Madhya Pradesh High Court
Smt. Om Bai Choudhary vs The State Of Madhya Pradesh on 14 June, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14 th OF JUNE, 2023
WRIT PETITION No. 4848 of 2004
BETWEEN:-
SMT. OM BAI CHOUDHARY W/O OMKAR CHOUDHARY
R/O HOUSE NO.710, MOCHI MOHALLA, SIDDHA BABA
WARD LALMATI, JABALPUR DISTRICT JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY HEALTH DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. CHIEF MEDICAL AND HEALTH OFFICER
J A B A L P U R DISTRICT JABALPUR (MADHYA
PRADESH)
3. S U P E R I N T E N D E N T RANI DURGAVATI
HOSPITAL/ELGIN HOSPITAL JABALPUR (MADHYA
PRADESH)
4. THE WOMAN /ASSISTANT SURGEON RANI
DURGAVATI HOSPITAL JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI G.P. SINGH - GOVERNMENT ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
Signature Not Verified
ORDER
SAN This petition is filed claiming compensation on account of failure of LTT Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.06.15 19:18:01 IST operation which was undergone by the petitioner - Smt. Om Bai Choudhary.
2Shri G.P. Singh, learned Government Advocate submits that this case is squarely covered by the decision of Coordinate Bench of this Court passed in the case of State Of M.P. vs Smt. Sundari Bai And Anr., AIR 2003 MP 284, whereby this Court set aside the judgment and decree of the trial Court granting compensation of Rs. 50,000/- on account of "failure of sterilisation".
In the case of Smt. Sundari Bai (supra) this Court referred to the decision in Roe v. Ministry of Health, (1954) 2 All ER , wherein it was remarked by Lord Denning : "Doctors would be led to think more of their own safety than of the good of their patients. Initiative would be stifled and confidence shaken. A proper sense of proportion requires us to have regard to the conditions in which hospitals and doctors have to work. We must insist on due care for the patient at every point, but we must not condemn as negligence that which is only a misadventure".
Similarly reliance has been placed in the case of Laxman v. Trimbak, AIR 1969 SC 128 wherein it has been held by Hon'ble the Supreme Court:
"Neither the very highest nor very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires".
In Vinitha Ashok v. Lakshmi Hospital, (2001) 8 SCC 731 , Hon'ble the Supreme Court after dealing with several case laws, concluded that the doctor is not liable for negligence if the course adopted by him is "reasonable" and his view is not "illogical".
The Coordinate Bench of this Court in Smt. Sundari Bai (supra) also referred to William's Obstetrics 21st Edition Pages 1556 to 1560 which deal Signature Not Verified with "sterilisation". It is stated at page 1559 of 1997 Edition : "No method of SAN Digitally signed by KOUSHALENDRA tubal sterilisation is without failure". "Soderstrom (1985) concluded that most SHARAN SHUKLA Date: 2023.06.15 19:18:01 IST sterilisation failures were not preventable. A similar conclusion was reached by 3 the American College of Obstetricians and Gynecologists (1996), which stated, "pregnancies after sterilisation may occur without any technical errors". Finally, the lifetime increased cumulative failure rates overtime are supportive that failure after one year are not likely due to technical errors".
In the present case, in the absence of evidence on record that no operation was performed or forged sterilisation certificate was issued, no indulgence can be shown for grant of compensation.
Accordingly, the writ petition fails and is hereby dismissed.
(VIVEK AGARWAL) JUDGE ks Signature Not Verified SAN Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.06.15 19:18:01 IST