2008 Supreme(Raj) 2190
PREM SHANKER ASOPA
Vimla Devi – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Anoop Dhand, Advocate.
For the Party: A.S. Khangarot, Addl. GA and Dr. Shyam Sharma, Dy. GA.
JUDGMENT
1. - Since the matter is covered by the judgments of this Court in Smt. Sita Bai v. State & Ors., SB Civil Writ Petition No. 1405 of 2005 decided on 25.5.2007 and Smt. Pana Bai v. State & Ors., SB Civil Writ Petition No. 1094 of 2003 decided on 3.7.2007 , therefore, with the consent of both the parties, the same is being decided at the admission stage.
2. By this writ petition, the petitioner has claimed a sum of Rs. 8 lacs towards compensation to enable her to bring up the unwanted child born to her on account of negligence of the Doctor, who performed sterilisation operation.
3. The tubectomy operation on 15.10.2004 was undertaken by Dr. Smt. Kalpna Gupta, at P.H.C. Kukanwali, Distt. Nagaur, respondent No. 3 and even after the said operation, the petitioner delivered a child on 21.8.2005. Further case of the petitioner is that though the operation is claimed to be successful, but due to negligence of the Doctor, she gave birth to a child, which has resulted in additional burden for which she is claiming above mentioned amount of compensation.
4. The objection raised by the State Government is that the jurisdiction of this Court is not meant for conducting the enquiry reg
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