RADHA UJJAINKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is preferred by the plaintiff/appellant against the judgment and decree dated 17-10-2003 passed by X Additional District Judge, Gwalior in civil Suit No. 6b/03; whereby, the suit of the plaintiff/appellant for recovery of damages to the tune of Rs. 9. 16 lac with interest @ 15% per annum from the date of filing of suit on the ground of negligence in operation of MTP and LTT (Tubectomy) conducted by respondent No. 3 Dr. P. Jain was dismissed.

(2.) THE undisputed facts of the case are that LTT and MTP operations of the plaintiff/appellant were conducted by respondent No. 3 Dr. Smt. P. Jain on 19-04-2000 at Kamlaraja Hospital, Gwalior.

(3.) BRIEF facts of the case are that appellant/plaintiff had already three children and she did not wish to have any more issue as they were not in a position to bear the burden of any additional issue. Appellant, therefore, gave her consent for LTT operation. LTT operation was conducted by respondent no. 3 on 19-4-00 and a certificate to that effect was also issued in favour of the plaintiff/appellant and she was made to believe that her LTT operation is successful. At the time of LTT operation, appellant was pregnant and her MTP (medical termination of pregnancy) was also conducted by the respondent No. 3. In the month of July, 2000, the plaintiff felt pains, therefore, she got herself examined by respondent No. 3. Respondent No. 3 advised her for Sonography and in Sonography it was revealed that the plaintiff was carrying a fetus of 6 months one week. When respondent No. 3 did not give satisfactory reply regarding carriage, the appellant requested for termination of pregnancy but the respondent no. 3 refused on the anvil of poor physical condition of the plaintiff. Thereafter, on 16-11-2000 the plaintiff gave birth to a female child. Thus, the appellant instituted a suit for recovery of damages against the respondents jointly and severally on account of her negligence while performing the LTT and MTP operations.