The Court dismissed a writ petition challenging an order of the Permanent Lok Adalat which awarded compensation to a respondent for failure of a sterilization operation. Finding no manifest apparent error, the Court refused interference.
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CWP-8198/2006
1
In The High Court of Judicature for Rajasthan
Jaipur Bench, Jaipur
O R D E R
S.B. Civil Writ Petition No.8198/2006
The State of Rajasthan & ors. Vs. Basanti Lal & ors..
Date Of Order :: 05.11.2012
Hon'ble Mr. Justice Ajay Rastogi
Dr. Vibhuti Bhushan Sharma, AGC, for petitioners.
Instant petition is directed against the order of Permanent Lok Adalat dt.20/03/2006 granting compensation to the respondent for the reason that there was a failure of sterilization operation and she gave birth to a child thereafter.
Admittedly, the sterilization operation was conducted on 17/11/2004 and the respondent gave birth to a child thereafter. When she approached the authority for compensation, the Permanent Lok Adalat, Sawaimadhopur directed the petitioners to make payment of Rs.10,000/towards compensation regarding failure of sterilization operation.
Even otherwise, compensation awarded by the Permanent Lok Adalat is less than what has been indicated by the Government in its Circulars for payment of compensation in such cases of failure of sterilization operation.
CWP-8198/2006
2
After having gone through the order of Permanent Lok Adalat, this Court does not find any manifest apparent error in the same so as to call for interference.
Consequently, the writ petition fails and it is hereby dismissed.
(Ajay Rastogi),J.
Raghu/-p.2 8198-CW-2006-Final-.doc Certificate: -All corrections have been incorporated in the judgment/order being emailed/Raghu,PAJW
1 issue framed by the court
Whether the order of Permanent Lok Adalat granting compensation for failure of sterilisation operation warrants interference under Article 226 of the Constitution.
The State of Rajasthan & ors.
Basanti Lal & ors.
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
