Tirap District while she was with her husband Shri Amar Mega. On transfer of her son Amar Mega to Roing in the Lower Dibang Valley District, petitioner’s said daughter-in-law also came to Roing with her husband and had medical check-ups in the District Hospital at Roing. 6. On transfer of her son Amar Mega to Roing in the Lower Dibang Valley District, petitioner’s said daughter-in-law also came to Roing with her husband and had medical check-ups in the District Hospital at Roing. 6. It is alleged by the petitioner that during antenatal check-up had her daughter-in-law been advised by the authorities and the doctors of District Hospital at Roing to register with the ASHA Workers, she would have got the benefits of various Central and State sponsored Schemes of the Government like – Janani Shishu Suraksha Karyakrama (JSSK), Janani Suraksha Yojana (JSY) promoting intuitional deliveries under the National Rural Health Mission (NRHM) and providing free and cashless delivery, including C-Sections to pregnant women and free treatment of sick new-borns with free drugs, diagnostics, diet and transport regardless of socio economic status, where those schemes have been implemented to reduce infant maternal mortality. Because of such non- advise of the doctors and staff of the District Hospital at Roing, the daughter-in- law of the petitioner could not get the benefit from ASHA Workers, nor any such benefit under JSY and/or JSSK. Petitioner stated that had her daughter-in-law been advised by the Doctors at Roing District Hospital to register with ASHA Workers, she would have also got the benefits of other Government Schemes like, National Maternity Benefit Scheme (NMBS) and further, certain financial assistance. 7. Although, the daughter-in-law of the petitioner had normal delivery, she suffered postpartum hemorrhage and severe anemia and at the last moment the doctors and medical staff of the emergency ward of said District Hospital at Roing asked petitioner’s son to manage blood. During such time, the lady staff in-charge of the blood bank was found absent and due to such delayed process of transfusion of blood to her daughter-in-law, she expired. 8. The petitioner also stated that though an Ambulance was provided to carry the dead body of her daughter-in-law, but her infant grandson was not provided with any medical facilities under the provision of JSSK, though he was diagnosed with infection in his eyes. 9. Petitioner submitted that had there been a blood bank in the District Hospital at Roing and proper & trained emergency medical unit/staff in the said hospital, life of her daughter-in-law could have been saved by transfusing blood to her, but her son had to run around in search of blood in and around Roing during the relevant time. 9. Petitioner submitted that had there been a blood bank in the District Hospital at Roing and proper & trained emergency medical unit/staff in the said hospital, life of her daughter-in-law could have been saved by transfusing blood to her, but her son had to run around in search of blood in and around Roing during the relevant time. 10. The petitioner contended that her daughter-in-law died on account of poor access to health facilities, as noted above and her infant grandson also did not get the benefits under the JSSK. 11. The petitioner further stated that for transportation and ultrasound of her daughter-in-law, extra amount was borne by her son as there were no ultra sonography facilities available in the District Hospital at Roing. 12. For such reasons, the petitioner has prayed, amongst other, for a direction to the respondents ? (i) to reimburse the amount that her son had incurred from his pocket for transportation and sonography of her daughter-in-law while she was admitted in the District Hospital at Roing, (ii) to issue a Writ of Mandamus directing the respondents to monitor the health of the child (new born baby) and to provide him free treatment and medicines, (iii) to direct the respondents to provide amount for intuitional delivery under the JSY and National Food Security Act Scheme, (iv) to direct the respondents to monitor the health and to provide with an amount of Rs.10,00,000/- in a fixed deposit account and further, (v) to direct the Ministry of Health to pay Rs.1,00,000/- as compensation for the deceased daughter-in-law in the Cluster for its failure to cover her under JSSK and denying the benefits under the JSY and JSSK. 13. The respondents in the Health and Family Welfare Department of the State, including the Directorate, National Health Mission of the State, respondent Nos. 1 to 3, as well as the District Medical Officer, Roing, Lower Dibang Valley, Arunachal Pradesh, respondent No. 4 filed their respective affidavits in this matter on 30.01.2016 and 18.11.2022 respectively, stating that the patient was brought to the District Hospital, Roing in the emergency OPD (Outpatient Department) at District Hospital, Roing at late night on 10.07.2015 and she gave birth to a baby boy around 11:30 pm. Though she was fit and fine at the time of delivery, suddenly after about 5 hours, she started bleeding, which ultimately led her to death on 11.07.2015 at around 05:00 am due to anemia. 14. The respondents indicated what is anemia and also stated that anemia is normally not a reason of a chronic condition and death caused by anemia cannot be attributed on the part of doctor or hospital authority. 15. The respondent authorities also denied the allegation that District Hospital, Roing was not equipped with facilities in case of deliveries and submitted that a group of doctors and medical team headed by Senior Specialist Obstetrician and Gynecologist, GDMO (General Duty Medical Officer), Nursing Officer, ANM (Auxiliary Nurse and Midwife) and Nursing Assistant attended the deceased Miti Mega and all of them together gave their full effort to save the deceased, but she died due to postpartum hemorrhage. 16. The respondents in the Health Department of the State in the affidavit specified that postpartum hemorrhage as excessive bleeding per vagina after child birth due to uterine atony, uterine trauma, retaining placental tissue and blood clotting condition (Thrombin) etc. It is also stated by the respondent authorities that the patient with severe anemic is one who has Hemoglobin less than 7 grm and that the deceased Miti Mega did not receive any Ante-Natal check-up or Pre-Natal treatment at District Hospital, Roing, which she received at Khonsa at Tirap District. The respondents, as such stated that patient’s anemic status was not known before her admission in the District Hospital at Roing and therefore, there was no negligence on the part of the doctors and treating medical staff of the said Hospital while treating the daughter-in-law of the petitioner. It is also submitted by the respondents that the deceased daughter-in-law of the petitioner was provided with skilled delivery assistance and postpartum services at District Hospital, Roing under JSY and JSSK and that there is no Mamoni and Mamata Scheme in the State of Arunachal Pradesh, though the petitioner claimed benefits of such schemes. 