Dr. S.M. Kantikar, Member—The brief facts relevant to dispose of this appeal are:

The Complainant (C-1), Dr. P. K. Palanisamy’s son Mr. K. P. Mohanavelu about 39 years of age, (since deceased herein ‘the patient’) suffered fever and on 23.8.2010 approached in the OPD at Sakthi Hospital & Research Centre/OP 1. Again, he got fever 102° F, had gone to same hospital on 3.9.2010. Dr. Shivakumar/ OP 2 prescribed antimalarial drugs. There was no improvement. On 5.9.2010 patient had fever of 101º F and cough with blood, he was admitted in the ICU at about 1.16 p.m. by Dr. Shivakumar/OP 2 and advised Typhoid test only instead of test for Swine Flu (H1N1). OP-2 failed to take proper precaution, failed to get a simple swab test for Swine Flu (H1N1). The blood test results were not procured within time. The OP made false entries in the progress sheet. The progress sheet did not show any name and signature of the consulting doctors and staff nurse present in the ICU. The patient was also suffering from ARDS (Acute Respiratory Distress Syndrome). Due to lethargy of nursing staff, the Chest Physician Dr. Nalini Jayathi attended the patient after delay of 9 hours. Patient was put on Ventilat