Dr. Jatin P. Vaidya, Member—Complaint No. 252 of 93 is filed by opponent No. 6 in Complaint No. 77 of 93 and she has filed this complaint for indemnification from the New India Assurance Company Limited in case she is held liable to pay compensation to the complainants of Complaint No. 77 of 1993. Thus, the two complaints being interconnected, they are disposed of by this common judgment. The complainants and opponents of Complaint No. 77 of 1993 are hereinafter referred to as complainants and opponents for the sake of convenience.

2. Complainants in this case are the widow and children of late Dineshchandra Kothari who died during operation. The complainants claim that late Mr. Kothari died due to negligence and deficiency in service by opponents-Navdeep Clinic & Hospital and doctors named in the complaint and compensation of Rs. 8,20,000 /- be paid.

3. Brief observations of case are that Shri Dineshchandra had sustained injury to his right arm about six months prior to seeing the opponents. Patient initially took treatment at Surendranagar where he underwent Orthopaedic surgery of insertion of plate and screws in his right forearm and was later on sent home. He saw opponent Dr