VIJAYA Vs. COMMISSIONER CORPORATION OF CHENNAI

JUDGEMENT

(1.) The petitioner has prayed for quashing the order of the third respondent dated 01.11.2001 and for a direction to the respondents to pay a sum of Rs.5,00,000/- as compensation.

(2.) The petitioner had undergone tubectomy (Sterilisation Operation) on 22.05.1999 at the Medical Centre, Vadapani Post Partum Project, Corporation of Chennai. However, in spite of such operation, she conceived again. The petitioner has submitted that the operation was performed negligently and therefore, the respondents should be directed to pay compensation and damages to the petitioner. A legal notice was issued by the petitioner on 02.06.2001. Since no reply was received, the petitioner had filed W.P.No.17498 of 2001, which was disposed of on 25.09.2001, directing the first respondent to consider the notice dated 02.06.2001. Thereafter, the present impugned order has been passed rejecting the application on 01.11.2001. Subsequently, a male child was born to the petitioner on 12.11.2001 and thereafter, the petitioner has been again subjected to Sterlisation Operation. It is the case of the petitioner that since the operation had been performed negligently, the respondents are liable to pay the compensation.

(3.) A counter affidavit has been filed on behalf of the respondents, wherein it is stated that the tubectomy operation had been conducted with due care by experienced Medical Officer. It is further stated that the negligence was only on the part of the petitioner, as she had not attended the periodical check ups. It has been further stated that the petitioner is put to strict proof regarding the negligence, allegedly committed by the Doctors. It is also indicated that there is always a possibility of recanalisation after tubectomy and the Medical Officers and the Doctors and the Corporation are not responsible for the failure of the family planning operation.