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This second appeal has been filed against the Judgement and Decree dated 30.08.2005 made in A.S No.78 of 2004 on the file of District Judge, Perambalur, confirming the Judgement and decree made in O.S No.28/1998, dated 05.02.2004 on the file of the Subordinate Judge, Ariyalur.

2. The appellants herein are the defendants in O.S No.28 of 1998 filed by the respondent herein/plaintiff for the relief of damage.

3. The brief facts of the case are as follows:

The plaintiff had five male child, hence, she approached the Perambalur Government Hospital for birth control operation. Thereafter, on 06.09.1993, she admitted in the said hospital and underwent sterilization operation on 08.09.1993 and discharged on 09.09.1993. Then, she believed https://www.mhc.tn.gov.in/judis that she would not conceive again but the plaintiff conceived and got female child on 05.11.1994. Hence, she filed the suit for damages.

4. The defendants admitted that the plaintiff underwent sterilization at Perambalur Government Hospital. However, After that operation, she must consult the doctor every month but she had not approached the Government Hospital Doctor and she had consultation with private Hospital, thereby, they denied that there was no negligence on their part and claiming that operation was successful.

8. It is an admitted fact that the plaintiff had five male children. On 08.09.1993, she underwent laproscopic operation for birth control at the Perambalur Government Hospital. Thereafter, again she conceived and gave birth to child on 05.11.1994.

9. The case of the plaintiff is that operation was not properly conducted and due to negligence of the Doctor, who conducted birth control operation, she gave birth to male child. Hence, she claimed 50,000/- rupees https://www.mhc.tn.gov.in/judis damages with interest. Both the Court below concurrently held that defendants 1 to 4 liable to pay compensation as they failed to discharge their duty that there was no medical negligence on their part.