Supreme Court · 2005 INSC 386 · Decided 29 August 2005
State of Haryana and ORS. v. Raj Rani
- Court
- Supreme Court of India
- Citation
- 2005 INSC 386 · [2005] SUPP. 2 S.C.R. 1027
- Case number
- CIVIL APPEAL No. 2743/2002
- Decided
- 29 August 2005
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Torts-Medical negligence-Performance of sterilization operation by A B a surgeon employed by the State Government-Delivery of unwanted child­ Claim petition/or compensation from the State Government on the principle C of vicarious liability-Held : In the absence of proof of negligence, the of the Surgeon-Consequently, State cannot be held vicariously liable to pay compensation to the victim-However, the compensation amount already paid by the State to the ivon1an decree-holder not to be refunded D The respondent, a women, had undergone a sterilization operation performed by
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