Complainant/petitioner filed the complaint before the District Forum with the allegation that petitioner No.2, who is the wife of petitioner No.1, had undergone a tubectomy operation on 24.5.1997.  The operation was done by Senior Medical Officer of Primary Health Centre, Mulana, Distt. Ambala – Respondent No.3.  In spite of tubectomy, the petitioner No.2 conceived in the month of September/October 2000 and gave birth to a female child on 13.6.2001. 

          District Forum, vide its order dated 18.3.2005, allowed the complaint and directed the respondent to pay a sum of Rs.50,000/- as compensation for nourishment and upbringing of the child, Rs.1,000/- as costs and Rs.5,000/- as compensation for harassment and mental agony caused to the complainants.  District Forum relied upon a judgement of the Supreme Court in State of Haryana and Ors. vs. Smt.Santra – AIR 2000 Supreme Court 1888, which has been rendered by a two-Judge Bench.      

Aggrieved by this, the respondent filed an appeal before the State Commission.  State Commission reversed the decision of the District Forum relying upon a judgement of this Commission in Lakshmi vs. Director of Medical Services, Family Planning & Welfare Department & Anr. – 2008(1) CPC 672.  In the said case, this Commission had relied upon a later judgement of the Supreme Court in State of Punjab vs. Shiv Ram & Ors. – 2006 CCC 1 NS, which has been rendered by a three-Judge Bench.

Since the judgement in Shiv Ram’s case (supra) is later in point and has been rendered by a three-Judge Bench, is binding on us.

In view of this, we find no infirmity in the order passed by the State Commission and dismiss the Revision Petition with no order as to costs.