The High Court held that claims for compensation regarding the alleged failure of a birth control operation involve disputed questions of fact and law. Consequently, the writ petition was disposed of with directions to file a civil suit.
The petitioners were directed to file a civil suit to determine the claim for compensation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No.12573 of 2013
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.12573 of 2013 Date of decision:08.02.2017
Pawan Kumar and another ... Petitioners
Vs.
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. Gaurav Deep Goel, Advocate for the petitioners.
Mr. Sandeep Singh Mann, Sr. DAG, Haryana.
AMIT RAWAL J. (Oral)
The petitioners have sought the following relief:-
“Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to give compensation of Rs.15 lacs on account of mental agony and harassment suffered by petitioner and his family on account of failure of birth control operation undergone by the petitioner no.2 and to give monthly/yearly financial assistance to the petitioners to upbring the child;
Further, directions be issued to respondents to initiate departmental and criminal action against respondent no.4 for negligence.
Savita 2017.02.16 14:04 I attest to the accuracy and integrity of this document High Court Chandigarh
CWP No.12573 of 2013
{2}
AND/OR
Any other order, writ or direction which this Hon'ble Court may deem fit in the facts and circumstances of the case.”
For claiming damages, in my view, remedy for the petitioners is to file a civil suit. It is yet to be proved, whether the operation was successful or not. Even perusal of document (Annexure P-2) reveals that sometimes the operations are not successful. Since the writ petition involves the disputed question of fact and law which can only be adjudicated by leading direct and cogent evidence. In my view, this Court cannot undertake the task of determining the compensation/damages. The petitioners are at liberty to file a civil suit. The time spent in this Court will be condoned by invoking the provisions of Section 14 of Limitation Act, in case the aforementioned remedy is availed.
Accordingly, the writ petition stands disposed of.
| (AMIT RAWAL) JUDGE |
|
|---|---|
| February 08, 2017 savita |
|
| Whether Speaking/Reasoned | Yes/No |
| Whether Reportable | Yes/No |
Savita 2017.02.16 14:04 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether this Court can determine compensation for failure of a medical procedure in a writ petition involving disputed facts.
2 provisions across 2 enactments
Pawan Kumar and another
State of Haryana and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
