NCDRC

NCDRC

RP/1245/2007

SATYA NAND NURSING HOME - Complainant(s)

Versus

ANIL RANA - Opp.Party(s)

MR. ANIL NAG

03 Dec 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1244 OF 2007
 
(Against the Order dated 28/08/2006 in Appeal No. 338/2004 of the State Commission Himachal Pradesh)
1. NATIONAL INSURANCE CO. LTD.
4TH FLOOR, JEEWAN BHARTI BUILIDING CONNAUGHT PLACE
NEW DELHI
-
...........Petitioner(s)
Versus 
1. ANIL RANA AND ANR.
S/O. SH , GURAMUKH SINGH
R/O. VILLAGE BARI ,PO. BANE DI HATTI
DITT, KANGRA H,P
2. DR PREMLATA SHUKLA
-
-
-
...........Respondent(s)
REVISION PETITION NO. 1245 OF 2007
 
(Against the Order dated 28/08/2006 in Appeal No. 338/2004 of the State Commission Himachal Pradesh)
1. SATYA NAND NURSING HOME
...........Petitioner(s)
Versus 
1. ANIL RANA
2. SAI MAHIMA HOSPITAL
-
-
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
In R.P. No.1244/2007
For the Petitioner : Dr. Sushil Kumar Gupta, Advocate
In R.P. No.1245/2007
For the Petitioner : Mr. Anil Nag, Advocate
For the Respondent :
In R.P. No.1244/2007
For the Respondents No.1 & 2 : Mr. S.C. Arora, Advocate
For the Respondents No.3 & 4 : Mr.Anil Nag, Advocate
For the Respondent No.5 : Mr. Rohit Gupta, Advocate
In R.P. No.1245/2007
For the Respondents No.1 & 2 : Mr. S.C. Arora, Advocate
For the Respondent No.3 : Mr. Rohit Gupta, Advocate
For the Respondent No.4 : Dr. Sushil Kumar Gupta, Advocate

Dated : 03 Dec 2014
ORDER

          Anil Rana (being Legal Heir of deceased Smt. Rama Rana), the complainant herein, filed a Consumer Complaint before District Forum alleging medical negligence on the part of Opposite Parties.

2.       District Forum, vide order dated 17.11.2004 partly allowed the complaint.

3.       Aggrieved by the order of the District Forum, Sai Mahima Hospital-Opposite Party No.3 filed (Appeal No.338/2004) whereas Satya Nanda Nursing Home and Dr. Vir Bala Nanda-Opposite Parties No.1 and 2 filed (Appeal No.341/2004) and National Insurance Company Ltd.-Opposite Party No.4 filed (Appeal No.352/2004).

4.       The State Commission, vide impugned order dismissed all the three appeals.

5.       Being aggrieved of the order passed by the State Commission, National Insurance Co. Ltd.-Opposite Party No.4 has filed (Revision Petition No.1244/2007) whereas, Satya Nanda Nursing Home and Dr. Vir Bala Nand-Opposite Parties No.1 and 2 have filed (Revision Petition No.1245/2007).

6.       Today, it is stated by learned counsel for Satya Nanda Nursing Home and Dr.Vir Bala Nanda-Opposite Parties No.1 and 2, that there is no objection if the amount deposited by these petitioners before the fora below be paid to both the complainants/respondents no.1 and 2 herein, provided complainants withdraw the allegations made against the present petitioners.

7.       Learned counsel for complainants states that under these circumstances the complainants, withdraw all the allegations of medical negligence made against the petitioners, namely, Satya Nanda Nursing Home and Dr. Vir Bala Nanda and the complaint filed by them be treated as dismissed as withdrawn.  He further request that amount deposited by the present petitioner (in R.P. No.1245/2007) be released to the complainants.

8.       As far as R.P. No.1244/2007 (National Insurance Company Vs. Anil Rana & Ors.) is concerned since, impugned order passed by the State Commission had not been challenged by Opposite Party No.3- Sai Mahima Hospital, the amount as deposited by National Insurance Company be also released in favour of the complainants.

9.       With these observations, present revision petitions stand disposed of.

10.     Dasti to all parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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