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It is evident from the aforesaid rulings that the Courts in different countries are not unanimous in allowing the claim for damages for rearing up the unwanted child born out of a failed sterilization operation. In some case, the Courts refused to allow this claim on the ground of public policy, while in many others, the claim was offset against the benefits derived from having a child and the pleasure in rearing up that child. However, ­: 18 :­ in other cases if the sterilization was undergone on account of social and economic reasons, particularly in a situation where the claimant had already had many children, the Court allowed the claim for rearing up of the child.
No doubt, the public policy requires that the child Satish should not learn that the Court had declared its life to be a mistake, yet on the other hand, the pain and suffering caused due to discomfort associated with unwanted pregnancy as a result of failed sterilization operation and ­: 25 :­ with birth of the child and financial loss caused on account of the expenses for the unwanted child in order to feed, clothe, educate and care for the child till he becomes a major are the conditions which cannot be ignored for which damages can be awarded.

­: 26 :­ Therefore, keeping in view the economic and social background of the plaintiff Nirmala and other circumstances as discussed herein above, in my considered opinion the interest of justice would be met by enhancing the damages so awarded to the plaintiff Nirmala from Rs.10,000/­ to Rs.1,00,000/­ of which Rs.13,600/­ is being awarded to Nirmala on account of pain and suffering caused to her due to birth of unwanted child and Rs.86,400/­ is being awarded as the expenses of the child born due to the failed sterilization operation alongwith the interest on the said amount @ 10% from the date of institution of suit till the realization of the said amount in terms of which the judgment and decree dated 10.1.2005 is accordingly modified. It is clarified that since the specific negligence attributed to the doctors who had operated Nirmala have not been proved, hence the damages so awarded shall not liable to be recovered from the doctors.