Dr. Savita Datyal appealed the Single Judge's order upholding the Liability of Pensioner Scheme compensation award against her hospital for reporting a child's gender incorrectly. The High Court dismissed the appeal.
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.
223
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
LPA No.2300 of 2017 (O&M)
Date of Decision: 02.09.2024
Dr. Savita Datyal
…..Appellant.
Versus
The Permanent Lok Adalat (PUS), Rupnagar and others
.....Respondents.
CORAM: HON’BLE MR. JUSTICE G.S. SANDHAWALIA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present:Mr. Akshay Kumar Goel, Advocate for the appellant.
G.S. SANDHAWALIA, J . (Oral)
The challenge in the present Letters Patent Appeal is to the judgment dated 26.10.2017 passed by learned Single Judge in CWP No.22743 of 2017 , whereby the Award dated 21.08.2017 passed by respondent No.1 on the application under Section 22-C of the Legal Services Authorities Act, 1987 (for short ‘the Act’) filed by respondent No.2 was upheld. Vide the order dated 21.08.2017, the appellant was directed to pay Rs.50,000/- as compensation for mental agony along-with Rs.10,000/- as cost of litigation to respondent No.2, which has been upheld. 2. Learned Single Judge has dismissed the writ petition in limine . Perusal of the impugned judgment reveals that apparently the private respondent No.2 was blessed with a female child on 25.12.2015 and the intimation received from the hospital of the present appellant which had
YAG DUTT 2024.09.04 15:51 I attest to the accuracy and authenticity of this order/judgment
LPA No.2300 of 2017 (O&M) -2-
been sent to respondent No.3-Municipal Council, Nangal was regarding birth of a male child. It is in these circumstances, a complaint had been filed by respondent No.2, father of the child, that he had not been able to obtain the insurance policy in the name of his daughter and could not deposit the amount in the Post Office in Sukanaya Samridhi Yojna in her name as the sex of the girl child was necessary for that purposes. It is noticed that it was only on 30.05.2016 (Annexure P-6), the intimation had been sent from the institution of the present appellant to respondent No.3Municipal Council, Nangal regarding the factum of mistake as such and it was, admittedly, due to the clerical mistake, wrong report was made.
YAG DUTT 2024.09.04 15:51 I attest to the accuracy and authenticity of this order/judgment
LPA No.2300 of 2017 (O&M) -3-
provision mentioned. Section 22A(b)(xvi) for the services relating to the registration of Birth and Death is not the issue herein as it is on account of sending the wrong intimation at the hands of the hospital of the present appellant, the complaint has been moved by the private respondent. In such circumstances, the compensation which has been awarded seems to be just and fair towards the harassment caused to respondent No.2.
(G.S. SANDHAWALIA) JUDGE
(MEENAKSHI I. MEHTA) September 02, 2024 JUDGE Yag Dutt Whether speaking/reasoned: Yes Whether Reportable: No
YAG DUTT 2024.09.04 15:51 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether the appeal is maintainable when the Single Judge dismissed the writ petition in limine.
Whether the registration of birth constitutes a public utility service within the meaning of Section 22A(b) of the Legal Services Authorities Act.
1 provisions across 1 enactments
Dr. Savita Datyal
The Permanent Lok Adalat (PUS), Rupnagar
G.S. Sandhawalia
Meenakshi I. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
