PARTH PRATEEM SAHU
State Of Chhattisgarh Through Collector, Bastar, Jagdalpur – Appellant
Versus
Gomti Patel – Respondent
PARTH PRATEEM SAHU, J.
1. Appellants by this appeal have challenged the judgment and decree dated 21.10.2002 passed by learned 2nd Additional District Judge, Jagdalpur in Civil Suit No.6B/02 whereby civil suit filed by plaintiffs/respondents herein for damages of Rs.1,39,000/-has been decreed.
2. Brief facts relevant for disposal of this appeal are that appellant No.1 underwent laproscopic sterilization operation in a camp organized by appellants on 17.9.1998. Despite undergoing sterilization operation plaintiff No.1/respondent No.1 herein conceived and gave birth to a female child on 23.8.1999 i.e. plaintiff No.3. Cause of action for filing of suit has been shown that plaintiff No.2, husband of plaintiff No.1, is working as Assistant Teacher and getting monthly salary of Rs.6550/- and on account of negligence of the doctor, who did not carry out sterilization operation with due care and caution, unwanted girl child born to plaintiff No.1 due to which plaintiff No.2 had to bear the financial burden of bringing up an unwanted child and therefore appellant State being employer is also vicariously liable for the negligence of the doctor engaged by it. The plaintiffs have claim
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