Mr. Justice P. Ramakrishnam Raju, President—The facts of the case in brief are that the complainant’s husband late K.J. Thomas, hereinafter called ‘the deceased’, aged about 32 years was working as fitter in a private industry drawing a salary of Rs. 1,735/- per month. While so complaining fever he approached the opposite party nursing home for treatment on 23.8.1995 where he was given two injections and prescribed some medicines on collecting necessary charges. After using the medicine prescribed by the doctor the deceased got severe pain in the right leg. He approached the doctor again on 24.8.1995 and took treatment till 25.8.1995 as in-patient. However he was taken to Nizam’s Institute of Medical Sciences (NIMS) in a critical condition where he died on the same day at 11.00 p.m. after undergoing operation. All this happened due to the wrong treatment given by the doctor. The discharge certificate issued by NIMS shows the cause of death as cardiac arrest due to gas gangrene. Hence she claims a compensation of Rs. 7 lakhs.

2. In the written version filed by the opposite party it is stated that the deceased had undergone treatment for recurrent fever with chills and rigors at