No one appears for the respondent and the notice issued to the respondent has been received back with the postal remarks “refused”. We deem it as proper service upon the respondent, more particularly in the circumstances that he has already received a sum of Rs.5,000/- remitted to him in order to meet his travel and allied expenses in connection with the present proceedings. Heard Mr. Mukul Gupta, learned counsel for the appellant. For the reasons stated in the application for condonation of delay, we condone the 131 days delay in filing the present appeal. Having regard to the facts and circumstances of the case, we are unable to upheld the finding of the State Commission that there was ..2.. any medical negligence or deficiency in service in the treatment of the respondent/complainant. It is apparent from the facts narrated in the complaint that ego of a certain medical professional came in between rendering the expeditious treatment which the complainant needed immediately when he was discharged on 23.02.98. In these circumstances while setting aside the impugned order, we direct the appellant hospital to remit a further sum of Rs.10,000/- to the respondent as ex gratia in addition to the amount of Rs.5,000/- already paid to him. The amount deposited by the appellant as pre-requisite for filing the appeal, shall be refunded to it. The First Appeal stands disposed of.