STATE OF HARYANA AND ORS. Vs. SUDESH

JUDGEMENT

(1.) THIS is defendant's Regular Second Appeal challenging the judgment and decree of the Lower Appellate Court whereby the appeal filed by the plaintiff -respondent has been accepted and suit of the plaintiff -respondent has been decreed with costs and it has been held that the respondent is entitled for damages of Rs. 1 lac from the defendants -appellants.

(2.) BRIEFLY stated, the case of the plaintiff -respondent is that she was married with one Ranbir Singh. After begetting third child, she got done tubectomy operation by the doctors of General Hospital, Rohtak on 25.02.1992. A certificate was also issued bearing serial No. 2801 dated 25.02.1992, in this regard. On feeling severe abdominal pain and no menstruation, she got herself medically examined by the doctors of General Hospital, Rohtak on 2.11.2000 and it was found that due to defective operation, the plaintiff has become pregnant. Thus, the plaintiff had conceived a child in spite of the fact that she undertook a major family planning operation. She gave birth to a female child namely Jyoti, on 17.11.2000. It is further the case of the plaintiff -respondent that the newly born child is the outcome of the negligence of the doctors of General Hospital, Rohtak. She has claimed damages to the tune of Rs. 4,29,000/ - for economic and financial loss for this unwanted female child.

(3.) AFTER considering the evidence on record and hearing the parties, the trial Court dismissed the suit filed by the plaintiff -respondent. However, appeal filed by the plaintiff -respondent was accepted by the Additional District Judge, Rohtak, vide impugned judgment and decree dated 25.09.2008.