M.THANIKACHALAM, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The factual matrix unavoidably necessary for the disposal of the case as follows: The appellant/complainant admitted his wife Annamma, for delivery in the first opposite party?s hospital on 4.5.2003 at about 3 p.m. wherein, she gave birth to a female child on 5.5.2003 at 9.31 p.m. under LSCS. Baby, which was normal as informed by the Paediatrician of the first opposite party?s hospital, had some breathing problem, which was explained, will be alright after mother?s feeding. However, on 6.5.2003 at 8 a.m., the complainant was informed that the baby is having breathing problem, for which, Echo should be taken, which is not available in the first opposite party?s hospital, requesting the baby to take to Child Trust Hospital/third opposite party, for which, they arranged ambulance through the second opposite party, who came belatedly, without any basic facilities therein, which was later provided by the first opposite party on demand by the complainant.
(3.) The baby was admitted in the third opposite party hospital at 12.55 p.m. and the third opposite party informed that the child was normal and did not require any test, contrary to the statement given by the first opposite party. Though tests were carried out by the Paediatrician of the third opposite party?s hospital, the condition of the child became critical and despite ventilator, died at 6.45 a.m. on 7.5.2003.;