Smt. Phooli vs State Of Rajasthan
2023 Latest Caselaw 1358 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16288/2021

Smt. Phooli W/o Shri Manilal, Aged 27 Years, By Caste Garasiya, R/o Sabla Fali Aaval, Tehsil Abu Road, District Sirohi.

----Petitioner Versus

1. State Of Rajasthan, Through The Collector, Sirohi.

2. Chief Medical And Health Officer, District Sirohi.

3. Government Hospital, Sirohi, Through Chief Medical Officer, Sirohi, District Sirohi.

4. Dr. H.m. Kela, Hardeek Hospital Lepro Uro Surgical And Maternity Home, Gandhi Park Road, Near Chhoti Maszid, Abu Road, Tehsil Abu Road, District Sirohi.

5. The Permanent Lok Adalat, Sirohi.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Gajendra Panwar
For Respondent(s)        :



             HON'BLE DR. JUSTICE NUPUR BHATI

                                    Order

04/02/2023

Learned counsel for the petitioner submits that petitioner has

preferred an application under Section 22-B of Legal Service

Authorities Act, 1987 before the permanent Lok Adalat, Sirohi with

a prayer that the petitioner may awarded compensation for the

reason that the petitioner had undergone vesectomy operation at

Dr. H.M. Kela Hardeek Hospital, Sirohi

Learned counsel for the petitioner further submits that on

01.02.2016, vasectomy certificate had been issued by respondent

No.4 to the petitioner. Even after undergoing vesectomy operation,

the petitioner conceived a child and a daughter was born to her on

(2 of 2) [CW-16288/2021]

13.01.2017. He further submits that the petitioner had taken a

conscious decision that is why she had gone for vesectomy

operation and on account of negligence of respondent No.4, one

more child was born to her. Learned permanent Lok Adalat, Sirohi

vide judgment dated 01.07.2016, decide the application filed by

the petitioner and awarded the petitioner compensation amount to

the tune of Rs. 3 lacs which was to be duly paid by respondent

Nos.1 to 3 within a period of two months. The present petition has

been preferred for enhancement of the amount of compensation

awarded by the permanent Lok Adalat, Sirohi.

Issue notice. Issue notion of stay application also. Rule is

made returnable within a period four weeks.

(DR.NUPUR BHATI),J 5-amit/-

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