Madhya Pradesh High Court
Smt. Bhoori Bai vs The State Of Madhya Pradesh on 26 August, 2019
Author: Sheel Nagu
Bench: Sheel Nagu
1
WP 17151/19
THE HIGH COURT OF MADHYA PRADESH
W.P.17151/19
(Smt. Bhoori Bai Vs. State of M.P. & others)
Gwalior Dt. 26/8/2019
None for the petitioner.
Ms. Anuradha Singh, Govt. Advocate for the respondents/State.
Writ jurisdiction of this Court is invoked u/Art. 226 of the Constitution seeking relief of compensation of Rs. 2 Lakh on account of failed sterilization operation by relying upon Indemnity Scheme formulated by the Govt. of India, Ministry of Health and Family Welfare filed as AnnexurP/9 alongiwth the petition.
It may be mentioned here that the aforesaid Scheme was formulated inter alia providing for compensation of Rs. 30,000/- for failed sterilization operation, provided the claim is submitted within 90 days of occurrence of the event of failure/death/complication.
In the instant case, the petitioner gained knowledge of operation having failed sometime in 2015-16 whereas operation was done in the year 2013 vide Ex.P/2.
The petitioner is directed to explain as to how this claim is not hit by delay and latches.
List next week.
(Sheel Nagu)
(Bu) Judge
2019.08.2
7 18:29:40
+05'30'