STATE OF HARYANA Vs. SAMSUN NISHA

JUDGEMENT

(1.) THE defendants are in appeal against the judgment and decree of the 1st Appellate Court by which suit filed by the plaintiff for recovery of damages of Rs. 2 lacs has been allowed. The question of law raised by learned counsel for the appellant is "whether the plaintiff is entitled to damages on the failure of tubectomy operation, if there is no evidence available on record proving the negligence of the Doctor -

(2.) THE plaintiff's case is that she had undergone a tubectomy operation on 17.12.1990 at Red Cross Bhawan, GT, Road, Panipat. She was motivated for it by Naresh A.N.M. but the operation remained unsuccessful and the plaintiff delivered a baby.

(3.) ON the pleadings of the parties, following issues were framed: -