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PUSHPENDRA SINGH BHATI
Chief Medical And Health Officer – Appellant
Versus
Jaswinder Kaur – Respondent
ORDER
1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. These writ petitions have been preferred claiming the following reliefs:
CWP No. 11943/2019 :
'by an appropriate writ, order or direction, the present petition may be allowed and the impugned order dated 26.04.2019 (Annex-3) passed by the learned Chairman Permanent Lok Adalat, Hanumangarh along with other members in case no.147/2006 be quashed and set aside qua the petitioners and consequence thereof the application (Annex-1) filed by the respondent no.1 be rejected qua the petitioners.'
CWP No.12051/2019:
'by an appropriate writ, order or direction, the present petition may be allowed and the impugned order dated 28.05.2019 (Annex-4) passed by the learned Chairman Permanent Lok Adalat, Hanumangarh along with other members in case no.39/2010 be quashed and set aside qua the petitioners and consequence thereof the application (Annex-1) filed by the respondent no.2 be rejected qua the petitioners.'
CWP No.18940/2019:
'By issuing an appropriate writ, order or direction, t
The main legal point established in the judgment is that compensation for failed sterilization operations can only be claimed if medical negligence is proved, and that the decision to continue a preg....
Compensation for unwanted pregnancies post-sterilization requires proof of medical negligence; otherwise, claims are unsustainable.
Permanent Lok Adalats lack jurisdiction to adjudicate on tort claims without evidence of negligence from surgeries, particularly concerning sterilization procedures.
The burden lies on the defendants to prove that there was no negligence in cases of failed sterilization operation. The court also emphasized the need for the State Government to devise provisions fo....
Compensation for sterilization failure under Family Planning Indemnity Scheme is fixed at Rs.60,000, limiting claims against negligent medical practices unless statutory provisions allow for higher a....
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
Failure of sterilization does not automatically constitute negligence; liability exists only with proof of malpractice, not merely based on resultant pregnancy.
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