Final Order 1

Pdf Text: ~1~ Judgment C. C. No. : 1281/N/2018
Filed on : 12/09/2018.
Registered on : 12/09/2018.
Decided on : 24/01/2019.
Duration : 0 Y., 04 M., 12 D.
Exh. :
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
(Presided by R. M. Nerlikar)
Rajesh Nandkumar Shah.
Age : 48 Years. Occ. : Nil.
R/o. : E/1015, Lok Sarita , Military
Road, Marole, Mumbai 400 059.
.. Applicant.
V/s.
The Assistant Municipal Commissioner,
'K' East Ward, Health Department,
Gundivali, Andheri (E),
Mumbai400 05.
.. Respondent.
Application for registration of Death.
Ld. Advocate for applicant. : Mangesh S. More.
J U D G M E N T
(Delivered on 24/01/2019)
The applicant has made this application U/Sec. 13
(3) of the registration of birth and deaths act, 1969, for
registration of death date of his father viz. Nandkumar Gopal
Shah.
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~2~ Judgment C. C. No. : 1281/N/2018
2. In short it is the case of the applicant, his father
viz. Nandkumar Gopal Shah was admitted to Dr. L. H.
Hiranandani Hospital, Powai, on 01/01/2007, as he was
having difficulty for passage of urine. The urologist has
examined him and explained about the same and advised for
minor leaser surgery. Accordingly, necessary check up and
leaser surgery was to be conducted, on 03/01/2007 and on
the same date, at about 01.00 p.m. Doctor called applicant
and informed him that, the said deceased was put on life
support system. After reaching hospital he came to know that,
on administration of anesthesia to the deceased his blood
pressure drop and he suffered cardic arrest. Ultimately, at
about 03.00 p.m. his father Mr. Nandkumar Goapl Shah
declared death. Thereafter, bill was paid. Since death was
natural and Doctor suggested postmortem need not to be
conducted, if relatives of deceased insisted then Doctor will
conduct postmortem. Relying upon Doctor's advice applicant
do not insist for postmortem. For cremation of the deceased
hospital staff advised to submit the deposition form to Powai
police station and get no objection certificate from them, so as
to cremate the body crematorium.
3. Further he stated aht, thereafter, form was issued,
on 03/01/2007 by the Hospital, his statement recorded by
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~3~ Judgment C. C. No. : 1281/N/2018
police authority, on 03/01/2007, accordingly form No. 4 and
5 issued by the Powai police station. After 5 to 6 days of
cremation the staff of crematory informed him that the form
issued by the Hospital was not signed by any Doctor, in spite
of repeated requests hospital not ready to rectify the mistake
and with the help of police the signature was obtained. On
submission of from No. 4 and 5 with the Municipal
Corporation of Greater Mumbai, they refused to issue death
certificate of deceased without from No. 4A from the hospital.
Applicant again approached to the hospital for form No. 4A,
at that time he came to know that, said form issued for cause
of death of patient. Hospital refused to issue form No. 4A on
the ground that it can be issued only after conducting
postmortem of the deceased, since body of deceased has been
already cremated. Applicant issued request letter to the said
hospital, on 27/01/2007 for the record of deceased. They
issued death summary of deceased, on 27/01/2007. He
expressed his grievance with the concern hospital with that
regard, wherein hospital informed him vide letter dated
29/03/2007 and opined death arising out of mishap of this
nature, mandates that the body of the patient should be sent
for postmortem. The same has been done by them, only to
cover up their negligent act.
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~4~ Judgment C. C. No. : 1281/N/2018
4. Applicant further submitted that, relatives of the
deceased acted upon advice of the Doctor and therefore,
deceased obtained waiver to the postmortem. Thereafter,
applicant issued notice, approached Honourable High Court
by filing criminal writ petition, same were rejected, hence,
made this application for directing the respondent i.e. The
Assistant Municipal Commissioner, 'K' East Ward, Health
Department, Gundivali, Andheri (E), Mumbai400 05, to issue
death certificate of Nandkumar Gopal Shah, who died on
03/01/2007, at 03.30 p.m., in Dr. L. H. Hiranandani hospital,
Powai, Mumbai.
5. Notice to the respondent was issued, it was served
upon it. Respondent filed his say, at (Exh.5), which disclosed
applicant has failed to produce any evidence in support of
event, under the circumstances, it is for the court to decide
after verifying the correctness of the event (Birth/Death) as
required under section 13 (3) of Registration of Birth and
Death Act, 1969.
6. Heard Ld. Counsel Mangesh S. More, for the
applicant.
7. The points for determination along with my
findings thereon are, as under...
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~5~ Judgment C. C. No. : 1281/N/2018
SR. NO. POINTS FINDINGS
1 Whether applicant proves, his father
viz. Nandkumar Gopal Shah died, on
03/01/2007, at 03.30 p.m., at Dr. L.
H. Hiranandani Hospital, Powai,
Mumbai ?
Yes.
2 Whether applicant proves, date of
death of his father was not recorded
with B.M.C. record?
Yes.
3 What order ? As per final
order.
R E A S O N S
AS TO POINT NOS.1 AND 2 :
8. These points are interlinks with each other,
therefore, I am discussing the same together.
