NCDRC

NCDRC

FA/4/2006

SHANKARA KUTTY - Complainant(s)

Versus

M/S SRINIVAS NURSING HOME - Opp.Party(s)

SHANTHKUMAR MAHALE

12 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIAPPEAL NO. 4 OF 2006
(Against the Order dated 11/11/2005 in Complaint No. 4/1998 of the State Commission Delhi)
1. SHANKARA KUTTYNO. 40/1 , 2 CROSS , STAGE -I , OKALIPURAM & ANR BANGLORE - ...........Appellant(s)
Versus
1. M/S SRINIVAS NURSING HOMENO. 27 , PARK ROAD , TULASI THOTA , CHICKLALBAGH & ANR. BANGLORE - ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 12 May 2010
ORDER

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Learned counsel for the parties under instructions from the respective parties state that the parties have reached an amicable settlement in regard to the subject matter of these appeals. As per the settlement reached between the parties, appellants-M/s Srinivasa Nursing Home and Ors. in appeal No. 529 of 2005 have undertaken to pay a total sum of Rs. 6 lakh as ex-gratia to the respondent-complainant-Shankaran Kutty. On doing so, the respondent-complainant withdraws the allegations of medical negligence made by him against M/s Srinivasa Nursing Home in the complaint. As regards the payment of the agreed amount, Shri R. Venkataraman, learned Senior Advocate states that the respondent-complainant may be allowed to withdraw the deposited amount of Rs. 75,000/- with this Commission, alongwith interest accrued thereon. Besides, out of the balance amount, a demand draft bearing No. 291630 dated 11.05.2010 drawn on Canara Bank in favour of respondent-complainant, for a sum of Rs. 2 lakh has been handed over to Shri Shanth Kr. Mohale, learned counsel for the respondent-complainant. The balance amount of Rs.3,25,000/- shall be paid directly by the appellant-M/s Srinivasa Nursing Home to Shankarn Kutty by 15.07.2010. The said terms are acceptable to the learned counsel representing other side. In view of the settlement reached between the parties, First Appeal No. 529 of 2005 titled as M/s Srinivasa Nursing Home & Ors. Vs. Shankaran Kutty and another, is hereby allowed and the impugned order dated 14.11.2005 passed by the State Commission is hereby set aside. As a consequence, the complaint filed by the respondents-complainants shall be deemed to have been dismissed. Consequently, First Appeal No. 4 of 2006 titled as Shankaran Kutty vs. M/s Srinivasa Nursing Home does not survive and is disposed of as such. No order as to costs. Once of the compliance of the above settlement is reached, the parties are called upon to file memo of compliance by 31.07.2010. The appeals stand disposed of accordingly.



......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER