KANTO Vs. PRIMARY HEALTH CENTRE

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 17.7.2009 passed by the Additional District Judge, Jalandhar (hereinafter referred to as 'the first appellate Court') vide which the judgment and decree dated 21.8.2006 of the Civil Judge (Junior Division), Nakodar (described hereinafter as 'the trial Court') were set aside. Since it is barred by limitation, C.M.No.303-C of 2010 has been moved for condonation of 106 days' delay in its filing. The plaintiff-appellant filed a suit against the defendants- respondents for recovery of damages to the tune of Rs.2,00,000/- on the ground that she had got herself operated for tubectomy on 22.8.1995,but despite this operation, she conceived a child. It was pleaded that the doctors of the respondents were negligent in performing the operation and, therefore, they be directed to pay the damages as claimed. Upon notice, the respondents appeared and filed written statement pleading that there was no negligence on the part of their doctors. It was averred that before operation, a consent memorandum was obtained from the appellant, the contents of which were explained to her in which it was written that there were chances of the operation not being successful and that in such an eventuality, the doctors will not be liable. It was further averred that according to bed-head ticket, all these things were explained to the appellant and her motivator and both of them had signed the same. The respondents denied their liability to pay any damages. The parties went to trial on the following issues:-

(2.) After appraisal of the entire evidence on record, the trial Court partly decreed the suit of the appellant with costs and awarded a sum of Rs.30,000/- as damages to her.

(3.) Feeling aggrieved, the respondents filed an appeal which was accepted by the first appellate Court. It was concluded by the said Court that the negligence of the doctors was not proved and consequently, the respondent could not be burdened with any damages. Hence, this appeal by the appellant.