SHAKUNTALA DEVI AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
WRIC/16040/2025 · 2025-05-26
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 60343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60343 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89958-DB Court No. - 39 Case :- WRIT - C No. - 16040 of 2025 Petitioner :- Shakuntala Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pande Priti Premshankar,Som Pal Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Som Pal Kashyap, learned advocate appears on behalf of petitioners and submits, husband of petitioner no. 1 died by snake bite. For obtaining consideration of their claim for compensation, petitioners had earlier approached this Court. Co- ordinate Bench on order dated 7th March, 2025 directed the District Magistrate to consider the claim.
2. He submits, the facts are, on 17th July, 2024 the victim suffered snake bite. The victim stood admitted to Rohilkhand Medical College and Hospital in Pilibhit. He draws attention to tax invoice dated 19th July, 2024 for purchase of anti snake vaccine. Final diagnosis given by the hospital, is 'snake bite (Neurotoxic)'. In spite of such documentary evidence, the District Review Committee, through the District Magistrate (DRC) rejected the claim on order dated 22nd April, 2025. He seeks interference.
3. Mr. Raj Mohan Upadhyay, learned advocate, Additional Chief Standing Counsel appears on behalf of State and refers to the post mortem examination report. He submits, there is no ante mortem injury present on body reported. Furthermore, cause has been given as septicemia due to pre existing lungs and kidney diseases. As such there be no interference.
4. Death happened on 13th August, 2024 while the snake bite, as appears from the document, happened on 19th July, 2024. We have material before us showing the victim was admitted in the hospital and that the final diagnosis given was snake
bite. Existence of pre existing lungs and kidney diseases in a person is not a deterrent against snake bite. Statement of final diagnosis given by the hospital on report is reproduced below:-
"Final diagnosis : Snake bite (neurotoxic) ? Kratt bite (post CPR) with aspiratio pneumonia with grade 1 bedsore."
5. Impugned order is set aside and quashed. Respondent no. 2 is directed to cause payment of the compensation under the scheme, to petitioners.
6. The writ petition is disposed of. Order Date :- 27.5.2025 Shiraz (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad