FAKRUNNISHA ABUMIYA Vs. STATE OF GUJARAT AND ORS

JUDGEMENT

(1.) THE appellantoriginal plaintiff filed Special Civil Suit No. 12/1991 in the Court of learned Civil Judge (S.D.), Junagadh claiming compensation of Rs. 95000/, i.e. Rs. 80,000/towards maintenance of the newly borne child, Rs. 10,000/towards mental agony and Rs. 5,000/towards diets and medical expenses, incurred on account of the alleged negligence on the part of the Doctor who performed family planning operation on the plaintiffappellant.

(2.) THE brief facts of the case are thus:

(3.) ON behalf of defendant No.1, Written Statement Exh.50 was filed denying all the assertions made by the plaintiff in the plaint. It was contended in the written statement that neither any Medical Officer or staff of the Hospital had persuaded the plaintiff for undergoing family planning operation, nor any assurance was given to her.