Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          This is a consumer complaint filed by Mrs.Savita Vijay Shewale, resident of Municipal Building No.1, Room No.13, 1^st floor, Godapdeo, Babu Genu Nagar, Mumbai-400 033 against Dr.B.R. Boob, Consultant Anesthesiologist of Babulnath Hospital and also against Dr.T.M. Jain, Consultant Sergeon of Babulnath Hospital and also against Dr.Manish Mavani, Consultant attached to Sir H.N. Hospital & Research Centre, Mumbai alleging medical negligence on their part.  According to the complainant she is widow of Late Vijay Shewale, who was aged 42 years and he was working as Engineer with JNPT.  On 08/03/2005 her husband consulted opponent No.2, who diagnosed that patient was a case of Bilateral Inguinal Hernia and advised him to get admitted in Babulnath Hospital.  Accordingly, her husband got admitted on 10/03/2005 in the morning in the Babulnath Hospital.  Blanket Consent was taken for surgical operation and for administrating anesthesia on two forms, which are Exhibit-C & D.  Opponent No.1 in presence and under supervision of opponent No.2 in the hospital of opponent No.3/hospital injected spinal anesthetic drug (Bupivacaine) without testing whether the patient was sensitive to the drug or not.  Immediately, patient developed severe life threatening symptoms.  Opponent No.3/Hospital did not have necessary infrastructure and opponent Nos.1&2 were not competent to handle the outcome of grossly negligent act.  Therefore, they shifted the patient to Sir H.N. Hospital.  Magnitude and effect of the negligence was so grave the patient died immediately after shifting him to Sir H.N. Hospital.  This is clear from papers at Exhibit-I, J & K.  According to the complainant since, death of her husband was unexpected, unnatural and sudden, police were informed.  Police sent dead body to Postmortem at J.J. Hospital on 11/03/2005.  Police recorded Inquest Panchanama on dead body.  Postmortem was carried out on 11/03/2005.  The Autopsy Surgeon reserved the opinion for seeing histopathological examination.  On 07/02/2006 the Autopsy Surgeon after perusal of the documents submitted by the Investigating Officer has finally opined that cause of death was ‘Pulmonary Hemorrhage’ and issued death certificate Exhibit-O.  According to the complainant her husband died because of negligence of the opponents in managing the case.  The complainant had sent notices through Advocate Mr.Prashant Patil on 09/03/2007 to the opponents.  They received the same, but opponents denied their act of negligence.  According to the complainant, opponents are guilty of medical negligence.  They had not taken reasonable care and used their skill in giving treatment to the patient.  They lacked skill in treating the patient and their negligence proved fatal to the life of the patient and therefore, their act of negligence caused mental agony and physical hardship to the complainant and members of the family.  According to the complainant, patient was not properly evaluated prior to the surgery before administrating anesthesia.  Opponent Nos.1&2 did not conduct pre-operative