Mrs. Vineeta Rai, Presiding Member—This First Appeal has been filed by Dr. Mohanbhai S. Patel, Opposite Party No.1 before the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (hereinafter referred to as the State Commission) and Appellant herein being aggrieved by the order of that Commission which had partly allowed the complaint of medical negligence filed against him and others by Thakkar Baldevbhai Keshavlal, Original Complainant No.1 before the State Commission and Respondent No.1 herein and others (his minor children).

2. Facts:

In his complaint before the State Commission, Thakkar Baldevbhai Keshavlal (Respondent/Complainant) had stated that he had taken his wife Gitaben (hereinafter referred to as the Patient) on 06.05.1997 for a medical check-up from his village Harij to Patan as she was having irregular menstruation and pain in the uterus. She was examined by Dr. Mohanbhai S. Patel (Appellant) at Navjeevan Maternity Home, who advised an x-ray and sonography and on the basis of that report informed that Patient was three months’ pregnant and that D&C procedure was required to be conducted. Respondent/Complainant told Appellant that whatever was requi