The appellants have preferred this appeal as against the Judgment and Decree dated 09.03.2001 made in O.S.No.1452 of 1992 on the file of the learned II Additional Subordinate Judge, Coimbatore.

2.The trial Court, in its judgment, has directed the respondents 1 and 2/defendants jointly to pay a sum of Rs.1,00,000/-as a compensation to the first appellant/first plaintiff (since deceased) and further directed the said sum of Rs.1,00,000/- should be deposited in a Nationalised Bank in the name of the first appellant/first plaintiff and the second appellant/second plaintiff, being the father and guardian of the first appellant/first plaintiff, has been directed to receive interest once in six months for the maintenance expense of the first appellant/first plaintiff and the said deposited amount should not be withdrawn without the permission of the Court and accordingly, rendered a judgment by directing the respondents/defendants to pay the Court fee taking into account of the condition of the first appellant/first plaintiff.

3.The necessary plaint averments of the appellants/plaintiffs are as follows:

The first appellant/first plaintiff was suffering from passing loose motion and vomiting during the last week of February 1989 and he was taken to the first respondent/first defendants Nursing Home in R.S. Puram, Coimbatore, on 22. 1989 for treatment with a medical complaint of loose motion and vomiting. The first respondent/first defendant examined the first appellant/first plaintiff medically in the presence of second appellant/second plaintiff and prescribed certain drugs. The second appellant/second plaintiff was asked by the first respondent/first defendant to bring the child again to his nursing home on 33. 1989. As advised by the first respondent/first defendant, the second appellant/second plaintiff took the first appellant/first plaintiff to the nursing home for consultation and treatment. On 33. 1989 the first appellant/first plaintiff was medically examined by the first respondent/first defendant surgeon, and certain drugs were prescribed and medical advices were given to the second appellant/second plaintiff in regard to the first appellant/ second plaintiff (viz., the child). The second appellant/second plaintiff was asked to bring the first appellant/first plaintiff to the said nursing home again on 03.04.1989 for medical consultation.

The second appellant/second plaintiff took the first appellant/ first plaintiff to the nursing home on 03.04.1989 and the first respondent/first defendant referred the first appellant/first plaintiff to the Paediatrician Dr. K. Manonmani, in cowley brown road, R.S. Puram, Coimbatore-2. The first appellant/first plaintiff was examined by the said Dr. K. Manonmani, who diagnosed the complaint as "Intussusception" with bronchitis and referred the first appellant/first plaintiff back to the first respondent/first defendant surgeon for necessary treatment. Dr. K. Manonmani, gave Ampicillin plus Aminophylline intra-venous injection to the first appellant/first plaintiff for wheezy bronchitis. The first appellant/first plaintiff was admitted in the Sengaliappan Nursing Home on 03.04.1989 when the first appellant/first plaintiff was only 6 months old for treatment of medival complaints of (i)loose motion and voimiting, (ii)motion with blood stains, and (iii) fever and cough. The first appellant/first plaintiff was put on intra-venous fluids and Ampicillin injection was administered to the first respondent/first defendant surgeon.

The first respondent/first defendant advised surgical operation on 04.04.1989. On 04.04.1989, the first respondent /first defendant performed the surgical operation assisted by Dr. Velumani at the surgical Theatre of his nursing home. After the Appendicectomy done by the first respondent/first defendant, the first appellant/first plaintiff child developed respiratory depression, fever and seizures and the first appellant/first plaintiff-child did not keep its n