Compensation can only be claimed in cases of negligence, not due to natural causes, and the burden of proof lies with the plaintiff to establish negligence.

JUDGMENT :

1. The instant is a defendant’s first appeal by the State Government challenging the impugned judgment and decree dated 30.12.2005 passed by the 10th Additional District Judge(FTC), Raipur in Civil Suit No. 1B/2005.

2. Vide the impugned judgment and decree the Court below has ordered for payment of Rs. 51,000 towards compensation to the plaintiff on account of the failure of LTT Operation conducted upon the plaintiff Smt. Triveni Bai. The payment of compensation stands fastened upon the State Government i.e. defendant no.1.

3. Brief facts of the case is that at the Primary Health Centre, Chhura Tahsil Gariyaband District Raipur(as it then was) a family planning camp was organized on 9.12.1998 wherein a large number of women belonging to the said locality had undergone the Laparoscopic Tubectomy (Family Planning) Operation in short ‘LTT Operation’. The said operation is a surgical sterilization procedure adopted on the willing ladies in order to ensure that they do not have any further child. On the said date i.e. on 9.12.1998 around 77 women had undergone the said family planning operation. One such person was the plaintiff Smt. Triveni Bai w/o Lachchan Yadav.

4. However, in the case of plaintiff the said operation conducted on 9.12.1998 resulted in a failure in as much as immediately about a year’s time the plaintiff again got conceived and gave birth to her 5th child on 4.9.2000. The operation was conducted by the respondent defendant no.4 in the suit before the trial Court Dr. S. N. Tiwari i.e. respondent no.2 in the instant appeal.

5. Much after the child was born, the plaintiff issued a notice under Section 80 in July, 2001. Thereafter, the suit was filed in the year 2005 claiming for damages of an amount of Rs. 1,51,000. The suit was registered as Civil Suit No. 1B/2005. Three witnesses were examined on behalf of the plaintiff side, the plaintiff, her husband and another local villager Vinod Kumar PW-3. On behalf of the respondent State two witnesses were examined DW-1 Dr. G. L. Tandon, the then Block Medical Officer, PHC Chhura and DW-2 namely Smt. Padmini, ANM who was the person present at the time of the camp held on 9.12.1998 and who was posted at the same PHC at the relevant point of time.

6. After conclusion of the pleadings and evidence, the trial Court taking into consideration the submissions made by the parties allowed the suit and held that since admittedly the plaintiff had undergone the LTT Operation on 9.12.1998 and the said operation resulted in failure in as much as immediately the plaintiff having got conceived and thereafter delivered her 5th Child on 4.9.2000. Hence the plaintiff became entitled for the claim of damages/compensation for the said failure and awarded an amount of Rs. 51,000 in this regard. The liability of payment of compensation was fastened upon the State Government. It is this judgment and decree dated 30.12.2005 which is under challenge before this Court.

7. Contention of the learned counsel for the appellant/State is that from the evidence of DW-1 and DW-2 it would be emphatically clear that there was no negligence whatsoever on the part of the Doctor conducting the LTT Operation, nor was there any case of the complications whatsoever which the plaintiff had suffered as a result of the said operation. It is further contention of the learned counsel for the appellant/State that witnesses DW-1 Dr. G.L. Tandon himself had deposed that in some cases there is a chance of failure of the LTT operation as is established from the medical jurisprudence itself. The experts and researchers have accepted the fact that under certain circumstances there is a possibility of failure of the said operation. It was the further stand of the State counsel that witnesses examined on behalf of State Government clearly established the fact that before conducting the operation written consent was obtained from the plaintiff herself which has been marked as Exhibit D-1 which she has voluntarily given with