KAMLI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This second appeal was admitted on 7/7/2000, on the following substantial question of law :- Whether the principle of negligence on the part of the doctor conducting the tubectomy operation of the plaintiff has been misconstrued, misapplied by the learned first appellate Court while accepting the appeal."

(2.) Heard and gone through the record.

(3.) Precisely the facts can be summed up thus. The plaintiff appellant was married to Shri Khushal Singh, resident of Roonj, Tehsil Sadar, District Mandi, H. P. During this marriage, she was blessed with two issues, i.e. one male and another female. Thus she decided not to have any other child, as such opted to undergo the tubectomy operation, which was got done in a family planning camp, organised by the respondent State on 31st January, 1987 in village Katindi, but despite that she got impregnated and gave birth to a female child on 2nd August, 1989. Thereafter, she served a notice upon the respondent, for recovery of Rs. 50,000/- for the failure of the operation and filed a suit as a forma pauperis, for damages for the alleged gross negligence of the Medical Officer holding State Government vicariously liable.