Summary
- The Calcutta High Court has declared negligent cataract surgery at a State hospital as a constitutional tort, awarding ₹5 lakh compensation to the affected patient.
- The Court set aside a prior order that directed the appellant to seek compensation from another forum, emphasizing the State's vicarious liability for hospital negligence.
- Justice Shampa Sarkar and Justice Arjun Ray Mukherjee linked the loss of vision to the right to life under Article 21 of the Constitution, highlighting its impact on the appellant's livelihood.
- This ruling underscores the obligation of State hospitals to maintain proper infrastructure and could set a precedent for future claims against government medical negligence.
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