Judgment

R.C. Lahoti, CJI.—Leave granted in SLP (C) No. 3106/2004.

2. In all these appeals, it is not necessary to notice the facts of individual cases. It would suffice to state that in all these cases, the plaintiff, a woman, had undergone a sterilization operation performed by a surgeon in the employment of the State of Haryana. Subsequent to the performance of the surgery, the woman became pregnant and delivered a child. Suit was filed against the doctor who had performed the surgery, claiming compensation based on the cause of action of ‘unwanted pregnancy’ and ‘unwanted child’, attributable to the failure of the surgery. State of Haryana was impleaded, claiming decree against it on the principle of vicarious liability. The suits have been declared and such decrees have been put in issue by filing these appeals by special leave.

3. A 3-Judge Bench of this Court has held in State of Punjab v. Shiv Ram & Ors. (C.A. 5128 of 2002 decided on August 25, 2005) that child birth in spite of a sterilization operation can occur due to negligence of the doctor in performance of the operation, or due to certain natural causes such as spontaneous recanalisation. The doctor can be held liable o