Mr. Justice S.A. Shah, President—The complainant is the husband of deceased Baluben who is alleged to have expired on account of the negligence of nurse Parmar Navalben Balabhai at Primary Health Center, Nana and Dr. Kanchanlal Shah, Owner of Ashirvad Surgical and Maternity Hospital, Harij.

2. The short facts that lead to this complaint are as under :

The wife of the complainant Baluben Gopalbhai was pregnant and delivered one child at Village Overawed in her residence in presence of 2 ‘dais’. After the delivery of one child, it appeared to the Dais that there was a second child in the womb which could not be delivered for a long time and, therefore, the husband was advised to take the wife to Nana where the Primary Health Center was situated. In the early morning Bahiben was transported to Nana by camel cart. She was treated at Nana by Navalben and Dr. Vaghela whose certificate is produced at Annexure-1. Though the complainant has made several allegations against Navalben, it appears from the certificate that the patient was brought to the Primary Health Center, Nana at 7.30 a.m. on 6.12.91 with history of twin child, first delivered at home at about 12 midnight on 5.12.91 and