Modification of Judgment dtd. 18/02/2026 in R/SA/149/2007

0.29357151157942885 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 149 of 2007 [On note for speaking to minutes of order dated 18/02/2026 in R/SA/149/2007 ]

==========================================================

PANCHMAHALS JILLA PANCHAYAT & ORS.

Versus KESHABHAI CHANDABHAI VANZARA & ORS.

==========================================================

Appearance:

MR UM SHASTRI(830) for the Appellant(s) No. 1,2,3 GOVERNMENT PLEADER for the Respondent(s) No. 3,4 JENIL M SHAH(7840) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 10/03/2026

ORDER

In the order dated 18.02.2026, the formal header at the top "IN THE HIGH COURT OF GUJARAT AT AHMEDABAD" has not been reflected.

It is, therefore ordered that the words " IN THE HIGH COURT OF GUJARAT AT AHMEDABAD" be added at the top of the order dated 18.02.2026 so as to complete the order format. Registry may issue fresh writ accordingly.

Note stands disposed of.

(J. C. DOSHI,J)

MARY VADAKKAN R/SA/149/2007 0.29357151157942885 R/SECOND APPEAL NO. 149 of 2007 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

PANCHMAHALS JILLA PANCHAYAT & ORS.

Versus KESHABHAI CHANDABHAI VANZARA & ORS.

==========================================================

Appearance:

MR UM SHASTRI(830) for the Appellant(s) No. 1,2,3 MS. URVASHI PUROHIT ASSTT. GOVERNMENT PLEADER for the Respondent(s) No. 3,4 JENIL M SHAH(7840) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 18/02/2026

ORAL JUDGMENT

1. This is a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (“the Code”), challenging the impugned judgment and decree whereby the Special Civil Suit No. 36 of 1991 filed by the original plaintiff for recovery of the compensation of Rs.80,000/- was decreed in favour of the plaintiff with the interest at 12% per annum from the date of the suit till the realisation, by judgment and decree dated 30.12.1997. The appeal under Section 96 of the Code was preferred by the present appellant before the Presiding Officer, 8^th Fast Track Court, Panchmahal by judgment and decree dated 08.05.2006. The learned First R/SA/149/2007 0.29357151157942885 Appellate Court partly allowed the First Appeal and reduced the rate of interest from 12 % to 6% but confirmed the order of granting the compensation.

2. The facts in the nutshell are that on 26.11.1981, the plaintiff No. 2- Bai Sharda had undergone the sterilisation operation under the Government scheme at Civil Hospital, Godhra. It is pleaded by the plaintiff that the sterilisation operation failed and plaintiff had conceived a child and delivered a baby girl on 02.04.1990 and therefore, she borne additional financial expenses of Rs. 80,000/- . Therefore, she claimed the compensation of Rs. 80,000/- with 12 % interest from 02.04.1990 the day on which the baby girl was born.

3. The defendant having been appeared placed the multiple contentions including the contention that the plaintiff could have avoided the birth of the child which she conceived despite the sterilisation operation, therefore, the plaintiff is not entitled to claim any compensation on the ground of negligence of the doctor. Contention is also raised that as per Government Scheme if a female has conceived a child despite undergone sterilisation operation, Government hospital would conduct abortion procedure free of cost and also shall conduct sterilisation operation. It is further pleaded that the suit has been field without the mandatory statutory notice under Section 80 of the Code.

R/SA/149/2007 0.29357151157942885

4. The learned Trial Court after framing the issues and permitting the parties to lead the evidence was pleased