Mr. Justice Chandrashekaraiah, President—This appeal is by the complainant challenging the Order of the District Forum dismissing his complaint.

2. The facts in this case are as follows :

The wife of the complainant (for short, the “Patient”) was admitted to the opposite party (for short, the “O.P.”) No. 1 Hospital on 16.5.1991 as she was advised to undergo an operation on 17.5.1991 on the advice of O.P. No. 2. On 17.5.1991, a “Trial Vaginal Hysterectomy” was conducted by O.P. No. 2. But the said operation was unsuccessful as the bleeding continued even after the operation. Therefore, the complainant requested O.P. No. 2 to consult an expert so that the life of the patient may be saved. Thereafter, one Dr. Gopal, a Physician, examined the patient and reported that the patient was suffering from acute Jaundice and had persistent vomiting. As the patient was suffering from Jaundice, O.P. No. 2 ought not to have conducted an operation for Vaginal Hysterectomy.

3. After coming to know that the patient was suffering from Jaundice, the second operation was conducted on 1.6.1991 for abdominal packing to stop bleeding. According to the complainant the patient died due to the negligence