<p>The High Court on Tuesday observed that the state government cannot make a distinction among the patients who died at Chamarajanagar district Covid-19 hospital due to shortage of oxygen.</p>.<p>The state government submitted to the court that it had been decided to pay an ex gratia amount of Rs five lakh to the families of three patients, who died between 10.30 pm and on May 2, 2021 and 2.30 am on May 3, 2021.</p>.<p>The government further submitted that 10 patients who died between 2.21 am and 9 am on May 3, 2021 will be paid to the families of 10 patients, inclusive of Rs 2 lakh already paid.</p>.<p>Advocate General Prabhuling K Navadgi said that insofar as 11 persons who died before 10.30 pm on May 2, 2021, any ex gratia in addition to Rs two lakh already paid will be decided after the findings of Justice B A Patil commission of enquiry submits the report.</p>.<p>A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar said the state government will have to treat the families of the victims equally without making any distinction. The bench said the report of the Karnataka State Legal Services Authority (KSLSA) has highlighted the shortage of oxygen.</p>.<p>“The finding recorded by the committee (KSLSA) is that there was virtually no oxygen available in the hospital till 2.20 am on 3 May 2021. Therefore, it goes without saying that even the 10 patients listed in clause number 2 of the memo were also adversely affected due to lack of oxygen as in the case of 3 patients listed in clause 1. We are therefore of the view that there cannot be a distinction made between those who died between 10.30 pm 2.20 am and those who died between 2.21 am till 9 am on 3 May 2021,” the bench said.</p>
<p>The High Court on Tuesday observed that the state government cannot make a distinction among the patients who died at Chamarajanagar district Covid-19 hospital due to shortage of oxygen.</p>.<p>The state government submitted to the court that it had been decided to pay an ex gratia amount of Rs five lakh to the families of three patients, who died between 10.30 pm and on May 2, 2021 and 2.30 am on May 3, 2021.</p>.<p>The government further submitted that 10 patients who died between 2.21 am and 9 am on May 3, 2021 will be paid to the families of 10 patients, inclusive of Rs 2 lakh already paid.</p>.<p>Advocate General Prabhuling K Navadgi said that insofar as 11 persons who died before 10.30 pm on May 2, 2021, any ex gratia in addition to Rs two lakh already paid will be decided after the findings of Justice B A Patil commission of enquiry submits the report.</p>.<p>A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar said the state government will have to treat the families of the victims equally without making any distinction. The bench said the report of the Karnataka State Legal Services Authority (KSLSA) has highlighted the shortage of oxygen.</p>.<p>“The finding recorded by the committee (KSLSA) is that there was virtually no oxygen available in the hospital till 2.20 am on 3 May 2021. Therefore, it goes without saying that even the 10 patients listed in clause number 2 of the memo were also adversely affected due to lack of oxygen as in the case of 3 patients listed in clause 1. We are therefore of the view that there cannot be a distinction made between those who died between 10.30 pm 2.20 am and those who died between 2.21 am till 9 am on 3 May 2021,” the bench said.</p>
