Dr. S.M. Kantikar, Member—On 5.11.2001, the complainant, Smt. Dhanashri Dhananjay Savardekar, took her mother, Smt. Geeta (herein referred as “patient”) as she was suffering from abdominal pain, to Dr. Hemant Kulkarni, the OP-1, at Tushar Maternity and Surgical Nursing Home. The OP-1/appellant admitted the patient, started treatment by I.V. fluids, antibiotics and pain killers. On 07.11.2001, he performed ultrasonography (USG) of abdomen. Thereafter, OP-1 referred patient to Dr. Naresh Singh (OP-2), at Apollo Endoscopy Centre for ERCP (Endoscopic Retrograde Cholangio Pancreatography). On 08.11.2001, OP-2 performed ERCP. As per ERCP report, during procedure, the Dormia basket (instrument used to extract the stone) broke and got impacted. Therefore, OP-2 sent the patient back to OP-1, for open surgical removal of the stone and broken basket. On the same day, OP-1 performed open surgery, but he could not remove the stone/basket. After two days, i.e., on 10.11.2001, patient developed biliary leak around the T-tube. Therefore, it was careless treatment and negligence on the part of OP-1 and 2. Hence, the OP-1 himself admitted the patient to KEM hospital (in short KEM) at 10 PM. At