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2003 Supreme(P&H) 1158

M.M.KUMAR
Fulla Devi Alias Fullo Devi – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code) which is directed against the judgment and decree dated 9.11.2001 passed by the District Judge, Kurukshetra, reversing the judgment and decree dated 14.5.2001 passed by the Additional Civil Judge (Senior Division), Kurukshetra. The Civil Judge has decreed the suit filed by the plaintiff-appellant holding that the tubectomy operation had failed because of the negligence on the part of the defendant-respondents. The negligence on the part of the defendant-respondents resulted into birth of a third unwanted female child to the plaintiff-appellant which has apparently burdened the plaintiff-appellant financially. The plaintiff-appellant is proved to be a poor lady who had already four children and has also been under considerable financial burden. The trial Court assessed the expenses for rearing of the child to Rs. 4,000 per year and applied the multiplier of 18 years. Accordingly, she was given Rs. 72,000/- as compensation for up-bringing of the unwanted child and Rs. 18,000/- on account of expenses incurred by her on treatment, damages and pain incl













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