Sangeet Lodha, J. - (1.) Heard learned counsel for the petitioner and perused the record.
(2.) This writ petition is directed against award dated 16.7.05 passed by the Permanent Lok Adalat, Jodhpur, whereby damages quantified at Rs. 1,00,000/- has been awarded to the respondent no.1 on account of a child having been born to her inspite of having undergone a sterilisation operation performed by respondent no.2, Medical Officer, Government Hospital, Chandpole ,Jodhpur.
(3.) The respondent no. 1 already having five children i.e. four daughters and one son, underwent a sterilisation operation on 11.10.02. A certificate in this regard was issued by the Dr. K.Gyanchandani,respondent no. 2 herein. The sterilisation operation failed, leading to birth of yet another child. The respondent no. 1 preferred an application before the Permanent Lok Adalat, Jodhpur for recovery of the damages a sum of Rs. 7,00,000/- against the petitioners and the respondent no. 2 attributing the birth of the child as aforesaid to negligence of the respondent no.2.;