HASMUKH F PRAJAPATI Vs. SHASHIKALABEN

JUDGEMENT

(1.) Appellants were the opposite parties before the State Commission, where the respondent/complainant had filed a complaint alleging a case of medical negligence against the appellant.

(2.) Very briefly the facts leading to filing the complaint were that the complainant who had approached the appellants for sterilisation (tubectomy) operation as she had been having continuous problem with the delivery of children underwent sterilisation operation performed on 7.11.1994 by the appellant, for which she was charged a fee of Rs. 1,500 (as per the appellants the sterilisation operation was done only on 1.11.1994 and was discharged on 3.11.1994). It was the case of the complainant that she became 'pregnant' despite 'sterilisation operation' and in these circumstances a complaint alleging medical negligence was filed before the State Commission. The case was contested by the appellants. The State Commission after hearing the parties and perusal of material on record allowed the complaint and directed the appellant to pay Rs. 1,00,000 by way of compensation along with interest @ 12% p.a. from 10.7.1996 till payment as also cost of Rs. 5,000. Aggrieved by this order, this appeal has been filed before us.

(3.) The notice was issued on 27.7.2006 for 1.9.2006. The notice issued to the appellant's Counsel came back with the postal remarks 'left'. Fresh notice was sent to both the parties on 11.9.2006 for January 8, 2007. The notice has not come back unserved hence it was deemed to have been served.