STATE OF CHHATTISGARH Vs. TRIVENI BAI

JUDGEMENT

(1.) The instant is a defendant's first appeal by the State Government challenging the impugned judgment and decree dtd. 30/12/2005 passed by the 10th Additional District Judge(FTC), Raipur in Civil Suit No. 1B/2005.

(2.) Vide the impugned judgment and decree the Court below has ordered for payment of Rs.51,000.00 towards compensation to the plaintiff on account of the failure of LTT Operation conducted upon the plaintiff Smt. Triveni Bai. The payment of compensation stands fastened upon the State Government i.e. defendant no.1.

(3.) Brief facts of the case is that at the Primary Health Centre, Chhura Tahsil Gariyaband District Raipur(as it then was) a family planning camp was organized on 9/12/1998 wherein a large number of women belonging to the said locality had undergone the Laparoscopic Tubectomy (Family Planning) Operation in short 'LTT Operation'. The said operation is a surgical sterilization procedure adopted on the willing ladies in order to ensure that they do not have any further child. On the said date i.e. on 9/12/1998 around 77 women had undergone the said family planning operation. One such person was the plaintiff Smt. Triveni Bai w/o Lachchan Yadav.