The High Court opined that the woman had voluntarily approached the primary health centre and had given her consent in writing before undergoing the operation. It noted that the surgery was free of cost and that she never approached the concerned doctor or the health centre informing them about her pregnancy despite the surgery.
“Considering the fact that the entire operation firstly was voluntarily undertaken by the plaintiff, secondly she having given consent in writing in this case and thirdly there is no evidence so far as any negligence or lapse on the part of the appellants side or for that matter on the Doctor who had conducted the operation, the judgment and decree of the payment of compensation as damages by the Court below does not seem to be proper, legal and justified,” the Court ordered.
Therefore, the bench quashed and set aside the lower court’s orders.
Government Advocate Avinash K Mishra represented the State. None appeared for the woman.
Source: Barandbench
