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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