LAL BAHADUR SHASTRI HOSPITAL Vs. DAYA

JUDGEMENT

(1.) This Intra-Court Appeal challenges the judgment dated 29 th November, 2011 of a Learned Single Judge of this Court allowing W.P.(C) No.15854/2006 preferred by the respondents and directing the appellant Hospital to pay a sum of Rs.2 lac by way of compensation to the respondents/writ petitioners.

(2.) The writ petition was filed claiming total compensation of Rs.9 lacs. It was the case of the respondents/writ petitioners (with the respondent no.1 being the wife of the respondent no.2) that the respondent no.1 had undergone sterilization operation on 13 th March, 2003 at the appellant Hospital and the respondents were assured that they no longer required any family planning method; however the respondent no.1 had still conceived and gave birth to a female child on 23 rd January, 2005. Compensation of Rs.6 lac was sought for upbringing of an unwanted child born due to the sheer negligence of the appellant Hospital and a further deposit of Rs.3 lac in the name of the child was sought for the purposes of her marriage. Paras 6 to 8 of the writ petition are of relevance for the purposes of the present controversy and are as such reproduced herein below as under:-

(3.) The appellant Hospital contested the writ petition and filed a counter affidavit stating that the tubectomy operation undergone by the respondent no.1 has a failure rate of 0.71% in the best of set up and as such no assurance as claimed was meted out to the respondents. It was also pleaded that though no other method of contraception is advised after tubectomy operation but the persons undergoing the said procedure are advised and cautioned of the failure rate and asked to report in case of missed menstrual period. It was pleaded that the respondents were similarly advised. In response to paras 6 to 8 of the petition it was pleaded in the counter affidavit as under:-