Mr. Justice D.P. Wadhwa, President—Complainant is the son of Mrs. Krishna Seth who died on 31.10.1993 in the opposite party’s hospital. Complaint is that the death was due to gross negligence on the part of the Regency Hospital Ltd. (for short Hospital). This complaint was filed on 28.4.1994. Admittedly when the complaint was filed, father of the complainant (husband of the deceased) was alive and the deceased was also survived by her other son. Neither his father nor his other brother are parties to this complaint. During pendency of the complaint it is stated that the father expired. During the course of arguments when this flaw in the complaint was pointed out, an application was filed on 16.10.2001 to bring on record Mr. Amar Seth, brother of the complainant also as a complainant. Since no objection was raised by the opposite party-Hospital, memo of parties was allowed to be amended and Amar Seth was added as second complainant.

2. Complainant is claiming damages on two counts. Rs. 40.00 lakhs towards causing untimely death of Krishna Seth due to gross negligence and deficiency in service on the part of the Hospital including the doctors and nurses and for the mental agony