Mr. Sunil Kanti Kar, Member—This is a complaint case so preferred by one Alok Chakraborty on the alleged negligence of the opposite parties causing untimely death of his wife Shankari Chakraborty.

2. The facts in short as alleged by the complainant is that the petitioner-Alok Chakraborty’s wife Shankari Chakraborty since deceased on 29.10.93 had an attack of fever with loose motion, stomach pain and cold and coughing of blood, etc. and the petitioner at that point of time consulted Dr. N.G. Chakraborty who prescribed certain medicines and further advised for few pathological tests and X-ray, Subsequently the complair ant/petitioner contacted Dr. A.K. Sil, the opposite party No. 2 on 27.10.93 and as per the advice of Dr. Sil the said Shankari Chakraborty was taken to Ecstasy Nursing Home and Diagonostic Services for all pathological tests. After the said pathological tests when it appeared that the said Shankari Chakraborty had some breathing trouble due to cough and cold, to give her best medical treatment as per advice of Dr. A.K. Sil she was admitted in the said Ecstasy Nursing Home and Diagonostic Services as Dr. Sil diagnosed Pneumonitis provisionally.

3. That on 28th Octobe