9. In order to prove the case, applicant viz. Rajesh
Nandkumar Shah examined himself, as (A.W.No.1), at (Exh.
4) and witness viz. Dr. Prakash Chandra Shetty, as (A.W.No.
2), at (Exh.6). He has produce on record documentary
evidence in the form of death summary at (Exh.8). He closed
his evidence by filing pursis at (Exh.6A).
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~6~ Judgment C. C. No. : 1281/N/2018
10. If minutely read evidence of applicant Rajesh
(A.W.No.1) it reveals that, his father viz. Nandkumar Gopal
Shah, admitted at Dr. L. H. Hiranandai Hospital, Powai, on
01/01/2007, as he was having difficulty for passage of urine.
The urologist Doctor advised for minor leaser surgery.
Accordingly, necessary check up and leaser surgery was to be
conducted, on 03/01/2007, on the same date at about 01.00
p.m. Doctor informed him that, the said deceased was put on
life support system. Thereafter, he came to know that, on
administration of anesthesia to the deceased his blood
pressure drop and he suffered cardic arrest. Ultimately, at
about 03.00 p.m. his father Mr. Nandkumar Gopal Shah
declared death.
11. Evidence of Dr. Prakash (A.W.No.2) disclosed he
issued death summary, on 27/01/2007, of patient viz.
Nandkumar Gopal Shah, who was admitted on 01/01/2007
was posted for TURP, transferred from OT, with history of
cardiac arrest, 10 minutes after giving spinal anesthesia,
patient was intubated and put on ventilator, temporary
pacemaker implantation and arterial cannulation done and DC
shocks and CPR Given in OT on arrival in ICU, at 01.45 p.m.,
on 03/01/2007 patients was treated there but could not
receive back and declared death at 03.30 p.m. Thereafter, his
family was advised for postmortem and deposition form sent
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~7~ Judgment C. C. No. : 1281/N/2018
to Powai police station. Thereafter, he issued death summary,
at (Exh.8).
12. On perusal of death summary (Exh.8) it appears
that, patient viz. Nandkumar Gopal Shah, 70/M a known case
of diabetes mellius on medications, was admitted on
01/01/2007, posted for TURP, transferred from OT with
history of cardic arrest, 10 minutes after giving spinal
anaestesia. Patient was intubated and put on ventilator,
temporary pacemaker implantation and arterial cannulation
done and DC shocks and CPR given in OT. But patient could
not be received back and declared dead at 03.30 p.m. and
advised postmortem and deposition form sent to Powai police
station.
13 Evidence of above two witnesses coupled with
death summary (Exh.8), reveals that father of applicant
Nandkumar Gopal Shah was admitted in Dr. L. H.
Hiranandani Hospital, Powai, Mumbai, on 01/01/2007, for
his treatment. During treatment on 03/01/2007, declared
dead at 03.30 p.m. Accordingly, death summary (Exh.8) was
issued.
14. Evidence of applicant Rajesh (A.W.No.1) coupled
with evidence of Dr. Prakash (A.W.No.2), who issued death
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~8~ Judgment C. C. No. : 1281/N/2018
summary (Exh.8) disclosed fact that, patient viz. Nandkumar
Gopal Shah was declared death, at 03.30 p.m., on
03/01/2007. Further, the evidence of applicant Rajesh
(A.W.No.1) disclosed he made the best efforts for obtaining
death certificate of his father from concern department. He
then filed writ petition before Honourable Bombay High
Court, same was disposed off, as applicant is having efficious
remedy from competent court of law.
15. If considered above discussion and fact that
Nandkumar Gopal Shah, was admitted on 01/01/2007 and
died on 03/01/2007 at Dr. L. H. Hiranandani Hospital, at
03.30 p.m. and same has not been recorded till date, with
concern department i.e. Municipal Corporation Greater
Mumbai, Andheri (E), Mumbai, in view section 13 (3) of
Registration of Birth and Death Act, 1969, if date of death
person is not registered within stipulated period then this
court empowered to direct the concern authority to mention
death in relevant record of birth and death register concern.
Considering above discussion, application of applicant
required to be considered. Considering all these aspects, I
answer point No. 1 and 2 in affirmative.
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~9~ Judgment C. C. No. : 1281/N/2018
AS TO POINT NO.3 :
16. In view of above discussion the applicant has
succeeded to prove his case. Therefore, he is not titled for the
relief, as prayed for. The application is required to be
allowed. Accordingly, answer point No. 3 and I pass the
following order.
ORDER
1] The application is hereby allowed.
2] The Assistant Municipal Commissioner, 'K' East
Ward, Heath Department, Gundivali, Andheri
(E), Mumabai 400 069, is hereby directed to
register name of Nandkumar Gopal Shah in the
relevant record of Birth and Death Register, to
register his death, on 03/01/2007, at 03.30
p.m. at Dr. L. H. Hiranandani Hospital, Powai,
Mumbai, after receiving requisite fees.
Date 24/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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~10~ Judgment C. C. No. : 1281/N/2018
Dictated on : 24/01/2019.
Transcribed on : 24/01/2019.
Signed on : 13/02/2019.
SRD.
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