ORDER

Dr. S.M. Kantikar, Member.—The brief facts:

The Complainant No. 1 Mohit Srivastava’s wife Smt. Sandhya Srivastava, the Complainant no. 2 (hereinafter referred to as the “patient”) during her pregnancy was under care of Dr. Neelam Mishra (the Opposite Party No. 1) at Shivani Clinic in Kanpur. On 22.12.2005 at about 4.00 p.m., she felt labor pains and consulted Dr. Neelam Mishra, who admitted the patient in Kanpur Medical Center Pvt. Ltd. (hereinafter referred to as the “the Opposite Party No. 3 - KMC). On the same day, the Opposite Party No. 1 conducted delivery of the patient and a healthy female baby was born at 10.29 pm with the birth weight 4.2 kg. It was alleged that in the midnight at about 12.45 a.m., the Opposite Party No. 1 rushed the hospital and directly went to the labor room. At around 1.15 am, the Pediatrician Dr. Chandrayee Luthra (hereinafter referred to as the “Opposite Party No. 2”) came to the hospital and she also rushed to labor room. On enquiry, the duty doctor told the Complainant No. 1 that the baby was suffering from fever; therefore doctors have been called to see the baby. The Opposite Parties Nos. 1 and 2 came out of labor room wherein the Opposit