The High Court of Rajasthan dismissed a writ petition challenging the Permanent Lok Adalat's rejection of a woman's compensation claim for pregnancy after alleged sterilization. The Court upheld the Adalat's finding that sonography reports indicated the pregnancy predidated the operation.
The writ petition and the stay petition are dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 9903/2021
Smt. Seema Kanwar W/o Shri Man Singh, Aged About 28 Years, Siwana, At Present Datrai, Tehsil Revdhar, District Sirohi (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Gajendra Panwar For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/08/2021
The writ petition has been filed by the petitioner being aggrieved with the order dated 07.07.2021 passed by the Permanent Lok Aadalat, Sirohi, whereby the application preferred on behalf of the petitioner under Section 22 of the Legal Services Authority Act has been dismissed.
The petitioner has filed the complainant under Section 22 of the Legal Services Authority Act before the Permanent Lok Aadalat, Sirohi alleging that her sterilization operation was conducted on 11.11.2014 at Government Community Health Center, Revdhar, however, despite that, she become pregnant and
(2 of 2)
[CW-9903/2021]
on account of suffering from mental and physical agony, the compensation of Rs.5,00,000/- be awarded to her. Despite service of notice, the respondents have not appeared before the Permanent Lok Aadalat, Sirohi, however, it has rejected the complaint filed by the petitioner while taking into consideration the fact that as per the sonography report dated 23rd February, 2015, produced by the petitioner herself, it is clear that on the day of sonography, the fetus was 16 weeks and 6 days and as such, the petitioner was pregnant for last four months i.e. prior to the date of sterilization.
The Permanent Lok Aadalat, Sirohi is of the view that from the sonography report it can be assumed that on the day of sterilization the petitioner was already conceived and as such she has failed to prove that she conceived after the sterilization operation.
Having heard learned counsel for the petitioner and after going through the undisputed facts of this case, I do not find any illegality in the impugned order passed by the Permanent Lok Aadalat, Sirohi.
Hence, this writ petition is dismissed.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
103-Arun/-
2 issues framed by the court
Whether the dismissal of the compensation claim under Section 22 of the Legal Services Authority Act by the Permanent Lok Adalat is to be quashed.
Whether the petitioner proved that she conceived after the sterilization operation.
1 provisions across 1 enactments
Smt. Seema Kanwar
State Of Rajasthan
Chief Medical And Health Officer, Sirohi
Government Hospital, Sirohi
Medical Officer, Revdhar
Permanent Lok Adalat, Sirohi
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
