NATWARLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal by the plaintiffs is directed against the judgment and decree dated 29-11-1994 passed by the IIIrd Additional District Judge, Ratlam, in Civil Suit No. 6-A/1993, by which the suit of the appellants for recovery of damages in the sum of Rs. 3,10,200/- has been dismissed.

(2.) As per the plaintiff allegations, Kantabai (P.W. 2) was married to Govind about 15-16 years ago and through this marriage they had four issues. On account of paucity of funds available with them, they agreed to sterilization of the plaintiff No. 2-Kantabai on assurance of Dr. Kamal Bohra (P.W. 5) that after operation she will never conceive. However, the operation failed and she conceived and gave birth to plaintiff No. 1 - Natwarlal. It was in this context that she claimed damages in the sum of Rs. 3,10,200/-.

(3.) The defendants traversed the plaint averments and stated that no inducement was given to the plaintiff No. 2 and she had voluntarily come for the sterilisation and after the operation she was advised to come to the Hospital for examination from time to time. It was also stated that in performing the operation for sterilisation there was no negligence of Dr. Kamal Bohra (P.W. 5).