- (1.) THIS is an appeal against the order dated 6.2.2004 passed by the District Forum, Dehra Dun whereby the complaint of the complainant for compensation on the failure of sterilization operation of his wife was dismissed.
(2.) THE facts of the case are admitted except the quantum of fee. According to the complainant, he paid a sum of Rs. 15,000/ - as fee for the operation of his wife, while the doctor has admitted that she has taken fee of Rs. 3,000/ - but the operation on 8.1.1999 is admitted. It is admitted that the complainant s wife has remained hospitalized in the nursing home of the opposite party from 7.1.1999 to 11.1.1999. According to the complainant after the operation there was a guarantee that his wife shall not give birth to any child in future but on 10.3.2001, the wife of the complainant gave birth to a female child. This was due to the negligence of the doctor in the operation. The complainant claimed compensation on various grounds from the doctor as given in the complaint.
(3.) THE doctor has alleged that there is absolutely no cent percent guarantee in these matters and even in best operations, there are chances of failures. The learned Forum after taking the evidence of the parties found that no expert evidence has been produced to show what negligence the doctor has committed. It has further found on the study of literatures that there is no 100% guarantee. Even in the cases of operation by the best doctors, there are failures on which basis the complaint was dismissed. Being aggrieved by that order, the present appeal has been filed.;