SENIOR MEDICAL OFFICER GOVERNMENT HOSPITAL Vs. AYAMMAL

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the Judgement and Decree, dated 17.08.2005, made in A.S.No.84 of 2004, on the file of the Subordinate Court, Tiruvarur, confirming the Judgment and decree, dated 08.04.2004, made in O.S.No.73 of 2004, on the file of the District Munsif Court, Mannargudi.

(2.) THE defendants in the suit, in O.S.No.73 of 2004, on the file of District Munsif Court, Mannargudi, are the appellants in the present Second Appeal. THE plaintiff in the said suit is the respondent herein. THE plaintiff had filed the suit, in O.S.No.73 of 2004, praying for damages, for having conceived and for having given birth to a female child, on 22.03.2000, inspite of tubectomy operation having been performed on her, on 27.11.1995. THE plaintiff had stated that she had given birth to four children out of the wedlock with her husband, Chellayan. In view of the general request made by the Government of Tamilnadu, through the media and by other means, requesting the persons to undergo family planning operation, the plaintiff had undergone tubectomy operation, on 27.11.1995, at the Government hospital, Mannargudi. However, the plaintiff had conceived once again and she had given birth to a female child, on 22.03.2000. In such circumstances, the plaintiff had filed the suit, in O.S.No.73 of 2004.

(3.) BASED on the evidence available on record, the trial Court had come to the conclusion that, eventhough the plaintiff had signed the consent form for undergoing the operation with the knowledge that there was some chances of failure in the process, she cannot be imputed with the knowledge of such information, as she was an illiterate woman. It had also been held that there is no dispute that the plaintiff had given birth to a female child, on 22.03.2000, inspite of the tubectomy operation having being performed by the fourth defendant ,on 27.11.1995.