NCDRC

NCDRC

RP/1205/2010

TOSTA ALIAS TOSYA - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. & ORS. - Opp.Party(s)

M/S. LAV KUMAR AGRAWAL & ASSOCIATES

23 Apr 2010

ORDER

Date of Filing: 26 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1205/2010
(Against the Order dated 03/11/2009 in Appeal No. 112/2009 of the State Commission Uttaranchal)
1. TOSTA ALIAS TOSYAR/o. Village Jahaj Garh, Block Bhagawanpur, Tehsil RoorkeeHaridwarUttrakhand ...........Appellant(s)

Vs.
1. ORIENTAL INSURANCE CO. LTD. & ORS.Through Manager, Regd. Office: Oriental House, P.O. No. 7037, A-25/27, Asaf Ali RoadNew DelhiDelhi2. SMT. ASHA SHARMA, MEDICAL OFFICERDepartment of Health Centre, Bhagwanpur, Block Bhagwanpur, Tehsil RoorkeeHaridwarUttrakhand3. UTTRAKHAND GOVERNMENTThrough Chief Medical Officer, H.M.G. Civil HospitalHaridwarUttrakhand4. CHEIF MEDICAL OFFICERH.M.G. Government OfficerHaridwarUttrakhand ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :M/S. LAV KUMAR AGRAWAL & ASSOCIATES
For the Respondent :NEMO

Dated : 23 Apr 2010
ORDER

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          The case of the complainant is that she delivered a child in spite of getting the sterilization operation done by the respondents on 29.1.2005.  District Forum allowed the complaint.  In appeal, State Commission has reversed the same relying upon two judgements of the Supreme Court and a judgement of this Commission in which it has been held that Family Planning Operation can fail due to several reasons and the doctors cannot be blamed for the same.  This Commission has held that in case of Family Planning Operation performed in a Govt. hospital free of charge, Govt. doctor or the State Govt. cannot be held liable to pay any compensation.

            We agree with the view taken by the State Commission.  In view of the judgements of the Supreme Court, petitioner was not entitled to any compensation.  Dismissed.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER