LAWS(NCD)-2007-4-117

BALWINDER KAUR Vs. STATE OF PUNJAB

Decided On April 04, 2007
BALWINDER KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Briefly stated the facts are that complainant was having two sons who were born through caesarean operation and as such she did not want to take risk of another pregnancy, so, she approached Rajindera Hospital, Patiala for tubectomy operation. The operation of tubectomy was performed on 25.2.98 by respondent Nos.5 to 7.

(2.) It was next averred that inspite of operation, she became pregnant and delivered a male child on 2.11.2001. The copy of the birth certificate is Annexure C-2.

(3.) It was further averred that family planning operation was performed by opposite party Nos.5 to 7 negligently and without due care and caution. She had even approached the said doctors that she had become pregnant despite tubectomy operation but they neither gave any reply, nor suggested any solution for the same.