STATE OF M P Vs. RAGHUNATHSINGH JOGDA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 30-8-2006 passed by AD.J, Jobat Distt. Jhabua in Civil Suit No. 2-B/06, whereby suit filed by respondents was allowed and the appellants were directed to pay a sum of Rs. 1,50,000/- along with interest @ 6% P.A., present appeal has been filed.

(2.) Short facts of the case are that the respondents filed a suit against the appellants alleging that deceased Idibai was wife of respondent No. 1 and mother of respondent Nos. 2 to 4 and was resident of village Masni Tehsil Alirajpur District Jhabua. It was alleged that deceased Idibai attended the Primary Health Center, Jobat on 2-12-2002, where family planning camp was arranged by the State Government. It was alleged that the deceased was injected by the Doctor on duty for preparation of her family planning operation. It was alleged that the medicine which was injected was excessive in quantity and was also of expiry date, with the result Idibai became unconscious. It was alleged that she was shifted to District Hospital, Jhabua but in transit she passed away. In the suit it was alleged that because of negligence on the part of medical officers of the State Government, incident took place, therefore, respondents be compensated.

(3.) The suit was contested by the appellants by filing written statement, wherein liability was denied. It was prayed that the suit be dismissed. After framing of issues and recording of evidence learned trial Court decreed the suit in part as stated above, against which present appeal has been filed.