Mr. Justice G. Balagangadharan Nair, President — The complaint’s brother one Jacob was bitten by a poisoness Cobra (Anali) on 17.9.1989 at about 12.45 PM. He was admitted to the opposite party’s hospital, by name Karithas Hospital, Thellakom P.O., Kottayam District at about 2.30 PM the same day. Despite the treatment given to him there he died in the Hospital itself. The complainant alleges that the death was due to the negligent treatment given to him by the doctors in the Hospital. According to him Jacob was the sole supporter of the family consisting of himself, his father and sister and by his premature death (he was only 21) the family has been rendered destitute. He therefore claims compensation of 10 Lakhs of rupees from the opposite party. Pursuant to the notice the opposite party entered appearance and filed his version denying the negligence attributed to him and the hospital. He was detailed the treatment given to Jacob and disowned responsibility for Jacob’s death.

2. The case was thereafter posted for evidence. After taking two adjournments the case came up for hearing on 8.1.1991. At the hearing it was represented by the complainant that he might be given a chance to examine witnesses and to engage a counsel. By way of indulgence we granted this request and posted the case to 21.1.1991. On that day he appeared and filed a statement that despite his best efforts he was not able to procure the assistance of any competent doctor to give evidence, that the doctors whom he contracted were reluctant to give evidence against their brother doctors and a medical institution. He also submitted that he was unable to engage any counsel.

3. In these circumstances we have to dispose of the case on the materials on record. There is nothing to show that the doctors who attended on Jacob were in-different or negligent in the treatment or that Jacob died on account of their professional negligence. The complainant on his showing was unable to establish the case of negligence. We have thereafter to hold that he has not proved his case and that the complaint has only to be dismissed.”

4. We dismiss the complaint. No costs.

Complaint dismissed.