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