STATE OF KERALA Vs. P G KUMARI AMMA

JUDGEMENT

(1.) This is yet another case of failed sterilization resulting in an undesired and uninvited pregnancy. State is the Appellant. The State has been mulcted with liability to pay compensation.

(2.) The Plaintiffs, a couple, had three children. They wished to have no more. While so, a Family Planning Programme organized by the State conducted a camp, in which the first Plaintiff took part and underwent sterilization operation on 18-3-1988. A few months thereafter, to her dismay, she became pregnant and delivered a male child on 9-12-1990. The couple sued the State for compensation accusing the doctor who conducted the surgery of negligence in performing the sterilization operation and also for expenses for bringing up of the new born child.

(3.) The State resisted the claim on several grounds. They took the plea of limitation and also that the first Plaintiff had been cautioned that it is not necessary that the sterilization operation should always be successful and there can be cases of failure. Claiming that there was no negligence on the part of the doctor who had performed the operation, they pointed out that the Plaintiffs are not entitled to any relief.