B. K. Taimni, Member—Appellants were the complainants before the State Commission, where they had filed a complaint alleging deficiency in service on the part of the respondents.

2. Very briefly the facts leading to filing the complaint were that the husband of the first complainant and the father of the second complainant/appellant approached the first respondent Hospital with the complaint of stomach pain at about 12 in the midnight on 7.10.97. He was given injection and after sometime when he was about to go home, he vomited blood and immediately the deceased was admitted in I.C.U. He again vomited blood at about 4:30 p.m. on the next day, i.e., on 8.10.1997 and was transferred to Apollo Hospital at about 6:30 p.m. where he was declared brought dead. It was the case of complainants/appellants before the State Commission that this was medical negligence on the part of the respondents for the following reasons:

1. There was no definitive treatment given to the patient;

2. The blood transfusion was not given immediately;

3. No specialists were called for;

4. Endoscopy was not done; and

5. Gastro Enterologist was not called in.

3 .Upon admission of the complaint, the