( 1 ) THIS is defendant's first appeal. The defendant is a surgeon who has been held liable to pay damages for negligence in the performance of an abdominal operation resulting in death of the patient. The plaintiffs are husband and children of the deceased patient. Decree has been given for Rs. 4,000/- with corresponding costs and interest at 3% per annum. The claim was laid for Rupees 11,000/ -. The plaintiffs, being dissatisfied with the quantum of damages awarded, have filed a cross-objection for enhancement of the amount.

( 2 ) THE facts may be briefly stated. Respondent 1 Rambeharilal was Collector, Shahdol at the relevant time i. e. in the year 1958. Appellant Dr. J. N. Shrivastava was a medical officer in the employment of the State of Madhya Pradesh, then in charge of the Sohagpur Government Hospital, Shahdol, In the night intervening 27th and 28th Sept. 1958, Shrimati Kanti Devi, wife of Rambeharilal, got an attack of severe abdominal pain with occasional vomiting. Dr. Shrivastava was called for consultation and treatment. He gave her Strepto-Penicillin injections on the following two days along with sedatives. The pain did not abate. Instead, temperature