RSA No. 4712 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:16.05.2011 RSA No. 4712 of 2010 (O&M) Gurmit Kaur ...Appellant Vs. Punjab State and others ....Respondents CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Som Nath Saini, Advocate for the appellant. **** M.M.S.BEDI, J, (ORAL). Suit of plaintiff-appellant for recovery of Rs. 2 lacs as damages on account of loss incurred to her on account of wrong operation for Tubectomy (Nasbandi) was decreed by the trial court, but the lower appellate court relying upon judgment of State of Punjab Versus Shiv Ram & Ors. 2005(4) RCR (Civil), 100 (S.C.) dismissed the suit and allowed the appeal of the State. Counsel for the plaintiff-appellant has submitted that in view of the fact that all the precautions have been taken by the plaintiff, she conceived as a result of which she would be entitled to compensation. I have considered the contention of the learned counsel for the plaintiff-appellant and gone through the statements of Gurmit Kaur as PW-1 and her husband Veer Singh as PW-2. Perusal of the cross-examination clearly indicates that they were instructed about the precautions to be taken and they have admitted that the plaintiff had not taken full precautions on each and every act of sexual intercourse. RSA No. 4712 of 2010 (O&M) -2- Counsel for the plaintiff-appellant has also placed strong reliance on State of Haryana Vs. Smt. Santra 2000 (2) RCR (Civil) 739 (SC) where decree awarding damages for medical negligence on account of a lady having given birth to an unwanted child on account of failure of sterilization operation was upheld. The said judgment has been considered by the apex court in Shiv Ram case and observed that the said judgment cannot be said to lying down any law of universal application. In view of the above circumstances, following judgment in Shiv Ram case I do not find any infirmity in the judgment passed by the lower appellate court. Appeal is dismissed. (M.M.S. BEDI ) JUDGE May 16, 2011 divyanshi