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august 2005

Supreme Court of India · 2005-08-25

STATE OF PUNJAB vs SHIV RAM .

Citation / case number
SC 2001/17778
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
SHIV RAM .
Author
R.C. Lahoti
Bench
CJI R.C. LAHOTI,C.K. THAKKER,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court addressed the issue of negligence in medical procedures, specifically regarding sterilization under the Family Welfare Scheme. The Court held that while the failure of sterilization operations can occur naturally, the State is liable for damages if the operation was performed negligently, as established under Section 80 of the Code of Civil Procedure. The Court upheld the lower courts' decision to award Rs.50,000 in damages to the plaintiffs, emphasizing the State's responsibility in ensuring the effectiveness of medical procedures it promotes.

STATE OF PUNJAB vs SHIV RAM . · Niyam