Kasaragod: Mallakkara Kamalakshi is 75 years old today and inching towards total darkness. Twenty-eight years ago in 1995, when she was 47, her left eye had to be surgically removed because of medical negligence at Kasaragod District Hospital where she underwent cataract surgery.
Though the Hosdurg subordinate court in Kanhangad ordered the state government to give her Rs 2.30 lakh as compensation, the Pinarayi Vijayan-led government is fighting the order tooth and nail, but at leisure.
The Hosdurg sub-court's decree came after 24 years in 2018. The LDF government took another two years to appeal against the order in the High Court of Kerala. The High Court took three years to dismiss the appeal of the government in January 2023.
But instead of paying the compensation, the government has given the sub-court a Tata Spacio of the Health Department to sell and recover the money for Kamalakshi. The 10-seater SUV is 19 years and four months old, and according to the Union government's new vehicle policy, it cannot be re-registered. Its insurance policy expired in May 2023.
"The sub-court has directed the RTO to find its valuation and submit a report before August 21," said Kamalakshi's advocate Manoj Kumar K. "But I don't think the car will fetch the money required to compensate Kamalakshi, if at all there are any takers for it," he said.
If that is the case, he said he will ask the court to impound the tehsildar's car. After calculating the interest till March this year, the government owes her Rs 7.44 lakh, he said.
Kamalakshi had given the brief originally to Kumar's father Adv K Purushottaman, a former CPM MLA from Udma. Adv Kumar took over the case after his father died in 2014.
Kamalakshi said her right eye was also losing vision now. "I can barely see even with the specs. I don't know how long I will have to wait for justice," she said.
In the 28 years, Kerala has seen seven governments and five chief ministers -- from A K Antony to Pinarayi Vijayan.
The long dark legal tunnel
In 1995, Kamalakshi was a cook at Islamia Aided Lower Primary School at Kadangod in Kasaragod's Cheruvathur panchayat. Cataracts had clouded both her eyes, hampering her ability to work.
When the District Hospital in Kanhangad organised an eye testing camp, she attended it, said her brother Mallakkara Karunakaran, who retired as an Excise Preventive Officer.
The then assistant surgeon and eye specialist of the District Hospital Dr Thresiamma performed the cataract surgery on Kamalakshi's right eye on June 8, and on the left eye on June 23, 1995. "I had severe pain in my left eye soon after the surgery," said Kamalakshi.
But the hospital discharged her a week later on June 30, 1995. "The same day we took her to SDM Eye Hospital in Mangalore," said her brother Karunakaran.
The doctors there found out that her left eye was infected by pseudomonas, a bacterial infection.
"The infection came from the operation theatre. Three other patients were also infected but their condition did not deteriorate," said Karunakaran.
Kamalakshi underwent two surgeries at SDM Hospital, where the doctors removed her left eye on July 20. Later, he took her to Kasturba Medical College in Manipal, where she underwent laser surgery to restore the vision in her right eye. "We were exhausted, mentally, physically, and financially," said Karunakaran.
The family decided to move the court seeking compensation from the state government. "We shelled out around Rs 5 lakh on her treatment but decided to make a claim for Rs 3 lakh," he said.
But the Hosdurg Sub-ordinate Court asked them to deposit Rs 30,000 or 10% of the claim to file the suit. "We had to move the high court to get the condition removed," he said. Adv M Sasindran successfully argued for Kamalakshi.
Nearly two years after losing her left eye, her suit against the government was accepted on March 4, 1997. Then E K Nayanar was the Chief Minister.
After 21 years, the Sub-Court disposed of the suit in Kamalakshi's favour on February 28, 2018. By then Pinarayi Vijayan had become the Chief Minister.
The court directed the state government to pay Kamalakshi Rs 2.30 lakh as compensation along with an interest of 8.5% per annum from the date of the suit, that is March 4, 1997, till the date of decree, that is February 28, 2018, which comes to 7,666 days. Thereafter, the government should pay an interest of 6% till it compensates Kamalakshi, the sub-court ruled.
The court had, however, exonerated the eye surgeon, Dr Thresiamma.
The state government appealed against the decree in the District Court. "District Court is not the court of appeal for the sub-court," said Adv Manoj Kumar. So, the petition was dismissed.
Then Kamalakshi moved the Sub-court again seeking execution of its order. That's when the state government moved the High Court.
Adv Kumar said he wrote to the court to secure the vehicle of the Hosdurg Tehsildar as security. "But the government gave the old Tata Spacio," he said.
In the high court, the government said it cannot be blamed for infection in the operation theatre of the District Hospital. "Microorganisms such as pseudomonas can make its entry into the sterilised zone of the operation theatre and the doctor and the hospitals cannot prevent the entry of such organisms and subsequent infections."
"Infection can occur in the most advanced centres despite all precautions," it argued in the High Court.
The State government also told the High Court that Kamalakshi was "only a housewife and the (argument that the) loss of eyesight has affected her earning capacity is not at all true".
Kamalakshi was furious when told about this argument. "I worked in the school as a cook for around 25 years. My daughter Bindu is now working as a cook in the same school. She got the job because I cannot work. I have proof of my employment," she said.
The High Court Judge P Somarajan ignored the state government's arguments. "There is no reason for interference to the computation of compensation and the appeal deserves only a dismissal. I do so," he wrote in his judgment in January this year.
Kamalakshi's advocate Manoj Kumar filed another execution order before the sub-court. But the government has presented the 19-year-old Tata Spacio, which the company discontinued in 2011, before the court. Kamalakshi may have to wait longer for justice.
