DOCTOR SURESH KUMAR, DY. CIVIL SURGEON Vs. DONE PRABAKAR

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.117/2006 on the file of District Forum, Karimnagar, opposite parties preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant was having two children and opposite parties offered to conduct Family Planning Operation on 23-2-2001 at Government Hospital, Huzurabad and opposite party No.1 conducted Vasectomy operation on the complainant and he was informed that the operation was successfully completed and opposite party No.2 issued a sterilization certificate to that effect. It is the case of the complainant that after the Vasectomy operation, his wife had begotten 3rd child on 9-1-2003 and alleged that it was due to the careless and unsuccessful operation conducted by opposite party No.1. He submitted that he is a poor agricultural labour and could not provide good education and maintain the 3rd child and that he was an active political worker and due to the birth of third child, he was disqualified to participate in the panchayat elections. Hence he approached the District Forum for a direction to the opposite parties to pay Rs.3,00,000/- towards compensation for expenses to bring up the child.

(3.) Opposite parties 1 and 2 filed counter and submitted that the complainant approached the Family Planning Sterilization Camp at Government Civil Hospital at Huzurabad on 23-2-2001 and has given written consent and the vasectomy/Tubectomy operation was conducted. They submitted that the complainant gave written consent wherein it was mentioned that there is some chances of failure so no responsibility lies on the surgeon who conducted the operation or with the Government. They contended that it was wrong to state that opposite party No.2 issued Sterilization Certificate declaring the operation conducted by opposite party No.1 successful and the camp Officer issued sterilization certificate. They submitted that opposite party no.1 is a trained surgeon and conducted number of vasectomy operation in several camps and FW camps and every precautionary measures are adopted as per the standard prescribed by the experts and approved by Government of India. They further submitted that there are some chances of failure of operation and so no responsibility lies on the surgeon who conducted the operation or with the Government and in Medical jurisprudence there is no 100% possibility scheme and that the complainant gave consent and submitted that the complainant is not entitled to any relief.