RAMBHA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction to the respondents to make payment of Rs. 2,00,000/-, as compensation for maintenance of her children, who were born on failure of family planning sterilization operation undergone by the petitioner.

(2.) Learned counsel appearing for the petitioner submits that on 11.09.1995, the petitioner had undergone family planning sterilization operation, as is evident from Annexure-A at Primary Health Center, Gujara. Thereafter, on 19.02.1999 (Annexure B), she gave birth to a male child and again on 18.03.2002 (Annexure C), she gave birth to a female child.

(3.) According to the petitioner, before the family planning operation, she was already having five children (3 male & 2 female). Learned counsel further submits that since it was a case of negligent on the part of the concerned Doctors, the respondent State is under an obligation to grant compensation to the petitioner and maintenance of the children, who were born after performing the family planning sterilization operation.