PARIVAR SEWA SANSTHA Vs. SHIV DEVI PRAJAPATI

JUDGEMENT

(1.) THE case of Smt. Shivadevi Prajapati, the complainant, a teacher is this that she had conceived despite using all contraceptives. The complainant had already got three children. She went for medical termination of pregnancy on 19.01.2002. She approached Parivar Seva Sansthan (Formerly Marie Stopes Clinic), Sharma Building, M.I. Road, Jaipur, for the above said purpose. Tubectomy was performed and she was discharged on the same day. The stitches were removed on 28.01.2002 and on 06.04.2002.

(2.) THEREAFTER , she felt heaviness in her stomach and got herself checked. It transpired that she was pregnant and was carrying 18 weeks' pregnancy. She got the sonography done in Amar Jain Hospital, the report revealed that she was having 20 weeks pregnancy. She delivered a male child on 24.08.2002. She filed a complaint against the Opposite Party.

(3.) THE OP denied negligence and took the stand that there is no guarantee of 100% success in all operation. The District Forum dismissed the complaint because the report of Rajasthan Medical Council was not yet received. The same was filed before the State Commission. The State Commission placed reliance on the said report, allowed the complaint and granted a sum of Rs.40,000/ - as compensation plus Rs.5000/ - as costs of litigation.