RAJ KUMARI Vs. UNION OFINDIA

JUDGEMENT

(1.) THE petitioner has filed the present petition, inter alia, praying that the respondents be directed to pay a sum of Rs. 10,00,000/ - to the petitioner as compensation for upbringing the child born to the petitioner after the birth control operation performed at Sucheta Kriplani Hospital.

(2.) THE petitioner had two issues and was not desirous of bearing more children. Accordingly, the petitioner had approached respondent no.2 (hereinafter referred to as the 'Hospital') for a Tubectomy operation. The petitioner was admitted to the hospital on 24.03.2002 and underwent a tubectomy operation. Apparently, the said operation was not successful and the petitioner conceived in June -July 2006. As the petitioner decided not to opt for termination of her pregnancy, the petitioner was blessed with a female baby on 28.04.2007.

(3.) ALTHOUGH it is contended that the attending doctors were negligent and responsible for the failure of the tubectomy operation, there is no material on record that would establish that the doctors were negligent or justify this view. The consent form, concededly, signed by the petitioner, clearly mentions that there is a possibility of failure of the operation and expressly records that the doctors/surgeons or institution would not be held responsible for the same. The consent form also provides that the petitioner would report to the institution or doctor/surgeon, if petitioner's menstrual period became irregular. Thus, the petitioner was fully aware of the possibility of the tubectomy operation being unsuccessful.