PRIMERY HELTH CENTER Vs. RAJ KAUR

JUDGEMENT

(1.) Present Appeal has been filed by the defendants challenging the judgment of the learned First Appellate Court.

(2.) Brief facts of the case are that the plaintiff/respondent had filed a suit for recovery of Rs.5.00 lakh from the defendants on the ground that plaintiff had undergone Tubectomy at the Primary Health Centre, Harpalpur on 14/9/1999, which was conducted by defendant No.1. Despite that plaintiff had become pregnant with twins who were delivered on 2/6/2000 at Neelam Hospital and Maternity Home, Rajpura. It was averred that she had spent Rs.20,000.00 on her delivery and treatment. It was further averred that plaintiff already had 6 children prior to the Tubectomy and now she had 8 children. Therefore, due to the negligence of defendant No.1, life of plaintiff had "become dark and she has become mentally upset, so she is entitled to get Rs.5.00 lacs as compensation from the defendants. It is alleged that the plaintiff has no source of income and future of plaintiff, her children and family has become dark. It is alleged that the plaintiff requested the defendants so many times to pay the compensation amount to the plaintiff but to no effect." Hence, present suit was filed by the plaintiff on 7/8/2014.

(3.) Defence of the appellants was struck off as they failed to file written statement. However, arguments were advanced by the defendants on the basis of material evidence available on record.