RAMILA Vs. CHIEF MEDICAL & HEALTH OFFICER

JUDGEMENT

(1.) THIS intra -court appeal against the order dated 22.01.2013, as passed by the learned Single Judge of this Court in CWP No. 1640/2012, is time -barred by 220 days. An application seeking condonation of delay has been moved by the appellant, supported by her affidavit. Though the submissions made in the application are vague and incomplete, but in the circumstances of the case, while ignoring the delay, we have considered the matter on merits.

(2.) BY the impugned order dated 22.01.2013, the learned Single Judge of this Court has accepted the writ petition filed by the present respondents against the award dated 19.10.2011, as made by Permanent Lok Adalat, Banswara, granting compensation quantified at Rs. 1,00,000/ - to the present appellant on account of birth of a child despite her having undergone sterilization operation, performed by the respondent No. 3. The appellant had filed the application before the Permanent Lok Adalat, claiming compensation in the sum of Rs. 11,90,000/ -, while attributing the birth of an additional child to the negligence of the doctor performing sterilization operation. Upon the parties failing to reach an agreement, the Permanent Lok Adalat proceeded to deal with the dispute on merits; and proceeded to make the award on 19.10.2011, when nobody was present on behalf of the non -applicants.

(3.) The Permanent Lok Adalat took note of the facts about the appellant having undergone sterilization operation on 12.01.2001 and having yet given birth to a child on 20.04.2007. With reference to these facts, the Permanent Lok Adalat concluded that there had been want of due care and caution on the part of the concerned Medical Officer which led to the birth of an additional child to the appellant. The Permanent Lok Adalat also observed that the applicant, being a poor rustic villager, was not in a position to adequately maintain the child and hence, proceeded to grant her an amount of Rs. 1,00,000/ -, as financial support from the respondents. The relevant observations and directions in the award impugned read as under: - <IMG>JUDGEMENT_37_TLRAJ0_2014.jpg</IMG> <IMG>JUDGEMENT_37_TLRAJ0_20141.jpg</IMG>