ADIDA BEGUM Vs. STATE OF H P

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 27th October, 1995 passed by the District Judge, Sirmaur at nahan in Civil Appeal No. 32-N/13 of 1995/1992 titled as Abida Begum v. The Secretary (Health) to the Govemment of H. P. and another, upholding the judgment and decree dated 1st september, 1992 passed by the Senior Sub judge, Sirmaur at Nahan.

(2.) FOR the purposes of convenience, the appellant hereinafter is referred to as the 'plaintiff and the re respondents are referred to as the 'defendants'.

(3.) PLAINTIFF filed a suit damages for a sum of Rs. 2 lacs for failure of the leproscopic operation carried out by the functionaries of the State. On 12th March, 1984, the plaintiff underwenta leproscopic operation atthe District hospital of the State of HP. at Nahan. Despite the same, she conceived and delivered a child on 5th October, 1985 and again conceived and delivered a child on 13th December, 1987. She once again got herself operated fortubectomy operation on 18th January, 1988. The suit was filed alleging negligence on the part of the doctors and employees of the Medical department of the State of Himachal Pradesh.