Dr. S.M. Kantikar, Presiding Member—The complainant, Smt. Sujata Vohra, filed this complaint under section 12 of the Consumer Protection Act 1986 alleging medical negligence against the ISI Heart Command and Research Centre, New Delhi, the opposite party seeking total compensation in the sum of Rs.58,00,000/- .

2. The Compliant:

The brief facts: Smt. Sujata Vohra’s husband, Mr. Anil Vohra (the patient-since deceased), aged about 40 years, underwent angioplasty in the month of March 2000, and engaged in his routing office work. He was a Sales Manager in a Multi-National Company and touring extensively about 3-4 times in a month, outside Delhi. He was hale and hearty and continued with his activities like sports, walking and swimming. On 05.12.2001, Mr. Anil Vohra suffered from fever, consulted his family physician on 08.12.2001, who diagnosed it as Empyema and advised him to get admitted in ISI Escorts Heart Command and Research Centre, (OP hospital). Accordingly, the patient went to OP hospital at 9-30 A.M. on 09.12.2001, ultrasound and X-ray were performed, which revealed pus in the pleural cavity i.e. Empyema. It was an emergency condition but, the OP took it casually, negl