Costs deposited vide receipt No.2871.

Counsel for the parties are agreed that the State Commission has decided the case proceeding on a wrong premise that the patient suffered from brain hemorrhage.  It was neither the case of the opposite party/appellant nor of the Complainant/respondent that the child suffered from brain hemorrhage. 

Both the counsel submit that the impugned order be set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

In view of the statement made by the counsel for the parties, impugned order is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law on the basis of the evidence already produced.

Parties, through counsel, are directed to appear before the State Commission on 9.1.2013.

Since it is a very old case, we would request the State Commission to dispose of the complaint as expeditiously as possible and preferably within a period of 6 months from the date of first appearance of the parties.