LAXMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant filed a suit for recovery of damages alleging that she was operated upon for tubectomy on 14.12.1982 but she gave birth to a male child in the year 1986. She was again operated upon on 28.12.1986 at the Civil Hospital, Rohtak but in spite of this, she gave birth to another male child on 22.6.1996.

(2.) The suit was contested, inter alia, on the plea that as per international and national literature, chances of failure of tubectomy operation are not ruled out. Birth of a child by itself did not amount to negligence.

(3.) The trial court decreed the suit but on appeal, finding of the trial court was reversed and the suit was dismissed. Reliance was placed on the evidence of R.S. Yadav, DW 3, who performed the tubectomy operation and stated that he had taken all precautions while performing the operation and he was duly qualified. Reliance was also placed on the evidence of Dr. R.K. Chaudhary, DW 1, who performed the second operation and stated that he had taken all precautions while performing the operation and he was duly qualified. Decision of the Apex Court in State of Haryana v. Santra, 2000 ACJ 1188 (SC) and the judgments of this court in Punjab State v. Surinder Kaur, 2001 ACJ 1266 (P&H) and Ram Kali v. State of Haryana, 2003 ACJ 752 (P&H), were distinguished on the ground that in the present case, pregnancy was not on account of negligence in performing the operation. Hence this appeal.