STATE OF HARYANA Vs. AMRAWATI

JUDGEMENT

(1.) STATE of Haryana and others are in second appeal against the judgment and decree passed by the Courts below whereby suit of the plaintiff for compensation has been decreed.

(2.) THE plaintiff filed a suit for compensation on account of medical negligence of defendant No. 3 as she gave birth to an unwanted child on account of failure of sterilization operation. It is averred in the plaint that the plaintiff had underwent tubectomy operation on 23.3.1992 at Civil Hospital, Panipat. Defendant No. 3 negligently conducted operation upon the plaintiff which led to the birth of a male child for which compensation of Rs. 3 lacs was claimed. The suit was contested by defendants No. 1, 2 and 3 through separate written statements. The operation was admitted however, negligence was denied. It was rather contended in para 12 of the written statement filed by defendant No. 3 that the plaintiff had given in writing before the operation that in case of failure of operation neither she nor her relatives will sue the Doctor, Paramedical Staff or the Government. It was also pleaded that no family planning method is permanent as per medical science and chances of reunion and failure of every method is reported in various medical books. In the written statement filed by defendants No. 1 and 2, it was pleaded that the plaintiff had herself given her consent for the operation and defendant No. 3, who is a well-qualified Surgeon, had already performed thousands of such operations. The said defendants also denied the negligence as alleged by the plaintiff. In the replication filed by the plaintiff to the written statement of defendant No. 3, para No. 12 has been vaguely replied and it has not been specifically denied that she had not given in writing that in case of failure of operation she or her relatives will not sue the Doctors etc.

(3.) THE trial Court relying upon a decision of Hon'ble the Apex Court in the case of State of Haryana and others v. Smt. Santra, 2000(2) RCR(Civil) 739 : AIR 2000 Supreme Court 1888 held that the plaintiff is entitled to damages to the tune of Rs. 1,00,000/- and decreed the suit as such vide its judgment and decree dated 2.3.2002.