(1.) The opposite parties in O. P. No.298/94 on the file of the Consumer Disputes Redressal Forum, Kasaragod are the appellants.
(2.) The complainant alleged before the District Forum that she was admitted in the second opposite party's medical centre (Kamath Medical Centre) on 26.12.1993 for her second delivery. The delivery was expected in the first week of January, 1994, but on 31.12.1993 the first opposite opposite party advised for caesarian operation and under general anaesthesia classical caesarian operation was conducted and a male child was delivered. On 1.1.1994 her abdomen began to get enlarged. When she consulted the opposite parties they consoled her saying, there was nothing to worry about. As there was no relief she was taken to Unity Health Complex, Mangalore on 20.1.1994 where she learnt that sterilisation operation also was conducted by the opposite parties which according to her was without her consent. At Mangalore Hospital she had to undergo treatment and the doctors there found her difficulty was due to the defects in the operation conducted by the opposite party No.1. Therefore, she alleged negligence and deficiency of service and wanted compensation to be awarded to her.
(3.) First and second opposite parties filed separate version. The first opposite party in her version maintained that caesarian became necessary as the patient had leaking membrane and foestal distress. The operation was performed to save the baby and mother. There was adhesions with omentum, small intestines, urinary bladder and abdominal wall which necessitated classical surgery. On noticing further pregnancy in such condition would be harmful to her life, she was advised for seterilisation which she agreed and accordingly sterilisation operation also was conducted. She denied the allegation of negligence and deficiency of service. The second opposite party also took the same line of defence. He further maintained that on noticing that the aforesaid features the complainant as well as her relations were informed and they requested immediate sterilisation and accordingly sterilisation too was done.