( 1 ) IT is most unfortunate that the life of plaintiff s wife, Smt. Gayatri Devi had been snatched by the cruel hands, but the question for determinaion is whose hands were those? Were those of a doctor, attending upon her or of the Supernatural powner controlling this universe? If the answer is that those hands were of a doctor then we have to keep in mind that to err is human though all errors are not pardonable nor all errors are deliberate and intentional. ft is only when the enror arose out of sheer negligence and carelessness or callous treatment of the patient by the doctor or because of the act of the hospital authority, the aggrieved party would be entitled to claim compensation/damage for having lost the near and dear one. It will thus be called causing death at the cruel hands of that human being the so called doctor.

( 2 ) SMT. Gayatri Devi wife. of the plaintiff Sh. M. L. Singhal, died on 21st August, 1978. Plaintiff filed the suit claiming damages against Dr. Pardeep Mathur defendant No. I as well as against Sir Ganga Ram Hospital, defendant No. 2 for causing death to his wife by not treating her properly and for poor nursing. According to plaintiff Sm