THE BOMBAY High Court has directed the Brihanmumbai Municipal Corporation (BMC) to pay Rs 10 lakh as interim compensation to the family of Lalbaug resident, Rajesh Maru, who died after being sucked into an MRI machine in BYL Nair Hospital in January last year.
The court said the civic-run hospital authorities cannot escape liability concluding that negligence on their part was established.
Maru s family had approached the High Court seeking compensation and safety guidelines in civic hospitals during MRI scans, so as to prevent such an incident in future.
On January 28, 2018, Maru was visiting a relative who was to undergo an MRI scan at the hospital. It was alleged that the ward boy had asked him to hold an oxygen cylinder inside the MRI room.
Maru was pulled by the magnetic force of the machine as soon as he entered the room and died of excessive inhalation of gas when the cylinder s knob broke open. The BMC, in August, submitted a report of a departmental inquiry into the incident stating that two hospital staffers were found to be prima facie negligent.
The ad interim relief was directed to be paid through a fixed deposit within six weeks, pending a probe by the police and the final hearing before the HC.
Harish Solanki, Maru s relative, said the amount will be deposited in his parents account for their daily expenses. Rajesh was the only earning member of the family. His father had retired and mother was a homemaker. After his death, they faced a lot of difficulty in handling daily expenses, Solanki said.
According to material submitted before the court, it was stated that Maru and his relative, who was to undergo the MRI scan, were asked to remove all metallic objects in their possession before entering the MRI room. The ward boy, had however, asked Maru to carry the cylinder assuring him that the machine was switched off.
As soon as Maru entered the room, he got pulled towards the machine and succumbed to injuries caused. The BMC and the hospital had opposed the family s plea for compensation stating that it was unclear what had caused Maru to be sucked into the machine. The court held that it was established as per all the material placed on record that Maru did not trespass into the room and that the ward boy had handed the cylinder to him.