NAVAL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition, the petitioners have challenged the negligence on the part of the Doctors, who carried out the sterilization operation on 14-2-2001 at a camp organized and supervised by the Surgeon of family Welfare Center, Divisional Hospital, gangapur city, the respondent No. 2. The doctors informed Smt. Uganti, petitioner No. 2 that the operation was successful. But after the operation, Smt. Uganti became pregnant and gave birth to a child on 31-8-2002. Since the petitioners are poor, they did not want the fourth pregnancy. It was for the purpose of preventing the pregnancy, that Smt. Uganti had undergone the Sterilization operation on 14-2-2001.

(2.) IT is further claimed by the petitioner that due to the negligence on the Doctors, she has suffered not only physical hardship, but also mental agony. She is also saddled with the responsibility of the fourth child. Therefore, she claims a compensation of Rs. 13,65,000/- from the respondents.

(3.) MR. Chetan Bairwa, the learned counsel for the respondents, has raised a preliminary objection, namely though, the petitioner No. 2 gave birth to a child on 31-8-2002, the petitioners did not file this petition till 2004. Therefore, there is an inordinate delay of two years. Hence, the present petition suffers from delay and laches.