Man’s death in MRI room: Bombay high court grants interim compensation of Rs 10 lakh to kin

The 

Bombay high court

 on Tuesday granted interim compensation of Rs 10 lakh to the family of a 32-year-old salesman in Mumbai who died last January after being 

sucked into an MRI machine 

at a civic hospital, observing that the “unfortunate incident’’ was prima facie a case of negligence. 

The HC directed the civic body and 

BYL Nair hospital 

, where the death occurred, to pay the amount within six weeks offering some reprieve to the victim's family.

“But for the 

negligence 

on part of hospital authorities the incident wouldn’t have taken place,’’ said the HC bench of Justices Akil Kureshi and SJ Kathawalla on Tuesday. “Hospitals should take all necessary precautions based on such case. Municipal hospitals are visited by a large number of people, relatives, many from rural areas lacking in awareness. It would be unreasonable to think that they are aware about entering 

MRI scan

 room without metal objects," said Justice Kureshi dictating the order in open court.

The court also directed the family to put the amount in a fixed deposit. The state chief minister's relief fund had released Rs 5 lakh to the family last year, said the Brihanmumbai Municipal Corporation (BMC) counsel Joquim Reis. The FD, the court suggested, is to ensure that the money is secure and grows, after observing that the man, a salesman with a ‘multi brand outlet’ earning Rs 36,000 monthly was the “virtually sole earning member’’ who lived with his aged parents and unmarried sister. “The proof of income is not conclusive,’’ observed the HC, adding that the final compensation amount would be computed after a detailed hearing where his age, income, dependents and future earning capacity would be factored in.

Lalbaug

 resident, Rajesh Maru, died after getting pulled into the MRI machine along with an oxygen cylinder he allegedly carried into the room for his ailing relative.

The HC noted the contents of an FIR filed and statements recorded in the case too.

BMC special counsel Joaquim Reis had argued that it was the first incident of its kind and a departmental inquiry was being conducted and the role of four others being probed. He had submitted that a preliminary inquiry, subject to final inquiry, had pointed towards two staff, a ward boy and another, for prima facie negligence.

“As per the employer, its staff was negligent in discharge of duties.The BMC thus cannot avoid its liabilities to pay compensation,’’ said the HC in the interim order.