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2017 Supreme(Online)(Chh) 340

IN THE HIGH COURT OF CHHATTISGARH
CHANDRA BHUSHAN BAJPAI, J
State of Chhattisgarh and Another v. Firtin Bai and Another


Table of Content
1. burden of proof in negligence cases. (Para 1 , 2 , 3)
2. court's analysis on negligence and causation. (Para 4 , 5 , 6 , 7 , 8)
3. final ruling on appeal outcome. (Para 9 , 10 , 11)

1. By filing the first appeal under S.96 of the Code of Civil Procedure, 1908 (for short 'the Code' ), the appellants have challenged the legality and propriety of judgment and decree dated 27.02.2003 whereby and wherein the learned Additional District Judge, Korba, has decreed the suit filed by respondent No. 1 / plaintiff against the present appellants and ordered that the present appellants shall pay respondent / plaintiff an amount of Rs.2 lakh as compensation along with interest and cost of the suit. As per para 21 of the Judgment and decree, the appellants deposited Rs.1,00,000/- on 10.6.2003 and cost of the suit on 17.6.2003.

2. Brief facts of the civil suit filed by respondent No. 1 / plaintiff are that on 09.01.1986 respondent No.1 underwent sterilization operation in a camp conducted at NTPC Hospital Dari. Thereafter on 16.8.1987 despite the said laparoscopic tubectomy, respondent No.1 gave birth to a female child Neera and thereafter on 07.02.93 another male child Shiv Kumar

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