CHHATTISGARH HIGH COURT
Mr. Prashant Kumar Mishra, J
South East Central Railway – Appellant
Versus
Smt. Draupati Bai Kaiwartya – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to failed sterilization. (Para 1 , 2) |
| 2. jurisdictional contentions raised by parties. (Para 3 , 4 , 5) |
| 3. court's observation on the powers and nature of lok adalats. (Para 6 , 7 , 8 , 9) |
| 4. need for negligence evidence for liability in medical cases. (Para 15 , 16 , 19) |
| 5. final ruling and quashing of the award. (Para 20) |
1. Complainant Smt. Draupati Bai Kaiwartya, respondent No.2 herein, under went sterilization operation on 27-3-2003 at the hands of petitioner No.3 Dr. S.K. Mishra, Senior Divisional Medical Officer, in the hospital owned by South East Central Railway (SECR), Bilaspur. Respondent No.2 / complainant after three years of sterilization operation conceived pregnancy and gave birth to a child on 2-1-2007. Feeling aggrieved against the birth of child pursuant to the sterilization operation, respondent No.2 filed a complaint before the Permanent Lok Adalat constituted under S.22 - B of the Legal Services Authorities Act, 1987 (for short 'the Act of 1987') claiming compensation to the tune of Rs.3,36,000/- along with interest.
2. The Permanent Lok Adalat by its impugned award granted compensation of Rs.97,200/- along with 6% int
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