JUDGMENT :

M.S. Karnik, J.

1. This is an unfortunate case relating to the death of a baby boy born to the respondents. According to the respondents, the petitioners were negligent in performing their respective duties and due to lack of proper medical treatment the baby died on 9th July, 2010. The respondents approached the Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’ for short) established under Subsection (b) of Section 9 of the Consumer Protection Act, 1986 (hereinafter referred to as "the said Act" for short) for compensation alleging medical negligence on the part of the petitioners. The State Commission after considering all the materials and evidence on record arrived at a finding that there has been no medical negligence on the part of the petitioners. The complaint for compensation came to be dismissed. Thereafter the respondents filed an Appeal before the National Commission which came to be withdrawn as the respondents wanted to approach the Civil Court. The respondents therefore filed a suit before the Civil Court, claiming compensation for medical negligence. The case made out before the Civil Court is more or less on the same