Prabir Kumar Samanta, President—This appeal is by the Superintendent, Gandhi Memorial Hospital, Kalyani Nadia against the judgment and order passed in a case of medical negligence thereby directing the said Gandhi Memorial Hospital to pay compensation for an amount of Rs.l,00,000 and litigation cost of Rs.2,000 to the complainant for death of his mother because of deficiency in service on the part of the said hospital in the treatment of his mother.

The facts of this case are simple and stated hereunder:

The mother of the complainant having felt chest pain at about 7.30 p.m. on 29th March, 2008 was taken to Santipur State General Hospital where she was attended by an emergency doctor. On ECG but no ECG was done and ultimately the mother of the complainant expired on 31st March, 2008 at about 1 p.m. The opposite party has contested the case by contending that since ECG was done of the patient on the previous day at Santipur State General Hospital so there was no necessity to make a further ECG after her admission in the Gandhi Memorial Hospital. Alternatively, it has been contended that ECG could not be done on 31st March as that was holiday and it also could not be done on the