Madras High Court said that whenever loss to the state occurred due to negligence act of the public servant, then recovery should be done from them

Madras High Court

In this case while hearing the civil revision petition of the petitioner, court said that whenever there is loss occurred to the state due the act of negligence of the public servant  then the financial loss should be recovered from them. The case The Dean, Government Medical College Hospital V/S Vijayalakshmi.[ CRP SR No.146353 of 2022 and CMP No.22737 of 2022][(Mad) 520 of 2022]. The case was presided by THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM.

Facts of the cases

  1. A women in 2015 instituted a suit against hospital claiming compensation for medical negligence after an erroneous surgery left her totally blind. She was also able to prove the medical negligence. So, the Sub-court Thiruvar granted her a compensation Rs.5 lakh as compensation and directed the hospital to give her the amount within 3 months.
  2. Thereafter, she initiated the execution petition and after 5 years he get passed in September 2022 attaching the movables in offices of the revision petitioners.
  3. The order was challenged before Madras High Court. The main contention of the revised petition was that the order of attachment will cause inconvenience to the public institution.


The court said that victim cannot be made to run behind the pillar to post the realisation of her compensation amount, which was granted by the court. The court after observing that when public officials commit an act of negligence, lapses or dereliction of duty, the financial loss caused to the state exchequer is to be recovered from such public servants. The court ordered the revision petitioner to pay the amount to the victim before 10 January.

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