STATE OF GUJARAT Vs. BAI SUDHA

JUDGEMENT

(1.) This matter was listed before us on 25-1-2002. Mr. Sen, learned A.G.P., argued the same for a considerable time, but he was not having copy of evidence of all the witnesses with him. At his request, we kept it today. Today, Mr. Sen produced before us the relevant material for our consideration.

(2.) Respondent-plaintiff-Bai Sudha filed Special Civil Suit No. 135 of 1996 before the Court of 6th Joint Civil Judge (S.D.), Mehsana claiming compensation of Rs. 1,50,000/- on the ground of failure of family planning operation, which she undergone on 15-2-1992 at Government Dispensary, Vijapur. According to her, her husband is a labourer and she is mother of five children having two sons and three daughters. After undergoing the family planning operation on 15-2-1992, she once again conceived and against her will she gave birth to another male child on 2-9-1994. Therefore, she has filed suit for compensation of Rs. 1,50,000/-.

(3.) In support of her case, she has examined Dr. Rameshbhai Patel, who has stated that plaintiff-Sudhaben had undergone family planning operation. It was T. L. Laproscopy operation. Because of the failure of that operation Sudhaben conceived male child. As per his evidence, when he opened the part of the body, which was operated earlier by Dr. Ramesh Shah, he found that left side tube was intact. There was no ring on either left side or right side of the tubes and because of that family planning operation failed and she conceived. In the instant case, Dr. Ramesh Shah Exh. 57 who performed family planning operation has been examined. He stated that there was no negligence on his part and he had taken sufficient care while doing the family planning operation. According to him, whenever operations are done as per Laproscopic System, then there are always chances of 2-3 operations fail out of 1000. To support his say, he has relied upon 'Tilinday' book. However, he was not able to prove that there was a ring on left side tube after operation was performed.