Mr. Justice A.L. Bahri, President — Vide this order two complaints are being disposed of as the pleadings of the parties are common. The cases were received on remand vide order dated 23.4.1996. After remand, parties produced evidence in OC No. 59/1993. Orally, it was suggested that these cases were earlier consolidated. At the time of preparing Judgment however, it is noticed that on the proceedings of the cases, there was no such order. Since parties produced evidence in OC No. 59/1993 after remand and before that evidence produced in both the cases was the same, except that the affidavits of the two complainants separately were filed in each of the case.

2. In this complaint, Harbhajan Singh is the complainant. His wife Surjit Kaur is the complainant in the connected case. Their son Dr. Dilpreet Singh, suffered injuries in an accident, which occurred on April 10,1993. He was working as Registrar-cum-Post Graduate Student in the Department of Surgery, Daya Nand Medical College and Hospital, Ludhiana (opposite party No. 1). The accident took place at the main bus stand, Ludhiana. He was brought to Daya Nand Medical College and Hosptial (in short known as DMC). At the time of a