SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Online)(Chh) 374

CHHATTISGARH HIGH COURT
Mr. Prashant Kumar Mishra, J
South East Central Railway – Appellant
Versus
Smt. Draupati Bai Kaiwartya – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhishek Sinha, Ms. S. Harshita
For the Respondents: Mr. Ramakant Pandey, Mr. Dheeraj Kumar Wankhede

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












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top