Kunal Saha, who was awarded what is probably India’s largest compensation package after a Supreme Court order in a case of medical negligence, has filed a contempt petition against the board of directors of AMRI hospital for its failure to pay the compensation on time.

He has also submitted a prayer demanding imprisonment of the board of directors, since they have “violated” the Apex court’s order.

In its October 24 judgement, the Apex court ordered the Kolkata-based AMRI hospital and its three doctors to pay an estimated Rs 11 crore (Rs 6.08 crore basic compensation and 6 per cent interest since the case was filed) as compensation by December 19. It held Sukumar Mukherjee, Baidyanath Halder and Balaram Prasad and AMRI management guilty for the death of US-based Saha’s wife due to medical negligence.

The judgement had mentioned that AMRI and the doctors should pay the compensation with interest within eight weeks. AMRI, however, filed an application about a week before the deadline seeking an extension . The hospital management cited its poor financial condition for the inability to pay the compensation within eight weeks.

“Although AMRI has claimed serious financial hardship as the ground of their inability to pay the compensation as directed by the Supreme Court, they have not produced an iota of supporting evidence, — bank or financial statements, loss-profit account balance sheet, total assets etc,” the petition mentioned.

The AMRI management, when contacted, did not comment on the development.

Interestingly, Saha raised questions on whether the West Bengal Government “bothered to check the financial stability” of the AMRI management before allowing them to reopen the Dhakuria hospital. The hospital remained closed after a massive fire killed more than 90 people in December 2011.

ayan.pramanik@thehindu.co.in

Published on December 22, 2013