RADHESHYAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of FA. Nos. 437/97, 187/04, 210/07 and 458/07 and FA. Nos. 205/02, 227/03, 416/04, 352/05, 684/05, 146/06, 210/06 and 489/06 as in all the aforesaid appeals compensation has been claimed on, account of failure of Tubectomy Operation either on account of death of the woman, who was operated or the operated women has given birth after the operation. Thus, in all the suits compensation has been claimed on account of medical negligency. Since a common question of law is involved in all the appeals, therefore, all the appeals are being decided by one judgment. However in all the suits, the claimants are different and the judgment has also been passed by different-different courts. FA. Nos. 437/97, 187/04, 685/06, 210/07, 458/07 are filed by the appellants / claimants by dis-satisfying the judgment and decree passed by the learned Court below whereby either the suit filed by the appellant for compensation has been dismissed or amount awarded is inadequate. While FA. Nos. 205/02, 227/03, 416/04, 352/05, 684/05, 146/06, 210/06 and 489/06 are being filed by the State by dissatisfying the decree passed by the learned Court below whereby compensation has been awarded on account of medical negligency. FA. Nos. 227/03 and 187/04 are being filed by both the parties by dissatisfying the judgment and decree dated 16/01/03 passed in Civil Suit No. 9-B/02.

(2.) FULL and complete particulars of all the cases are shown in the statement mentioned hereinbelow:- <FRM>JUDGEMENT_1031_ILR(MP)_2009Html1.htm</FRM>

(3.) FACTS of each case are as under:-