NCDRC

NCDRC

FA/43/2006

WOCKHARDT HOSPITAL & HEART INSTT DR NAVEENCHANDRA RAJ ORS - Complainant(s)

Versus

M R SHANTAPPA AND ORS - Opp.Party(s)

MS. GEETA HANDA KHANUJA

08 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 43 OF 2006
 
(Against the Order dated 02/01/2006 in Complaint No. 18/1999 of the State Commission Karnataka)
1. WOCKHARDT HOSPITAL & HEART INSTT DR NAVEENCHANDRA RAJ ORS
14, CUNNINGHAM ROAD,
BANGALORE - 560086
-
...........Appellant(s)
Versus 
1. M R SHANTAPPA AND ORS
JYOTI NIWAS, 29/1, DAVIS ROAD,
COOKE TOWN,
BANGALORE - 560084
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr. Sukumar Pattjoshi, Advocate
Ms. Geeta Handa Khanuja, Advocate
For the Respondent :
Mr. Devadatt Kamat, Advocate
Mr. Rajesh Inamdar, Advocate
Mr. Nitin Lonkar, Advocate

Dated : 08 Nov 2011
ORDER

By consent of the parties, the appeal is being disposed off in following terms:- i) Since the complainant has died during the pendency of the proceedings, the appellants are ready and willing to pay the amount of Rs.1,50,000/- on humanitarian grounds. ii) It is agreed between the parties that the question of medical negligence is not considered as adjudicated finally by the State Commission and the amount is payable irrespective of the finding of the State Commission which is overlooked in respect of the question of medical negligence. iii) It is further agreed between the parties that amount of Rs.50,000/- which is already deposited by the appellants will be directed to be released in favour of Dr. M.S. Thomas Prasanna Raj (LR of respondent) alongwith accruals and in addition to that the appellants will pay Rs.1 lakh to Dr. M.S. Thomas Prasanna Raj (LR of respondent) within a period of three weeks. If the amount of Rs.1 lakh is not paid within three weeks by a demand draft in favour of Dr. M.S. Thomas Prasanna Raj, within the said period, the amount will carry interest @12% p.a. from today. iv) The application for change of name of the parties is allowed by consent and instead of M/s. Wockhardt Hospital & Heart Institute & Ors. the name of appellant will be Fortis Hospital Ltd., which has taken over the earlier hospital. v) Payment made to Dr. M.S. Thomas Prasanna Raj, will be for and on behalf of all the LRs of the original complainant and Dr. M.S. Thomas Prasanna Raj is holder of such power as per statement of the counsel appearing for respondent. The appeal stands disposed off accordingly.

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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