Mr. B.K. Taimni, Member—Appellant was the complainant before the State Commission, where she had filed a complaint alleging medical negligence on the part of the respondents/opposite parties.

2. Very briefly, the facts of the case are that the complainant’s husband late Mr. Chandrabhan Jaiwansi, who was a patient of chronic headache and hypertension, for which he was being treated by one Dr. Kundi, who in turn, referred the deceased’s case to the first respondent Dr. Gurbani for Electro-conclusive Treatment (ECT). The deceased was under treatment from 20.2.1992 onwards and had seen the respondents on 20.2.1992, 22.2.1992 and 25.2.1992. It is the episode of 26.2.1992 which was under the challenge before the State Commission. It is stated that on 26.2.1992 at 2.00 p.m., the deceased was removed to the operation theatre where he was sitting on stool and he suddenly collapsed and the sister attending on the deceased rushed to inform the first respondent and he tried to revive the deceased by resuscitation and other methods but he died in operation theatre. The matter was reported to the Police. Post-mortem was done. It was the case of the complainant that Dr. Gurbani is not the qua