JUDGMENT :

A.S. Bopanna,J.

1. The appellants in all the above three appeals are assailing the order dated 13.08.2009 passed by the National Consumer Disputes Redressal Commission, New Delhi (“NCDRC” for short) in Original Petition No.289/1997. Through the said order, the NCDRC has held the appellants herein guilty of medical negligence and has directed payment of Rs.17,00,000/- (Rupees Seventeen Lakhs only) with interest at the rate of 9 % per annum from the date of filing the complaint till the date of payment. The appellant in Civil Appeal No.7380/2009 is the doctor who administered anaesthesia to the patient. The appellant in C.A. No.6933/2009 is the hospital wherein the operation was performed. The appeal bearing C.A. No.8118/2009 is filed by the New India Assurance Company Limited from whom the anaesthetist and the hospital had taken separate policy to the extent limited under the policy.

2. The brief factual matrix leading to the above case is as here below. The patient Smt. Jasbeer Kaur, wife of the first claimant and mother of claimants 2 and 3 before the NCDRC visited the appellant hospital on 08.10.1996 and was diagnosed with kidney stone in her right kidney. She was advised