B.N. Kirpal, J.—The appellants are aggrieved by the judgment of the Aurangabad Bench of the Bombay High Court which has reversed a decree for Rs. 36,000/- passed by the Civil Judge, Second Division, Aurangabad, as damages on account of the death of one Chandrikabai who was the wife of appellant No. 1 and the mother of appellant Nos. 2 to 5, after she had undergone a sterilisation operation at the Civil Hospital, Aurangabad.

2. The case of the appellants before the Trial Court was that the deceased Chandrikabai was admitted in the Civil Hospital, Aurangabad on 10th July, 1963, for delivery of a child. This maternity hospital is attached to the Medical College at Aurangabad and respondent No. 2 was working in the department of Obstetrics and Gynaecology as a doctor and it is she who attended on Chandrikabai. Respondent No. 3 was the Medical Officer of the said hospital while respondent No. 4 was the Dean of Medical College, Aurangabad. Chandrikabai delivered a male child on 10th July, 1963. As she had got herself admitted to this hospital with a view to undergo a sterilisation operation after the delivery, the said operation was performed by respondent No. 2 on 13th July, 1963