DISTRICT COLLECTOR Vs. RAGIRI MAMATHA

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.244/2005 on the file of District Forum, Karimnagar, opposite parties preferred this appeal.

(2.) The brief facts as set out are that the complainant had two daughters and one son and intended to go for family planning operation and on 18-11-2004 joined in the camp at PHC, Vemulawada on 18-11-2004 at 3.00 p.m. The resident doctor of PHC Vemulawada, Doctor R.Maheshwar Rao, and two other doctors by name Doctor Penchalaiah and Dr.J.Ramesh attended the camp and operated upon the complainant due to which the complainant became serious within one hour of the operation. The resident doctor called the husband of the complainant and informed him that the complainant was in a serious condition and to shift her to Head Quarters hospital, Karimnagar. Immediately she was shifted and she had gone undergone treatment for a period of 10 days at Karimnagar hospital and the doctor of Karimnagar hospital informed the complainant that the doctors who operated upon the complainant at PHC Vemulawada instead of doing Tubectomy operation, opened small intestine accidentally and due to that the complainant is not able to attend her own work including house hold duties and she is almost on bed and not able to move from the bed and her health is decreasing due to rash and negligent operation and the family planning operation was also not completed. The complainant lodged a complaint before the Police on 12-12-2004 and the police registered a crime No.195/2004 U/s.337 IPC. Hence the complaint for a direction to the opposite parties claiming compensation of Rs.5,00,000/- for the maintenance of the further child born due to failure of Tubectomy operation.

(3.) Opposite party No.2 filed counter which was adopted by opposite parties 1 and 3 denying the averments of the complaint and stated that the complainant filed a false case. They admitted that there was a family planning camp on 18-11-2004 at PHC Vemulawada and that a number of persons attended the said camp and got operated successfully. There was no complaint from the persons those who have undergone operations at Vemulawda and the complainant filed this complaint creating false documents to extract money and prayed for dismissal of the complaint.