S. Chandra Mohan Nair, Member—This complaint is filed alleging medical negligence on the part of the opposite party who is a Child Specialist by profession. The first and second complainants are the parents of the 3rd complainant who underwent treatment in the clinic of the opposite party. The complaint was filed in 1998. Unfortunately, the 3rd complainant passed away on 29-04-2002 while the case was under adjudication before this Commission.

2. The 3rd complainant was 8 years of age in 1995 who was studying in the IIIrd standard at Government U.P. School, Adakathode and he was very healthy, bright and smart according to the complainants. It is the case of the complainants that on

14-09-1995, the 3rd complainant suffered from ordinary fever and was taken to the opposite party for treatment. The opposite party was the only Paediatrician near the residence of the complainants and that without any proper examination and stating that it was only a common fever, the opposite party gave an injection on the left buttock of the 3rd complainant (patient) and gave two tables, one to be taken in the evening of the same day and the other to be taken next day morning. The opposite party