BIMLA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) PLAINTIFF 's suit for recovery of Rs. 5,00,000/- as compensation on account of failure of sterilization operation allegedly due to medical negligence on the part of the doctors of the State stands dismissed. The said judgment and decree dated 16th July, 2002 passed by the District Judge, Bilaspur, H. P. in Civil Suit No. 8 of 1999 titled as Smt. Bimla Dei v. State of H. P. and others has been assailed by the plaintiff.

(2.) THE plaintiff filed a suit under O.33 R.1, CPC claiming compensation of Rs. 5,00,000/- alleging that : - (i) She is resident of village Rajpura and married to Sh. Babu Ram. After giving birth to two children she and her husband decided to undergo sterilization operation; (ii) At the instance of the Chief Medical Officer she got herself operated for tubectomy on 7th January, 1985 in Primary Health Centre, Markand. The operation was carried out by Dr. Inder Singh, Block Medical Officer, Markand. Certificate of operation bearing No. 5666 was issued. (iii) After about 2 1/2 years she conceived a child and gave birth to a female child. This proved that either the operation was not done or "some other vein was cut" by the doctor while performing the operation. (iv) To ensure no further pregnancy, the Medical Officer suggested her husband to undergo vesectomy operation which was conduced by the doctor on 29th January, 1989 in terms of certificate No. 1828. (v) In spite of the same she again conceived a child which she delivered in December, 1993.

(3.) HER husband, Sh. Babu Ram filed a Civil Writ Petition No. 1275 of 1993 which was dismissed by this Court vide order dated 24th December, 1996 with liberty to file a Civil Suit. She served a notice dated 18th August, 1997 under S.80, CPC and in the absence of any response she filed the instant suit. She pleaded that the period for pursuing the civil writ petition be accounted for, for the purposes of computing the period of limitation.