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IN THE HIGH COURT OF CHHATTISGARH
Not Mentioned, Not Mentioned
State of Chhattisgarh and Another v. Meenabai
| Table of Content |
|---|
| 1. appeal against decree involving negligence claim. (Para 1 , 2) |
| 2. arguments regarding negligence and responsibility. (Para 3) |
| 3. court evaluates negligence and failure of operation. (Para 4 , 5 , 6) |
| 4. law on unintended pregnancy post-operation. (Para 7 , 8) |
| 5. final ruling dismissing the plaintiff's claim. (Para 9 , 10) |
1. This appeal is preferred against judgment and decree dated 28.02.2004 passed by Second Additional District Judge (FTC), Korba (CG) in a Civil Suit No.1B / 2004 wherein the said Court decreed the suit filed by the respondent / plaintiff for compensation partially to the tune of Rs.78,000/- with interest.
2. The respondent / plaintiff preferred a suit for damages against the appellants / defendants to the tune of Rs.4,02,000/- on 23.7.1999. As per the respondent, the suit was to the effect that she got her Laparoscopic Tubectomy (Family Planning) operation conducted in the Primary Health Centre, Korba on 13.12.1991. It was stated that in the year 1998, the respondent / plaintiff was astonished to learn that she had again conceived in spite of her earlier operation as mentioned above and subsequently delivered a child on 30.7.1998. It was stated that t
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