When surgeon should not be held liable for failed sterilization operation?

Civil – sterilization – appeal challenging decree of damages passed by High Court in favour of
respondents on ground that respondents having undergone sterilization operation became pregnant -
cause of action for claiming compensation in cases of failed sterilization operation arises on account of
negligence of surgeon and not on account of child birth - failure due to natural causes would not provide
any ground for claim - no finding arrived to hold operating surgeon or its employer liable for damages
either in contract or in tort - there are several alternative methods of female sterilization operation
recognized by medical science of today - none is foolproof and no prevalent method of sterilization
guarantees 100% success - causes for failure can well be attributable to natural functioning of human
body and not necessarily attributable to any failure on part of surgeon - judgments and decrees passed
by High Court and Courts below cannot be sustained – appeal allowed.
Equivalent Citation: AIR2005SC3280, 2005(5)ALLMR(SC)1090,
 2006(1)BomCR338, IV(2005)CPJ14(SC),(2005)7SCC1
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5128 of 2002
Decided On: 25.08.2005
Appellants: State of Punjab
Vs.
Respondent: Shiv Ram and Ors.
Hon'ble Judges: R.C. Lahoti, C.J., C.K. Thakker and P.K. Balasubramanyan, JJ.

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