Smt Beena Devi vs State Medical An Healt Dept Ors ...
2023 Latest Caselaw 5364 Raj/2

[2023:RJ-JP:25649]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 17818/2016

Smt. Beena Devi, Wife Of Shri Ram Gopal, Ward No. 10, Village
Charanwala, Tehsil Sanganer, Jaipur, Rajasthan
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan Through Its Principal Secretary,
         Department Of Medical And Health, Secretariat, Govt. Of
         Rajasthan, Jaipur
2.       The Director Family Welfare, Medical And Health Services,
         Rajasthan, Jaipur
3.       The Chief Medical And Health Officer, Jaipur, Rajasthan
4.       The Chief Medical Officer, Division Ajmer, Jaipur Rajasthan
5.       The Senior Medical Officer, Incharge Of Community Health
         Centre, Amer, Jaipur
                                                                  ----Respondents

For Petitioner(s) : Mr. Shyam Sunder Verma for Mr. K.K.

                                 Chhawal
For Respondent(s)          :



                HON'BLE MR. JUSTICE SAMEER JAIN

                                      Order

27/09/2023

It is submitted that the sterilization operation was conducted

on 27/05/2011.

Thereafter, on 13/02/2012, the discharge certificate

regarding the said operation was issued by the respondent-

authorities.

However, despite the said operation, on 17/07/2012, the

petitioner gave birth to another male child.

[2023:RJ-JP:25649] (2 of 2) [CW-17818/2016]

As a result, the present petition was filed in the Year 2016,

alleging negligence on part of the doctor, on account of which, the

petitioner gave birth to another child subsequent to the

sterilization operation already having been conducted. Accordingly,

compensation is sought by way of the present petition.

Having perused the record of the instant petition, this Court

deems it fit to dismiss the present petition, on the following

grounds, namely:-

a. That the present petition involves highly disputed

questions of fact, especially qua the date of sterilization operation

and date of conceiving the child.

b. The cause of action arose in the Year 2012. Whereas, the

present petition was filed with a delay of four years, in the Year

2016. Moreover, ever since the filing of the present petition, no

efforts were made to contest the matter, as it is coming up for

hearing in the Year 2023. In this regard, reliance can be placed

upon the judgment of the Hon'ble Apex Court as enunciated in

(2014) 4 SCC 108 titled as Chennai Metropolitan Water

Supply and Sewerage Board and Ors. vs. T.T. Murali Babu as

well as Union of India & Ors. vs. N. Murugesan reported in

(2022) 2 SCC 45.

In the light of the observations made herein-above, the

present petition is dismissed.

Pending applications, if any, stand disposed of.

(SAMEER JAIN),J

ANIL SHARMA /78

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