Supreme Court · 2005 INSC 382 · Decided 25 August 2005
State of Punjab v. Shiv Ram and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 382 · [2005] SUPP. 2 S.C.R. 991
- Case number
- CIVIL APPEAL No. 5128/2002
- Decided
- 25 August 2005
- Bench
- R.C. LAHOTI, C.K. THAKKER, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 304A
Headnote
A B Tort-Medical Negligence-Failure of sterilization operation-When ationable-Unwanted pregnancy after undergoing sterilization operation­ Held, claim in tort sustainable only if there is negligence on part of operating C surgeon-No finding that Lady surgeon was incompetent or negligent in the appeal, held no liability merely it sterilized women becomes pregnant duly performed sterilization operation not attributable to any failure on the part of surgeon-Failure due to natural D causes, no method of sterilization is fool proof-Santra 's case distinguished on facts-Case Law
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