SAYED AMZAD HUSAIN NAQVI Vs. LAKHANPUR HOSPITAL

JUDGEMENT

(1.) By means of this complaint the complainant has prayed for a sum of Rs.8,000/- which was incurred in the birth of his third child and a sum of Rs.15,000/- for the 4th child. A sum of Rs.4,56,000/- has been claimed for bringing up and educating the 4th child. A sum of Rs.50,000/- has been claimed on account of mental tension of complainant No.1 and a sum of Rs.1,50,000/- has been claimed on account of mental tension of complainant No.2.

(2.) The facts of the case stated in brief are that the complainant No.2 is the wife of complainant No.1. The complainant No.1 is the employee of Police Department. The first child was born in the year 1986 in the Najrath Hospital through caesarean. Thereafter two daughters were born in the years 1988 and 1990 through caesarean. When the 3rd daughter of the complainant was born it was decided that no more issues are required. Hence she consulted the opposite party Nos.2 and 3 who advised for sterilization so that she would not conceive a child in future. At the time of birth of 3rd child about Rs.8,000/- were spent and she was assured that no further child will be born. The complainant No.1 in the year 1992 was posted at Police Station Behta and Gokul in Distt. Hardoi. When the complainant No.2 got her urine examined, she came to know that she is pregnant. Thereafter another test of urine was got done on 24.5.1992 in Kulvanti Hospital, Kanpur and the pregnancy was confirmed. She was also told that now the abortion cannot be done and if it is attempted it may cause death of the mother also. On account of no facility at Hardoi, the complainant had to go Kanpur for investigations. In the birth of 4th child about Rs.15,000/- have been spent which occurred on account of the negligence of the opposite party Nos.2 and 3, i. e. doctors. She has given the details of Rs.4,56,000/- to show that she will have to spend this much amount for bringing up and educating the 4th child. It has also been alleged that the complainant suffered mental tension etc.

(3.) The opposite parties have denied the allegations of the complainant and has alleged that there was no negligence on their part in conducting the sterilisation operation. It is also alleged that there is fool proof method of sterilisation and even after sterilising in rare cases the pregnancy occurs. It is also alleged that no 4th child birth took place. It is also alleged that after sterilisation operation the lady complainant No.2 was advised to come for check up in the hospital but she never came for her check up, hence the opposite parties are not liable for payment of compensation. It appears that this certificate of birth of 4th child has been issued in collusion with some employees of a particular hospital. All the precautions were taken while conducting the sterilisation operations. So far the best technique available is the pomeory technique and it is widely used. This technique was also used in the instant case for sterilisation of complainant No.2.