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1995 Supreme(MP) 997

A.R.TIWARI
State of M. P. – Appellant
Versus
Asharam – Respondent


Advocates:
Anand Agarwal, Panel Lawyer for appellants; B.L. Pavecha for respondent.

JUDGMENT


1. The unsuccessful defendants have filed this appeal under section 96 of the Code of Civil Procedure against the judgment and decree dated 16.8.1988 rendered by the Second Additional Judge to the Court of District Judge, Ratlam in C.O.S. No. 14-B/85, thereby awarding compensation of Rs. 20,100-00 with costs and interest @ 6% per annum from the date of decree till payment on Rs. 20,000/-.

2. Facts lie in a narrow compass.

The respondent held the post of Upper Division Teacher. On 16.1.1984, he offered himself for Family Planning operation in the Primary Health Center, Sailana. The operation was conducted and the respondent was applauded for his submission to operation in national interest. The operation, however, did not prove beneficial and even after operation, a daughter was born to him on 16.4.1985. Irked, he issued notice under section 80 of the Code of Civil Procedure. As the demand was not met, he filed the aforesaid civil suit for a decree of damages quantified at Rs. 20,000-00 and notice charges of Rs. 100-00. He also claimed interest. The appellants opposed the claim. On evaluation of evidence, the learned trial Judge granted the decree as noted above.

3. Dissat





























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