SANTOSH Vs. DIRECTOR HEALTH CHANDIGARH

JUDGEMENT

(1.) This plaintiffs appeal is directed against the judgment and decree dated 16.11.2006 passed by the Additional District Judge, Narnaul, whereby he accepted the appeal preferred by the defendants, set aside the judgment and decree dated 5.8.2004 of Civil Judge (Junior Division), Mohindergarh and dismissed the suit. For the sake of convenience, the parties will be referred to as arrayed in the suit.

(2.) The plaintiff is married with Suresh Kumar. She has four children. On motivation given by the defendants, she had got herself sterilized at CHC, Mohindergarh on 10.11.1997 by defendant No. 3. Due to negligence of defendants, the plaintiff got pregnant and gave birth to a female child on 4.2.2000. It was pleaded that she was a poor lady and due to incompetence and negligence of defendants, she was burdened with additional girl child. Hence, suit for damages.

(3.) The defendant resisted the suit and filed written statement. It has been, inter alia, averred that plaintiff was not assured that there was no failure rate of the operation. She herself consented to the same. Competent doctor carefully conducted the sterilization operation and child was not born due to any negligence of the doctor. Further, plaintiff could get the pregnancy terminated when she came to know about her conception.