BALBIR SINGH Vs. SAVITA LUTHRA

JUDGEMENT

(1.) THIS is an appeal against the order dated 6.2.2004 passed by the District Forum, Dehra Dun whereby the complaint of the complainant for compensation on the failure of sterilization operation of his wife was dismissed.

(2.) THE facts of the case are admitted except the quantum of fee. According to the complainant, he paid a sum of Rs. 15,000/ - as fee for the operation of his wife, while the doctor has admitted that she has taken fee of Rs. 3,000/ - but the operation on 8.1.1999 is admitted. It is admitted that the complainant s wife has remained hospitalized in the nursing home of the opposite party from 7.1.1999 to 11.1.1999. According to the complainant after the operation there was a guarantee that his wife shall not give birth to any child in future but on 10.3.2001, the wife of the complainant gave birth to a female child. This was due to the negligence of the doctor in the operation. The complainant claimed compensation on various grounds from the doctor as given in the complaint.

(3.) THE doctor has alleged that there is absolutely no cent percent guarantee in these matters and even in best operations, there are chances of failures.