Mr. Justice S.N. Kapoor, Presiding Member—This judgment shall dispose of two appeals. F.A. No. 458 of 1996 filed by complainants/appellants for allowing the appeal and awarding compensation as well as appeal No. 96/97 filed by Dr. Sunil Malhotra for not only dismissing the complaint of Saleemuddin but also awarding exemplary cost for filing forged and tampered documents for misleading the Court and thereby polluting the purity of justice.

2. Legal heirs of late Alauddin, 7 sons, 3 daughters and a widow Ms. Husnara Begum have filed complaint against Dr. Sunil Malhotra for alleged deficiency in medical service leading to death of Alauddin claiming Rs. 3,75,000 for the mental agony and pain suffered by them along with Rs. 20,000 for expenses incurred on the treatment and Rs. 10,000 as costs with interest @ 18% p.a. The complainants alleged negligence and deficiency in alleged surgical operation on 23rd June, 1993 carried out on Mr. Alauddin by the opposite party, Dr. Sunil Malhotra.

3. The deceased Alauddin had tumor in his right axilla with supra clavicular lymph modula on right side. He was examined in Citi Lab, New Delhi. Cytology report dated 27th May, 1993 issued by that Labor