STATE OF MADHYA PRADESH Vs. PARVATI BAI
LAWS(NCD)-2005-11-128
NCDRC
Decided on
November 23,2005
STATE OF MADHYA PRADESH
Appellant
VERSUS
PARVATI BAI
Respondents
Referred Judgements :-
STATE OF HARYANA V/S. SANTRA [REFERRED]JACOB MATHEW V/S. STATE OF PUNJAB [REFERRED]
STATE OF PUNJAB V/S. SHIV RAM AND OTHERS [REFERRED]
STATE OF HARYANA AND OTHERS V/S. RAJ RANI [REFERRED]
JUDGEMENT
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(1.)Being aggrieved by the judgment and decree dated 7.4.2003 passed by II ADJ, Mhow, District Indore in Civil Suit No.8-B/2002 whereby suit filed by the respondent was decreed against the appellant for a sum of Rs.80,000 along with interest @ 9% per annum, the present appeal has been filed.
(2.)Short facts of the case are that respondent filed a suit for realization of a sum of Rs.1,52,000 on 15.4.2002 alleging that respondent is a poor lady and is earning her livelihood by doing the manual labour. It was alleged that there was a tubectomy operation of the respondent on 24.1.1998 which was done at Primary Health Centre, Village Harsola, Tahsil Mhow, District Indore and was performed by appellant No.3 who was doctor in the Government Hospital. It was alleged that since on account of negligency on the part of appellant No.3, operation was not successful and respondent was pregnant, therefore, respondent got herself checked at Civil Hospital, Mhow on 19.8.2000 and delivered a female baby on 30.9.2000. Further case of the respondent was that again on 17.2.2001, respondent has undergone for tubectomy operation at Baba Saheb Bhimrao Ambedkar Hospital, Mhow. It was alleged that respondent has given birth to a child on account of carelessness and negligence on the part of the appellant. It was further alleged that respondent will be required to maintain the baby for a period of 18 years till she attains the age of majority and amount of Rs.1,52,000 has been claimed.
(3.)After service of summons, appearance was made on behalf of the appellants but in spite of seeking time on number of occasions, no written statement was filed, hence learned Trial Court vide order dated 9.2.2003 closed the right of the appellants to file the written statement and fixed the case for recording of evidence. After recording of evidence of P. W.1, Parvati Bai herself and P. W.2, Mohanlal, husband of respondent, closed the case and passed the judgment and decree for a sum of Rs.80,000 along with interest @ 9% per annum. Being aggrieved by this, the present appeal has been filed.
(2.)Short facts of the case are that respondent filed a suit for realization of a sum of Rs.1,52,000 on 15.4.2002 alleging that respondent is a poor lady and is earning her livelihood by doing the manual labour. It was alleged that there was a tubectomy operation of the respondent on 24.1.1998 which was done at Primary Health Centre, Village Harsola, Tahsil Mhow, District Indore and was performed by appellant No.3 who was doctor in the Government Hospital. It was alleged that since on account of negligency on the part of appellant No.3, operation was not successful and respondent was pregnant, therefore, respondent got herself checked at Civil Hospital, Mhow on 19.8.2000 and delivered a female baby on 30.9.2000. Further case of the respondent was that again on 17.2.2001, respondent has undergone for tubectomy operation at Baba Saheb Bhimrao Ambedkar Hospital, Mhow. It was alleged that respondent has given birth to a child on account of carelessness and negligence on the part of the appellant. It was further alleged that respondent will be required to maintain the baby for a period of 18 years till she attains the age of majority and amount of Rs.1,52,000 has been claimed.
(3.)After service of summons, appearance was made on behalf of the appellants but in spite of seeking time on number of occasions, no written statement was filed, hence learned Trial Court vide order dated 9.2.2003 closed the right of the appellants to file the written statement and fixed the case for recording of evidence. After recording of evidence of P. W.1, Parvati Bai herself and P. W.2, Mohanlal, husband of respondent, closed the case and passed the judgment and decree for a sum of Rs.80,000 along with interest @ 9% per annum. Being aggrieved by this, the present appeal has been filed.
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