JUDGMENT : 1. This appeal is barred by limitation from 121 days. 2. An application is preferred to have condonation of the same. Ignoring the delay in filing the appeal, we have looked into merits of the case. 3. The case of the appellant is that learned Single Bench erred while accepting writ petition preferred by the State of Rajasthan and its other functionaries giving challenge to the order passed by the Permanent Lok Adalat, Churu, awarding a compensation in a tune of Rs.1,00,000/- against failure of sterilization operation, performed by Smt. Sarita Gupta, Medical Officer, Community Health Care, Rajgarh. 4. According to the appellant, the State Government being a welfare State and also being a crusader to initiate and promote sterilization programme is supposed to pay compensation on failure of sterilization. It is further submitted that for upbringing of child necessary expenditure is required to be made by the appellants and that is to be contributed by the State too. 5. We do not find any merit with the argument advanced. 6. No compensation could have been awarded without arriving at a conclusion that there was some negligence on part of the doctor performing sterilization. 7. From perusal of the judgment impugned, it is apparent that the Permanent Lok Adalat nowhere arrived at a conclusion about negligence of the doctor performing surgery. Hon'ble Supreme Court in the case of State of Punjab v. Shivram reported in 2005 (2) WLC (SC), 500 while dealing with the same issue, held that without having any finding about negligence of Surgeon or its employer, no damages could have been awarded as a tortuous liability. 8. In entirety, the appeal deserves to be dismissed being bereft of merits. Dismissed accordingly. 9. While dismissing the appeal, it is made clear that birth of the third child on account of failure of sterilization shall not be an impediment for the petitioner or her husband under any restrictive provision with regard to employment or contesting elections or otherwise.