Mr. Justice L. Manoharan, President—Complaint by the husband, children and in-laws of late Mrs. Annamma. The complainants seek for compensation for the death of Annamma on the allegation of negligence and deficiency of service by the first opposite party-doctor who according to the complainant is an employee of the second opposite party hospital.

2. The allegations in brief are : That on 13.10.1997 while deceased Annamma was cooking she tasted a piece of meat which got stuck in her throat as a result of which she felt discomfort and pain, and she was taken to the second opposite party hospital whereafter examination by the duty doctor and having taken X-ray, she was examined by the first opposite party, the E.N.T. Surgeon, and oesophaguscopy and removal of foreign body under general anaesthesia was done on the next day, i.e., on 14.10.1997 at about 8.30 a.m. Foreign body was visualised at 38 cms. down, since the meat piece was too large to be negotiated and taken out it was dislodged to the stomach which was 2 cms. lower. Thereafter, she was given antibiotic and anti-inflammatory drugs and was removed to the post operative recovery room where she continued till about 5.30 p.m.