Mr. Justice V. Balakrishna Eradi, President— The complainant who is a Marine Engineer by profession has come up with this complaint seeking to recover a compensation of Rs. 55,90,000/- from the Opposite Parties herein namely, (1) Dr. N. Banka, a Consultant Gastroenterologist of Bombay; and (2) the Medical Research Centre, Bombay Hospital Trust, Bombay alleging that because of negligence amounting to deficiency in service on the part of Opposite Parties in diagnosing and treating the complainant while he was an in patient in the Bombay Hospital under the treatment of Opposite Party No. 1 from 17th March, 1992 to 24th March, 1992 the complainant had suffered severe damage to his heart muscles resulting in impairment of the complainant’s earning capacity on account of his inability to resume his duties as an Engineer on the ship.

2. The case of the complainant is that on or about 15th march, 1992 he had suddenly developed severe pain in the region of his chest and abdomen and hence he was rushed to the Sion Hospital. The Doctors of the Sion Hospital took his electrocardiogram immediately after his admission into the said institute and his E.C.G. was absolutely normal. On 16th Marc