STATE OF MADHYA PRADESH Vs. SMT. PUSHPA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 96 of CPC, being aggrieved with judgment and decree dated 15.05.2003 passed by 10th Additional Judge, (Fast Track Court) Gwalior in Civil Suit No.10-B/2003, whereby the suit preferred by the respondent for awarding the compensation has been partly decreed.

(2.) Brief facts of the case are that the respondent/plaintiff filed a civil suit pleading that she was having two sons. She consulted Dr. Smt Pradeep Saxena who advised her to undergo sterilization operation. On her advise the respondent/plaintiff was operated on 26.05.1999 at Government Hospital, Fort Road, Gwalior. Certificate has been issued in favour of the plaintiff. It is further pleaded that the respondent/plaintiff has undergone operation because her husband is receiving salary which is not enough to maintain her two sons. It is further pleaded that due to negligence of doctor in the operation, she suspected that she is pregnant then again she consulted doctor on 10.06.1999. On 13.10.1999 when she had gone for checkup it was found that she is pregnant. It is further pleaded that on 10.05.2000 the respondent/plaintiff gave birth to a male child. The respondent/plaintiff suffered physical and mental agony to have a third issue because she was already having two male issue and she would have to bear the expenses of third issue. The respondent/plaintiff is a poor lady and her husband income is very low hence it is very difficult to maintain third child. Respondent/plaintiff gave a notice under Sec. 80 of Civil Procedure Code for the payment of compensation of Rs.1,50,000.00. Thereafter, the suit has been filed claiming compensation of Rs.1,50,000.00.

(3.) The appellants/defendant in their written statement stated that the operation was done with the consent of the respondent/plaintiff. It is further stated that respondent/plaintiff was well aware that there is a possibility of failure of operation and if it is failed then concerning doctor shall not be held responsible. It is further stated that after operation, respondent/plaintiff was advised to have regular checkup but she has not complied with. Appellants/defendant have not committed any negligence, hence, prayed for dismissal of the suit.