On remand by this commission vide order dated 12.10.04, the State Commission has passed the following order:-

“ We have issued notices to both the parties and heard the respective learned counsels.  Sri P. Krishna Reddy learned counsel appearing for the opposite party submitted that it is desirable to fix a lump sum compensation instead of awarding Rs.9,000/- p.a. without prescribing any time limit. Sri V. Gowrisankar Rao, learned counsel appearing for the complainants submitted that complainant was 45 years old and he was a truck driver and he was earning Rs.5,000/- p.m.  No documentary evidence was placed to prove that fact.  Taking into consideration that he was aged 45 at the time of accident and the totality of the facts and circumstances of the case we deem it a fit case to fix a sum of Rs.1,50,000/- towards compensation and a sum of Rs.30,000/- towards pain and suffering.  These amounts shall carry an interest of 9% from 1.6.92 till the date of realization.  Costs of Rs.5,000/- is awarded. “

2.      We have heard the learned counsel for the parties. The controversy in the appeal is short because the finding in regard to the complaint which was earlier disposed of holding the appellant guilty of certain medical negligence, has become final. The question is, therefore, in regard to the amount of compensation which the respondent/complainant is entitled.  The State Commission has

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awarded compensation of Rs.1,80,000/- with the stipulation that the amount shall carry interest @ 9% p.a. from  1.06.92 till the date of realization. Learned counsel for the appellant submits that the appellant is willing to pay the entire principal compensation with some

reasonable interest on the said amount.  He further submits that during the pendency of this appeal under direction of this Commission, a sum of Rs.50,000/- was deposited with the State Commission which amount had already been withdrawn by the respondent along with
 interest accrued thereon.  Learned counsel for the appellant states that having regard to the amount already received by the respondent the compensation so awarded by the State Commission be restricted to Rs.3 lakh.   Having regard to the fact that the matter has been pending for a long time, we consider the offer made by the appellant quite reasonable and, therefore, we modify the order of the State Commission in the manner that the complainant shall be entitled to a total compensation of Rs.3 lakh including the component of interest.  Since the amount of Rs.67,000/- has already been paid to the complainant, we direct the appellant to remit the balance amount of

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Rs.2,33,000/- to the complainant directly by means of a demand draft within a period of two weeks from today.  The First Appeal stands disposed of accordingly.  No orders as to costs throughout.