Litigation News

80-year-old BPL COVID-19 patient dies before plea for immediate accommodation in govt hospital is heard by Delhi HC

Aditi Singh

An 80-year-old COVID-19 patient who was turned away by several hospitals for lack of vacancies, passed away before the Delhi High Court could take up his petition seeking a direction to the Delhi government to immediately accommodate him in a government hospital. (Motiram Goyal vs UOI)

The petition was preferred by the now deceased Motiram Goyal, through his son.

In the petition field through Advocate RPS Bhatti, the petitioner had informed the Court that he fell sick on May 25 and was taken to a hospital in Vikas Marg Extension, Delhi. The petition states,

“Due to the negligence of the staff of the said hospital, the Petitioner got infected with coronavirus.

It is added that soon thereafter, his condition deteriorated, and he was required to be put on a ventilator.

The hospital, however, started pressurizing the petitioner’s son to shift him to some other hospital, as it was not well-equipped to treat patients with COVID-19. The plea reads,

The Petitioner approached Rajiv Gandhi Hospital, AIIMS, Max at Patparganj, Gangaram Hospital and Apollo Hospital but all of them refused to admit the Petitioner stating that they have no vacancy.

Meanwhile, the Vikas Marg hospital kept charging exorbitant rates for treatment.

Claiming that he belonged to the BPL category, the petitioner sought a direction from the Court for free treatment and accommodation in a government hospital with a ventilator.

When the matter came up for hearing today, counsel for the petitioner informed that the Court that his client had passed away.

Consequently, the Court ordered,

"The learned counsel for the petitioner submits that unfortunately the petitioner has expired and therefore, the petition has been rendered infructuous. In view of the above, the petition and the application are disposed of."
Delhi High Court

Last month, the High Court had taken took suo motu cognizance of a video clip showing a man struggling to find a hospital bed for his COVID-19 positive mother due to unresponsive helpline numbers.

On June 3, the Delhi government had sought further time to get instructions on the issue and file a status report.

Read the Petition:

Motiram goyal- Delhi HC writ.pdf

Read the Order:

Motiram Goyal vs UOI.pdf
Bar and Bench - Indian Legal news