by a doctor or that the surgery has failed, the doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that the doctor failed 10to exercise the due skill possessed by him in discharging of his duties. 19. In view of the aforesaid facts and circumstances, we are of the opinion that the NCDRC ought not to have interfered with the findings and the impugned judgment and order of the State Commission so as to hold the doctor of the PGI negligent and to award compensation. 20. Accordingly, the judgment and order dated 24.08.2011 of the NCDRC is hereby set aside and that of the State Commission is restored. Since the complainants have failed to prove any negligence on part of the doctor or the PGI, they are not entitled to any compensation as such, no question arises for its enhancement. 21. Accordingly, Civil Appeal No. 272 of 2012 is allowed and Civil Appeal No. 5526 of 2012 is dismissed.