B.K. Taimni, Member—These three appeals arise form a common order passed by the State Commission, upon a complaint filed by Roji George and others(Appellants in Appeal No.125 of 2000). Appellants in Appeal No. 263 & 8 of 2000, were the opposite parties No. 2 & 3 respectively before the State Commission.

2. Briefly stated the facts leading to filing the complaint were that the complainant Roji George had some nasal problems, for which he approached the second respondent Dr. P.C. Koruthu, ENT Surgeon for correction of deviated nasal septum to left with enlargement of inferior concha. Dr. Koruthu advised ‘septoplasty’ for which Roji George was admitted in the St. Gregorious Mission Hospital on 30.6.97 and was taken-up for surgery on 1.7.97. After pre-operative anaesthetic test, the surgery was started at 9.45 a.m. on 1.7.97 under general anaesthesia. But later on it came to the knowledge of the complainant that when the surgery was started there was fall in B.P. of complainant Roji, for which certain medicines were given but later on the patient Roji lost his heart-beat and went into cardiac arrest. There was delay in his revival of 3 to 5 minutes, it is this which resulted in da