ORDER

Dr. S.M. Kantikar, Member - Mrs. Khela Bhattacharjee (herein referred as "Patient"), a school teacher aged about 58 years(since deceased), is the wife of the complainant Dr. Krishna Mohan Bhattacharjee. She was in good health, when all of a sudden, on 28.03.1998, she had severe headache and convulsions for which she was admitted to AMRI Hospital, Kolkata. After CT scan, she was diagnosed as brain tumor in right frontoparietal region (meningioma), and advised surgical removal of brain tumor. The doctors at AMRI opined that after operation she would be hale and hearty. For better treatment and to avoid risk at Kolkata, the complainant took his wife to Bombay Hospital Medical Research Center, Mumbai (Opposite Party No-1) on 3.4.1998. She was admitted under care of Neurosurgeon, Dr. S. N. Bhagwati, (Opposite Party No-2) who perused patients CT scan, Pathology lab and other reports. The complainant alleged that, since OP-2 Dr. S. N. Bhagwati was scheduled to go to Dubai, therefore, insisted for patients operation, on 04.04.1998, but, since that day was Saturday, the complainant intended not to undergo operation on Saturday; hence the operation was fixed on 05.04.1998. Complainant a