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2017 Supreme(Chh) 7

SANJAY K.AGRAWAL
Divisional Railway Manager, South East Central Railway – Appellant
Versus
Public Utility Permanent Lok Adalat – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abhishek Sinha, Mr. Ghansyam Patel and Ms. S. Harshita.
For the Respondents: Mr. Ramakant Pandey and Mr. Dheeraj Kumar Wankhede.

ORDER :

1. Complainant Smt. Draupati Bai Kaiwartya, respondent No. 2 herein, under went sterilization operation on 27.3.2003 at the hands of petitioner No. 3 Dr. S.K. Mishra, Senior Divisional Medical Officer, in the hospital owned by South East Central Railway (SECR), Bilaspur. Respondent No. 2/complainant after three years of sterilization operation conceived pregnancy and gave birth to a child on 2.1.2007. Feeling aggrieved against the birth of child pursuant to the sterilization operation, respondent No. 2 filed a complaint before the Permanent Lok Adalat constituted under Section 22-B of the Legal Services Authorities Act, 1987 (for short 'the Act of 1987') claiming compensation to the tune of Rs. 3,36,000/- along with interest.

2. The Permanent Lok Adalat by its impugned award granted compensation of Rs. 97,200/- along with 6% interest per annum from the date of application holding that it is a case of comparative/composite negligence and also held that the dispute is covered under Section 22-A(b)(v) of the Act of 1987 and as such it is a public utility service holding that service in hospital or dispensary is public utility service and therefore the dispute is amenable to the




































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