Calcutta High Court Orders State to Pay Rs 5 Lakh for Eye Surgery Negligence
Times of India | 4 September 2026
Kolkata: “Right to life and livelihood includes right to live with dignity and enjoy good health; state liable for hospital’s action,” Calcutta High Court on Wednesday held, granting Rs 5 lakh compensation — payable by the state — to a man who lost sight in his left eye after undergoing cataract surgery in a Garden Reach govt hospital. “We are of the opinion that the risks which the hospital had taken to perform the surgeries on the poor citizens demonstrates rash and negligent actions,” the division bench held.
Gobinda Chandra Debnath was electrician by profession. A sole earner of his family, he underwent ‘left-eye small incision cataract surgery’ at Garden Reach State General and Metiabruz Superspeciality Hospital on June 28, 2024. Along with Debnath 43 others had undergone surgery at the state hospital, out of which 22, including Debnath, developed post surgery complications.
While the single judge of Calcutta High Court had recorded that the Director of the Regional Institute of Ophthalmology, Kolkata had admitted that the unfortunate incident was either due to contamination and presence of micro-organisms in the operative devices or in the solutions or for a faulty method of sterilization of the instruments, Debnath was directed to approach appropriate forum for seeking compensation/damages.”
In the judgment on victim’s appeal against the single judge order, the division bench of justices Shampa Sarkar and Arjun Ray Mukherjee held: “The principle on which we can award compensation without referring the appellant to the civil forum is based on a public law remedy. The principle of strict liability for violation of the fundamental right of the appellant is applicable. Right to life and livelihood includes right to live with dignity and enjoy good health. Good quality of life is embedded in right to life. Loss of eye sight has affected the quality of the life of the appellant. The State has a vicarious liability for the actions of the hospital.”