URMILA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS suit has been instituted by Smt. Urmila Devi against the State for the recovery of a sum of Rs. 10,05,000/ - on the allegations that she had undergone sterilization (laparoscopic) operation on 6.2.1998 at Institutional Camp Indora, conducted by defendants No. 1 to 3 and after undergoing surgery she was issued a certificate that the operation was successful and the plaintiff would not bear any children.

(2.) IT is pleaded that despite the laparoscopic surgery, the plaintiff conceived and was tested positive for pregnancy on 26.11.1999. Pursuant to this conception a female child was born to the plaintiff on 18.7.2000. The plaintiff alleges that conception was owing to the negligence of defendants No. 1 to 3 and that now she is saddled with the costs of raising a female child, educating her, bringing her up in life, marrying her and settling her in life. The purpose for laparoscopic surgery was to avoid the pregnancy and not to be burdened with the cost of another child which she and her husband could ill afford.

(3.) WHETHER the Laparoscopic sterilization operation had failed due to the negligence of defendant No. 3, as alleged? OPP.