Muthulakshmi’s eight year long road to justice for husband’s death

The Madras High Court held that Muthulakshmi’s husband N Arumugam was allowed to die as an orphan in a hospital, without any efforts made to identify his name, address and family.
Muthulakshmi with her brother Maruthamuthu
Muthulakshmi with her brother Maruthamuthu
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A woman’s fight for eight years to seek justice for her husband’s death has borne results with the Madras High Court awarding a compensation of Rs 15 lakh with interest as well as an investigation into the circumstances of her husband’s death. Muthulakshmi, a resident of  Kokkarakalvalasu in Dindigul, lost her husband, Arumugam, on November 13 in 2014. 

Though he had gone missing on October 31, 2014, his family was informed of his death only on November 13. While he had been admitted to the hospital on October 31 after being involved in a road accident, neither the police nor the hospital authorities made efforts to trace his family or register a complaint.

Arumugam had left his native village J Krishnapuram in Tiruppur on October 31, 2014 on a two-wheeler, after staying with his parents for a couple of days. As he was not carrying a phone, his family was not able to contact him even after two days. Anxious to know his whereabouts Muthulakshmi and her brother Maruthamuthu started enquiring about him. On November 5, the family filed a missing persons complaint in the Keeranur police station. The family along with the cops inquired at nearby police stations and published ads in the papers as well, but no information was to be found. Despite multiple visits to the police stations, the police were not able to provide any updates about him.

Fourteen days after he disappeared, on November 13, Muthulakshmi received a phone call that changed the course of her life. It was from the inspector of the neighbouring village Kudimangalam’s police station asking her to come to the station and identify if a vehicle belonged to Arumugam. When she confirmed that the vehicle indeed belonged to her husband, she was informed by the Inspector that her husband was dead and his body could be collected from the Coimbatore Government Medical College Hospital’s mortuary.

Later that year, Muthulakshmi filed a writ petition to the Madras High Court stating that her husband died due to the gross negligence of the Keeranur police and the medical staff of the Coimbatore Medical College and Hospital. The petition stated that Muthulakshmi, her three children and Arumugam’s ageing parents deserved a financial compensation of Rs 25 lakh for the mental agony and the loss of dependency caused by Arumugam’s death. Another petition was filed requesting the case to be investigated further. On July 20, 2022, the Madras High Court allowed both the petitions.

The petitions stated that Arumugam was not given proper treatment at the Coimbatore Medical College Hospital. It also added that his death could have been avoided or at least Muthulakshmi and her children could have been with him during his final moments, had the Keeranur police conducted a proper investigation regarding Arumugam’s whereabouts. According to the petition, Arumugam’s treatment was “mechanical” despite his deteriorating condition. Arumugam was conscious when he was hospitalised, and yet the hospital staff did not make any attempt to find out details about his family to inform them.

Muthulakshmi alleged that the true nature of her husband’s injuries were not recorded in the FIR, as he might have been hit by a powerful VIP’s vehicle and the police wanted to cover it up. The treatment record did not include Arumugam’s rib injuries. Arumugam suffered from subdural haemorrhage and had he been operated on, there were chances of his survival. The petition contended that Muthulakshmi was not given a chance to move her husband to a different hospital for better treatment, since there were no efforts made by the hospital to identify Arumugam or inform his family.

In response to Muthulakshmi’s petitions, the Madras High Court on July 20, 2022 directed the police to conduct further investigations to ascertain the circumstances surrounding the accident and file a report to the court so that it can pass further orders. The Court awarded Muthulakshmi a compensation of Rs 15 lakh along with 6% annual interest from the date she filed the petition till the date of this order. Failure to pay the compensation within three months would result in a 12% interest for the same duration. The judgment also stated that the money can be collected from the police officers who were found to be involved in the case, the doctors and other staff members involved in the treatment of Arumugam.

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