The Bombay High Court has rendered the Maharashtra government accountable for the tragic death of a patient at the Yerwada Mental Hospital, who was fatally assaulted by another inmate. In the case of Noorjan Samshuddin Bhanvadiya v. State & Ors., the court mandated the State to compensate the victim’s family with ₹22 lakh, in addition to ₹1 lakh previously awarded under a Lokayukta order.
Presiding over the case, Justices Manish Pitale and Shreeram V. Shirsat criticized the severe understaffing at the hospital. They observed that only three attendants were on duty for a ward housing 72 patients, a clear violation of the State Mental Health Rules, 1990, which require one attendant for every five patients. The bench remarked, “The attendant strength was grossly inadequate, violating the basic ‘minimum facilities’ mandated for mental hospital patients. This reflects a failure by the respondent-State to ensure proper care for patients at the Yerwada Mental Hospital.”
The judgment was passed on a plea by the widow of the deceased, a Pune-based real estate agent, who was attacked in the observation ward by another patient, Deepak Suravase, on November 20, 2013. Despite the hospital’s denial of any administrative negligence, the court disagreed, emphasizing the failure to isolate aggressive patients like Suravase.
“The concerned officers of the Yerwada Mental Hospital were expected to undertake basic measures, such as segregating violent patients, to prevent such incidents. Neglecting to do so resulted in this tragic event, where two lives were lost due to a violent attack,” asserted the bench. The court found gross negligence on the hospital’s part, making further evidence unnecessary.
The bench underscored that the State’s violation of the right to life under Article 21 of the Constitution necessitates a public law remedy in the form of monetary compensation. The deceased, being the family’s sole breadwinner, succumbed while under State care and custody.
Using the structured formula from motor accident claims to calculate the compensation, the bench determined a loss of dependency amounting to ₹17 lakh based on the victim’s income tax returns. An additional ₹5 lakh was granted, acknowledging the couple’s son’s 90% permanent mental disability, which the court deemed a critical factor in determining the compensation.
The court criticized the State’s victim compensation norms of ₹2 lakh for loss of life and ₹5 lakh for custodial death as “woefully inadequate,” ordering the ₹22 lakh payment to be made within eight weeks. Should there be any delay, the amount will incur a 9% annual interest.
Representing the widow were Advocates Vrushali L. Maindad, Manali P. Sawant, and Akshada C. Mundhe, while Additional Government Pleaders NC Walimbe and Tanu N. Bhatia appeared for the State. Advocates Mayur Khandeparkar and Raghav Dharmadhikari served as Amici Curiae.
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