Staff Reporter :
The Appellate Division of the Supreme Court on Sunday stayed a High Court order for eight weeks that asked the United Hospital authorities to pay four victim families Tk 30 lakh each within 15 days as initial compensation against death of their family members in a fire incident in the hospital.
The Chamber Judge of the Appellate Division Justice Md Nuruzzaman
passed the order after hearing on a petition filed by the Hospital authorities challenging the High Court order.
Barrister Mustafizur Rahman Khan appeared in the hearing on behalf of the United Hospital, while Barrister Aneeq R Haque, Barrister Hasan MS Azim, Barrister Niaz Mahmud and others appeared for the petitioners.
Mustafizur Rahman said, “The High Court recently issued a ruling regarding the compensation. Besides, the court asked the hospital to pay an amount as initial compensation. I have been asked to pay the compensation before final hearing on the rule, which means the rule has become absolute.”
The lawyer also said, “Here the petitioners are the members of the victim families. We have a question as whether a private party has the scope to file a writ petition against another private party.”
“According to the Fatal Accidents Act, 1855, if an accidental death occurs, those who are the victims of that death have the scope to file cases sue for compensation. They will have to file a civil case in the lower court,” said the lawyer.
Earlier on January 11, the High Court bench of Justice JBM Hassan and Justice Md Khairul Alam asked the United Hospital authorities to pay the compensation.
The court also issued a rule asking the United Hospital authorities to explain in four weeks as to why they should not be directed to pay four victim families Tk 15 crore each as compensation over the damages and death of their family members in the fire incident.
In the ruling the High Court also wanted to know from the respondents to explain as to why the license of the United Hospital should not be cancelled for their negligence.
A devastating fire, which started from an air-conditioning unit in one of the four rooms there, killed five patients, who could not get up and escape, on May 27 night last year.
The five patients who were killed in the fire incident were Riazul Alam, 45, Khodeza Begum, 70, Bherun Anthony Paul, 74, Md Monir Hossain, 75, and Md Mahabub, 50, said a United Hospital statement.
They were undergoing treatment with Covid-19 like symptoms at the isolation ward outside the main hospital building, said the statement. Later, the fire service was informed immediately who brought the blaze under control within 15-20 minutes.
Two Supreme Court lawyers, Barrister Niaz Muhammad Mahbub and Barrister Shahida Sultana Shila, on May 30 in 2020 filed the first writ petition seeking HC directives for cancellation of the license of United Hospital and compensation for one victim family. Later more two writ petitions were filed over the same ground.
Earlier on July 15 in 2020, a virtual High Court bench ordered the United Hospital to pay four victim families Tk 30 lakh each in 15 days as initial compensation.
But on 21 July the Appellate Division of the Supreme Court stayed the High Court order and on August 20 the apex court asked the parties to submit the petitions in a regular High Court bench. As per the order, the petitioners submitted the petitions in the High Court bench.
The Appellate Division of the Supreme Court on Sunday stayed a High Court order for eight weeks that asked the United Hospital authorities to pay four victim families Tk 30 lakh each within 15 days as initial compensation against death of their family members in a fire incident in the hospital.
The Chamber Judge of the Appellate Division Justice Md Nuruzzaman
passed the order after hearing on a petition filed by the Hospital authorities challenging the High Court order.
Barrister Mustafizur Rahman Khan appeared in the hearing on behalf of the United Hospital, while Barrister Aneeq R Haque, Barrister Hasan MS Azim, Barrister Niaz Mahmud and others appeared for the petitioners.
Mustafizur Rahman said, “The High Court recently issued a ruling regarding the compensation. Besides, the court asked the hospital to pay an amount as initial compensation. I have been asked to pay the compensation before final hearing on the rule, which means the rule has become absolute.”
The lawyer also said, “Here the petitioners are the members of the victim families. We have a question as whether a private party has the scope to file a writ petition against another private party.”
“According to the Fatal Accidents Act, 1855, if an accidental death occurs, those who are the victims of that death have the scope to file cases sue for compensation. They will have to file a civil case in the lower court,” said the lawyer.
Earlier on January 11, the High Court bench of Justice JBM Hassan and Justice Md Khairul Alam asked the United Hospital authorities to pay the compensation.
The court also issued a rule asking the United Hospital authorities to explain in four weeks as to why they should not be directed to pay four victim families Tk 15 crore each as compensation over the damages and death of their family members in the fire incident.
In the ruling the High Court also wanted to know from the respondents to explain as to why the license of the United Hospital should not be cancelled for their negligence.
A devastating fire, which started from an air-conditioning unit in one of the four rooms there, killed five patients, who could not get up and escape, on May 27 night last year.
The five patients who were killed in the fire incident were Riazul Alam, 45, Khodeza Begum, 70, Bherun Anthony Paul, 74, Md Monir Hossain, 75, and Md Mahabub, 50, said a United Hospital statement.
They were undergoing treatment with Covid-19 like symptoms at the isolation ward outside the main hospital building, said the statement. Later, the fire service was informed immediately who brought the blaze under control within 15-20 minutes.
Two Supreme Court lawyers, Barrister Niaz Muhammad Mahbub and Barrister Shahida Sultana Shila, on May 30 in 2020 filed the first writ petition seeking HC directives for cancellation of the license of United Hospital and compensation for one victim family. Later more two writ petitions were filed over the same ground.
Earlier on July 15 in 2020, a virtual High Court bench ordered the United Hospital to pay four victim families Tk 30 lakh each in 15 days as initial compensation.
But on 21 July the Appellate Division of the Supreme Court stayed the High Court order and on August 20 the apex court asked the parties to submit the petitions in a regular High Court bench. As per the order, the petitioners submitted the petitions in the High Court bench.
