DISTRICT COLLECTOR Vs. SARASWATHI

JUDGEMENT

(1.) The defendants are the appellants herein. Challenging the judgment and decree rendered in O.S.No.27 of 1999, on the file of Principal Sub Court, Kumbakonam, as confirmed in A.S.No.66 of 2004, on the file of the Principal District Court, Thanjavur, the appellants have filed the present Second Appeal.

(2.) At the time of admission, the following substantial questions of law have been framed:

(3.) The suit was filed by the respondent herein, claiming damages for a sum of Rs.3,00,000/- for the negligence committed by a Medical Officer in performing the family planning operation, the failure of which has resulted in the respondent's begetting two girl children. It is the case of the respondent that she was married to one R.Murugan in the year 1985. The respondent is a house wife and she gave birth to two children. After the birth of the second child, she was admitted to the 2nd defendant Government Hospital on 04.01.1989 for the purpose of a family planning operation. The operation was done on 05.01.1989 by the doctors attached to the second respondent hospital. After the operation was done successfully, she was discharged.