17. It is also submitted by the respondents that the deceased daughter-in-law of the petitioner was provided with skilled delivery assistance and postpartum services at District Hospital, Roing under JSY and JSSK and that there is no Mamoni and Mamata Scheme in the State of Arunachal Pradesh, though the petitioner claimed benefits of such schemes. 17. The respondents stated that daughter-in-law of the petitioner did not register her name in Ante Natal Check-up in the District Hospital at Roing and the role of ASHA activist is limited to the foreground, where a pregnant woman has to register her name under ANC (Ante Natal Care) in the local or localized area for proper up-keep of the record of the registered pregnant women. Respondents stated that the daughter-in-law of the petitioner had under gone Ante-Natal check-up at Khonsa District and was registered by an ANM. 18. However, the State respondents in the Health and Family Welfare Department have admitted the fact that there is no Blood Bank in the District Hospital at Roing and that adequate budgetary provision for opening of Blood Bank in the District Hospital is need of the hour. The respondents in the Health and Family Welfare Department of the State have also admitted that there is acute shortage of trained personnel as well as budgetary constraints, Blood Bank could not be established and made operational in the District Hospital at Roing. 19. From the affidavits of the State respondents as well as the authorities of the District Hospital at Roing it can be seen that Miti Mega, wife of Amar Mega, the daughter-in-law of the petitioner who was suffering from severe anemia died after few hours of giving birth to a baby boy due to profuse bleeding and unfortunately, due to non-availability of blood as well as Blood Bank in the District Hospital at Roing, blood could not be provided to her when it was required, for which she expired. Though the respondents stated that such unfortunate incident cannot be termed as negligence on the part of the State respondents, but it is an admitted fact that due to non-availability of the Blood bank, blood could not be transfused to the daughter-in-law of the petitioner during her need. It is the boundant duty of the State authorities to provide proper and necessary medical facilities to the citizen of the country. 20. It is the boundant duty of the State authorities to provide proper and necessary medical facilities to the citizen of the country. 20. Admittedly, there was no Blood Bank in the District Hospital at Roing during the time of the incident and due to non-availability of the trained personnel and budgetary provisions as well as budgetary constraints Blood Bank in the District Hospital at Roing could not be set up and made it operational. As such, the State failed to provide proper medical facility to the daughter-in-law of the petitioner in her need. 21. Had there been a Blood Bank in the District Hospital at Roing, blood could have been transfused to the daughter-in-law of the petitioner at the time of her dire requirement, but due to non-availability of the Blood Bank in the said Government Hospital, she could not be provided with blood that was required for sustaining her life. 22. On hearing the parties, on perusal of the affidavits of the respondents, considering the entire aspects of the matter and for the reasons above, this Court is of the opinion that the respondents in the Health and Family Welfare Department, Government of Arunachal Pradesh are responsible for the death of the daughter-n-law of the petitioner. Therefore, the respondents in the Health and Family Welfare Department, Government of Arunachal Pradesh are directed to pay compensation of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) only for the death of daughter-in-law of the petitioner Miti Mega, wife of Amar Mega, resident of Mayu-I, Roing, Lower Dibang Velley, Arunachal Pradesh. 23. Such payment of compensation of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) shall be paid by the Commissioner and Secretary, Health and Family Welfare Department, Government of Arunachal Pradesh, respondent No. 1 within a period of 3 (three) months from the date of receipt of a certified copy of this order that is to be submitted by the petitioner or her son Amar Mega or any other person duly authorized by either of them on their behalf. 24. It is made clear that said amount of compensation of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) only shall be deposited in the bank account at a Nationalized Bank in the name of minor son of the deceased Miti Mega and Sri Amar Mega, who was born on the night of 10.07.2015 at District Hospital, Roing. 25. 24. It is made clear that said amount of compensation of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) only shall be deposited in the bank account at a Nationalized Bank in the name of minor son of the deceased Miti Mega and Sri Amar Mega, who was born on the night of 10.07.2015 at District Hospital, Roing. 25. If there is no bank account in the name of said minor son of the deceased Miti Mega, then the respondent authorities in the Health and Family Welfare Department, Government of Arunachal Pradesh shall do the needful for opening such bank account in a Nationalized Bank in the name of said minor son. 26. It is directed that said compensation amount of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) only shall be kept in a Nationalized Bank by way of fixed deposit in the name of minor son of the deceased Miti Mega and Sri Amar Mega, which shall be matured on attaining the majority age by the said minor son of the deceased, named above. 27. Before depositing the said compensation amount of Rs. 2,50,000/- (Rupees Two Lakhs, Fifty Thousand) only by the respondent authorities in the Health and Family Welfare Department, Government of Arunachal Pradesh, the respondent authorities through the concerned Village Headman of Mayu-I village and the Officer-in-Charge of Roing Police Station shall identify the said male minor child of the deceased Miti Mega and her husband Amar Mega, who was born on the night of 10.07.2015 at District Hospital, Roing. 28. The Petitioner or her son Amar Mega or any authorized person on their behalf shall submit the certified copy of this order before the Commissioner and Secretary, Health and Family Welfare Department, Government of Arunachal Pradesh, Civil Secretariat, Itanagar, Respondent No. 1 obtaining necessary acknowledgment from the said authority in that regard. 29. With the above observations and directions this writ petition is allowed to the extent above.