Complainant/respondent filed the complaint alleging medical negligence against the doctors of AIIMS, New Delhi. Respondent arrayed the following persons as opp.parties : 1. Dr. (Mrs.) Sukh Pal Sahney 2. Dr. M.C. Mishra 3. Dr. S.K. Kakkar 4. Dr. P.K. Dave State Commission, after recording the following finding in para-31 “It has not been proved as to which of the doctors was negligent in treating the patient as the operation was being attended by a team of doctors.” held AIIMS (the appellant herein) guilty of medical administrative deficiency and directed it to pay a lump sum compensation of Rs.1 lakh to the respondent. Appellant, being aggrieved, has filed this appeal. Counsel for the appellant, inter alia, contends that no compensation could be awarded against the appellant which was not made a party respondent in the complaint and given the opportunity to defend itself. We find substance in this submission. Without going into the merits of the dispute, we allow the appeal and set aside the order of the State Commission directing the appellant to pay the compensation of Rs.1 lakh to the respondent as no such award could be made against the appellant as it was not a party respondent before the State Commission and given an opportunity of defending itself. Appeal stands disposed of accordingly. | 
