STATE OF MADHYA PRADESH Vs. SUNDARI BAI

JUDGEMENT

(1.) This is first appeal under Section 96, C.P.C. by defendant No. 2 State of Madhya Pradesh against the judgment and decree by which compensation of Rs. 50,000/- has been awarded to the plaintiff for "failure of sterilisation".

(2.) It is no longer in dispute that plaintiff Sundaribai had two sons. At the time of the birth of second son on 27-8-1980 she got her "sterilisation" done so that there is no further pregnancy. The operation was performed by defendant No. 1 Dr. R. Rathore, Assistant Surgeon, Ashta in the Government hospital "by litigation method". She conceived again in the year 1986 and gave birth to a female child on 8-12-1986.

(3.) The plaintiff 's case is that she is a poor and illiterated lady.She was told by the lady doctor that she would not have any further pregnancy. According to the plaintiff the defendant No. 1 acted neligently in performing the tubectomy operation. She claimed Rs. 50,000/- as compensation for "failed sterilisation" for expenses incurred in the delivery, for rearing the female child and her marriage, against the doctor and the State Government.