Dr. P.D. Shenoy, Member—Case of the complainant:

Smt. Mohinder Kaur was admitted for surgery at Post Graduate Institute of Medical Education & Research, Chandigarh(hereinafter referred to as PGIMER) at 1 p.m. on 7.3.2001 in the emergency ward under the supervision of Dr. V.K. Khosla, Head of Neuro-Surgery Department. Tests recommended by Dr. Khosla were conducted on 08.03.01. It is the say of the complainant that angiography of the brain and other tests confirmed leaking aneurysm in the brain and immediate surgery was advised which was not done. Surgery was not performed on 9.3.01 due to ‘Holi’ holiday and non-availability of staff. Dr. Khosla assured the complainant that the surgery would be conducted on 10.3.2001 and the complainant should make necessary arrangements like purchase of medicines etc. At about 1.30 p.m. on 10.3.2001 the complainant was told by the opposite parties that operation theatre(hereinafter referred to as OT) was not available. The condition of the patient continued to deteriorate and, therefore, on 11.3.2001 she was admitted to intensive care unit after it was declared that her brain was dead. Patient was declared dead eventually on 14.3.2001. Alleging