STATE OF CHHATTISGARH THOUGH SECRETARY, PUBLIC HEALTH & FAMILY WELFARE DEPARTMENT Vs. COLLECTOR, KORBA DISTRICT KORBA

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dated 28.02.2004 passed by Second Additional District Judge (FTC), Korba (CG) in a Civil Suit No.1B/2004 wherein the said Court decreed the suit filed by the respondent/plaintiff for compensation partially to the tune of Rs.78,000/- with interest.

(2.) The respondent/plaintiff preferred a suit for damages against the appellants/defendants to the tune of Rs.4,02,000/- on 23.7.1999. As per the respondent, the suit was to the effect that she got her Laparoscopic Tubectomy (Family Planning) operation conducted in the Primary Health Centre, Korba on 13.12.1991. It was stated that in the year 1998, the respondent/plaintiff was astonished to learn that she had again conceived in spite of her earlier operation as mentioned above and subsequently delivered a child on 30.7.1998. It was stated that the failure of her family planning operation was on account of negligence of the concerned doctor who had operated her. The appellants/ defendants contested the claim on various grounds. The respondent/plaintiff filed cross-objection/appeal under Order 41 Rule 22 of CPC for awarding the amount as per the claim in the suit filed before the trial Court.

(3.) Learned counsel for the appellants submits as under: