‘Gross negligence’: Bombay High Court orders Maharashtra govt to pay Rs 22 lakh to family of patient killed in mental…

3 min readMumbaiJun 9, 2026 01:47 AM IST

Holding the state responsible for the patient's death, the court observed that there was "gross negligence and failure of duty to take care" on the part of the authorities managing the hospital.

The Bombay High Court on Monday directed the Maharashtra government to pay Rs 22 lakh in compensation to the widow and two children of a 50-year-old man who was killed by another patient while undergoing treatment at the state-run Yerawada Mental Hospital in Pune in November 2013.

Holding the state responsible for the patient’s death, the court observed that there was “gross negligence and failure of duty to take care” on the part of the authorities managing the hospital.

A bench of Justices Manish M. Pitale and Shreeram V. Shirsat passed the order on a petition filed in 2017 by the deceased man’s widow through advocate Vrushali Maindad.

The deceased, who was in the real estate business, had been suffering from schizophrenia and was initially undergoing treatment at another hospital in Pune. Acting on medical advice, he was admitted to Yerawada Mental Hospital on November 19, 2013. According to the petition, his wife was assured that he would recover within a reasonable period.

However, on November 21, 2013, hospital officials informed her that her husband had been killed by another inmate the previous night. A duty attendant had found the accused patient violently assaulting him. The post-mortem report recorded severe injuries, with the cause of death attributed to head injuries and throttling. Another patient allegedly assaulted by the same inmate also died due to head injuries.

An FIR was subsequently registered against the accused. However, criminal proceedings remained in abeyance as he was suffering from mental illness and continues to undergo treatment.

The High Court noted that the deceased was in the care and custody of the state and therefore the government was “clearly responsible for the violation of fundamental rights of the deceased and the rights of the petitioners, as the deceased was the only breadwinner of the family.”

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The bench also took note of staffing levels at the hospital, observing that only three attendants were on duty for 77 patients in the observation ward on the night of the incident. This, the court said, “demonstrates the grossly negligent manner in which the state authorities were managing the affairs of the said mental hospital.”

While determining compensation, the court observed that the widow had suffered a loss of dependency as well as spousal and parental consortium. It also noted that one of her sons suffers from 90 per cent mental disability, is unable to earn independently and is unlikely to recover sufficiently to support himself.

Observing that the widow would have to care for her son throughout her life, the bench said it was inclined to award compensation beyond the amount suggested by the parties.

The court directed the state government to pay Rs 22 lakh to the petitioners within eight weeks and asked the widow to utilise the amount for the welfare of herself and her children.

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Noting that the family had been pursuing the case for nearly nine years, the court further held that the Rs 1 lakh ex gratia payment already made to the widow need not be adjusted against the compensation amount.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

Expertise & Authority

Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.

Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:

Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:

Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).

Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).

Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.

Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.

Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.

Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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