Dr. P.D. Shenoy, Member—This is a case pertaining to the death of the child suffering from Hirschsprung’s Disease (H.D.) after seven days of its birth due to the alleged negligence by a Pediatrician and Pediatrician Surgeon. The parents of the child have claimed compensation of Rs. 28 lakh.

Facts of the case:

2. The complainant No. 1, Mrs. Mandira Saha is the mother of the deceased child. Complainant No. 2, Shri Gopal Krishna Saha is the husband of Mrs. Mandira Saha, complainant No. 1 and father of the deceased child. Opposite party No. 1, Dr. Ujjal Chatterjee is a Consultant Pediatrician attached to the North Bengal Clinic at Siliguri, where the delivery of the child and subsequent treatment took place. Opposite party No. 2, Dr. Abhishek Biswas is a Consultant Child Surgeon.

3. Mrs. Mandira Saha conceived for the fifth time on 12.3.1999 and consulted Dr. Salil Dutta, Consultant Gynaecologist, the Family Physician on several dates after the 10th week of the pregnancy till the date of delivery. On 27.8.99, the complainant delivered a female baby at about 1.30 a.m. The baby was born after 34 weeks of gestation period (i.e. the expected date of delivery as scheduled in the prescript