The provision of medical services by an employer to its employees constitutes service under the Consumer Protection Act, establishing grounds for compensation in cases of negligence.

1. The complainants herein seek this Commission to direct the OPs to jointly and severally pay to them -
(i) a sum of Rs.25 lakh towards compensation for the loss and suffering caused to them on account of the death of the family head - Mr. Upendrasai Kumar due to the negligence of the OPs;
(ii) a sum of Rs.50 lakh towards loss of future earnings of the deceased;
(iii) a sum of Rs.20 lakh towards compensation for the medical and educational expenditure of the 2nd and 3rd complainants; and
(iv) a sum of Rs.10,000 towards costs of the Complaint.

2. In brief, the case of the complainants, as projected in the complaint, is as follows:
The 1st complainant is the wife of late B. Upendrasai Kumar (hereinafter referred to as the "employee" & "deceased"), who was working as Chief Geophysicist (Wells) at the Cauvery Project of the Oil and Natural Gas Commission (hereinafter referred to as ONGC / Employer), Karaikal Station, and complainant Nos. 2 and 3 are their children. Since 1982, the employee was regularly subjected to physical & medical examination by the ONGC / Employer. On 11/01/2001, after medical examination by Dr. Thilagam at the Government Head Quarters Hospital, Nagapattinam, he was diagnosed to be suffering from HST / Overweight / Systematic Hypertension & Hypertrigly - ceridemia. The fact that the employee was under medication for high blood pressure since April 2000 is known to the Employer, who regularly subjects their employees to medical examination for the purpose of physical fitness and competence for the job that involves high degree of stress and skill. It is also known to the employer that the employee used to smoke and consume alcohol occasionally which details are found in the medical records maintained by the Office.
On 26/02/2002, the employee visited the 1st OP / ONGC Health Centre since he had cold and fever, for which, he was prescribed medication. On 01/03/2002, with extreme pain in chest and discomfort, he visited the 1st and 2nd OPs, who recorded the BP rate as 140/100 mm hg. The 2nd OP told him that he was only suffering from heart - burn and bronchial spasm and prescribed Tablets Rantac (meant to reduce acid secretion), Bricanyl (a Broncho Dilator) and Cetzine (histamine blocker to treat allergies) and the Health Centre neither choose to clinically advise the patient to undergo a treadmill test for Troponin - T or CPK or CK - MB or LDH so as to detect the root cause for the problem. He resumed work and followed the medical instruction of the 1st and 2nd OPs, however, he had to visit them on the very next date for the complaint of persistent pain and discomfort in chest. He met the 1st OP at about 8 a.m. and told that the chest pain & uneasiness did not subside. The 2nd OP, as reflected in the Medical Booklet maintained by the 1st OP, injected 5 cc of Rantac and Ketorolac. Thereafter, the employee went to his residence and had breakfast. But his condition was getting worse and hence, once again, he went to the 1st and 2nd OPs and insisted upon them to further examine him, whereupon, the 2nd OP prescribed Voveran and Restyl Tablets. Even this time, the said OPs did not choose to advise him for taking proper tests to diagnose the actual ailment. Despite pain and discomfort, the employee went back to work, after taking the medicines prescribed by the 2nd OP. With difficulty, he managed to work till 6 p.m., at which time, his condition grew worse and his friends immediately took him for a second opinion to a private clinic run by one Dr. Sesha Saina. At the private clinic, he was sweating profusely and even while the Doctor was examining him, he collapsed and lost consciousness, whereupon, he was immediately rushed in a private vehicle to the GH, Karaikal, where he was pronou