B.S.CHAUHAN, C. J. - (1.)This writ petition has been filed for issuing a direction to opposite party No. 1 to pay adequate compensation to the petitioner for the negligence on the part of the opposite parties.
(2.)The facts and circumstances giving rise to this case are that petitioner claims herself to be a poor woman. Her husband is a mechanic and earns his livelihood by running truck repairing garage at Jaipur. After having two baby girls, petitioner and her husband decided not to have a third child and opted for family planning operation of the petitioner. Tubectomy was conducted by the Medical Officer, Jajpur Road PHC on 15- 1-1994. However, she gave birth to a female child on 25-12-2000. Husband of the petitioner reported the matter to various authorities of the Health and Family Welfare Department and asked for damages, but no action was taken. Therefore, this writ petition has been filed seeking compensation for conducting unsuccessful tubectomy.
(3.)Learned counsel for the petitioner submitted that in spite of the fact that the tubectomy was conducted by opposite party No. 3 on 15-1-1994 the petitioner gave birth to a female child on 25-1-2000. Due to failure of tubectomy the petitioner had been forced to have unwanted child. Therefore, the opposite parties are liable to make payment of compensation to the petitioner. Petition deserves to be allowed and this Court must award adequate compensation.