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 amounts.

JUDGMENT :

S.K. PANIGRAHI, J.

1. The Petitioner, in this Writ Petition, seeks a direction from this Court to the Opposite Parties/State to pay a sum of Rs.25,00,000/- towards compensation on account of medical negligence in conducting her sterilization surgery. The petitioner has claimed that the said defective sterilization operation has resulted in a lifetime financial burden on account of bringing up her third child.

I. FACTUAL MATRIX OF THE CASE

2. The Petitioner is a housewife and a mother of two children and her husband is a labourer. After having her second child, the petitioner wanted to include herself in the family planning awareness programme introduced by the Government of Odisha by way of female sterilization. Accordingly, on 18.07.2022, a sterilization operation was conducted by a team of the Opposite Party No.3/ Chief District Medical and Public Health Officer, Cuttack on the Petitioner/complainant and issued prior registration No.65 dated 28.02.2022 against Serial No.06/65 and L.C No.87 after fulfillment of all legal formalities laid therein.

3. However, after sterilization surgery, the Petitioner on observing the symptoms of pregnancy immediately proceeded to Nischintakoili CHC for tests. On proper treatment, her test results vide OPD No.11776 dated 14.12.2022 concluded that she was pregnant. Thereafter, on 06.02.2023 a further test was conducted at Salipur CHC vide OPD No.50079. The pathological investigation report admittedly made it clear that the petitioner was pregnant. The Petitioner gave birth to a male child on 16.07.2023. Challenging the negligence and carelessness of the Doctor while conducting the sterilization operation, the Petitioner has filed this Writ Petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

4. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.

5. On account of faulty operation and medical negligence of the doctor, the Petitioner became pregnant even after having a sterilization operation. This has led to substantial financial burden over the petitioner’s family considering that they shall not be able to avail the Government benefits because of the existence of third child. Moreover, on account of unwanted pregnancy, the family of the Petitioner would face financial hardship, mental agony etc. in future.

6. When the matter stood thus, due to unwanted pregnancy of the Petitioner even after sterilization operation, the Petitioner issued a legal notice to the Opposite Party Nos.2 and 3 for permanent solution and financial assistance/compensation as per law on 08.02.2023. However, all the efforts of the Petitioner went in vain due to the inaction of Opposite Party Nos.2 and 3. In such view of the matter, the Petitioner is entitled to Rs.25,00,000/- towards compensation for medical negligence and mental agony etc., future monetary expenses towards education, books, uniform and other miscellaneous expenses and other compensation due to wrong sterilize operation and pain.

III. SUBMISSIONS OF OPPOSITE PARTY NO.2:

7. Per contra, learned counsel for the Opp. Party No.2 intently made the following submissions:

8. At the time of operation, the left side Tube of the Petitioner was left due to adhesion. This fact was intimated to the Petitioner after operation and she was advised to take any temporary method of Family Planning from the Community Health Officer (CHO), Multipurpose Health Worker Female (MPHWF-) and ASHA. In this regard, the Community Health Officer and Health Worker Female, Jairampur Health Wellness Centre vide letter dated 18.08.2022 have also