Original complainant (since deceased and now represented by LRs) met with an accident and got his right hip joint fractured in 1997.  He was operated upon by Dr.Gurdeep Singh (Respondent No.2) on 29.4.1998.  Metal pins with screw were inserted in the right hip joint.  He was discharged on 1.5.1998.  As there was no improvement in his condition, after 3 months he got his right hip joint x-rayed and it was found that all the metal pins separated from the screw.  He then approached Dr. H.S. Sohan who performed second surgery on 27.11.2000 to remove the metal pins and screws.  The said doctor suggested another operation costing Rs.50,000/-.  Complainant filed complaint alleging medical negligence and claiming compensation of Rs.4 lakh.  Complaint was contested by the hospital as well as Respondent No.2.  During the pendency of the complaint, the original complainant died.  His LRs came on record and continued with the complaint. 

        District Forum dismissed the complaint, aggrieved against which, the petitioner filed the appeal before the State Commission, which has been dismissed by the impugned order. 

This Commission, in Mrs.Janak Kumari vs. Dr.Balwinder Kaur Nagpal & Anr. [R.P. No.2146/2002 decided on 17.1.2003] has held that claim for unliquidated damages for any tortuous liability is a mere right to sue which cannot be transferred.  That a personal action dies with the death of the claimant.  This judgement was followed in Seven Hills Hospital & Anr. Vs. Smt. Nannapaneni Gnanamba [R.P. No.2757/2007 decided on 30.8.2011].

Respectfully following the law laid down in the above-cited cases, we are of the opinion that on the death of the complainant during the pendency of the complaint before the District Forum, his LRs could not continue with the complaint.  That cause of action which had accrued to the original complainant came to an end with his death.  Dismissed.