( 1 ) PETITIONERS by this writ petition seek award of compensation of rs. 3,50,000/- against respondents 1 and 2 for a failed sterilization operation and birth of an unwanted child.

( 2 ) PETITIONER No. 1 is the wife and petitioner No. 2 is her husband. Petitioners married under Hindu rites in February,1992. Petitioner No. 1 between 1992 till 1998, gave birth to two sons and one daughter. Petitioner No. 2 is a night watchman in a locality and collects contributory small monthly amounts from residents of the locality. The income is irregular and uncertain.

( 3 ) PETITIONERS facing financial difficulties with meagre income and three children, decided not to have any more children. Petitioners opted for sterilization of petitioner No. 1. A tubectomy operation was performed on petitioner No. 1 by the doctor of respondent No. 2 in respondent No. 2 hospital on 7. 3. 2000. A certificate to this effect was also issued.

( 4 ) PETITIONERS claim to have been assured by respondents that operation was successful and they need not now worry about pregnancy or unwanted children.

( 5 ) IT is petitioners case that in the month of July,2002, she came to know that she had conceive