SONAU RAM SURYAVANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD. The petitioners have filed this petition claiming compensation and maintenance of fourth child, who was born on failure of family planning sterilization operation, undergone by the petitioner No. 2.

(2.) LEARNED Counsel appearing for the petitioners submits that the petitioner No. 1 (Sonau Ram Suryavanshi) is husband and the petitioner No. 2 (Smt.Chameli Suryavanshi) is wife. They were having three male children when the petitioner No. 2 had undergone family planning sterilization operation on 23-12-1994 (Annexure P-1) at the Primary Health Center, Block Pamgarh, District Janjgir Champa. After six months of the operation, the petitioner No. 2 conceived and she gave birth to a female child on 20-11-2000 (Annexure P-2). LEARNED Counsel submits that since it was a case of negligence on the part of the concerned doctor, the respondents/State is under an obligation to grant compensation to the petitioners and maintenance of the fourth child namely Kavit Kumari.