After arguing the matter at some length, Mr. S.M. Suri, learned counsel representing the appellant states at bar that the amount of compensation of Rs. 1,00,000/- as awarded by the State Commission and the interest in terms of the directions of the State Commission has been paid to the respondent during the pendency of the present appeal. Learned counsel for the respondent is, however, not in a position to confirm this position. Mr. Suri states that in case the complainant is prepared to withdraw the allegations of negligence made by him in the complaint, the appellant will not press for refund of the amount paid under the orders of the State Commission. Counsel for the respondent, under instructions, states that if the complainant has received the awarded amount, there is no objection in withdrawing the allegations of negligence made in the complaint.

            In view of the above settlement reached between the parties, we allow the appeal and the allegations made in the complaint shall stand withdrawn. In view of the statement made by Mr. Suri, we direct that the amount paid to the respondent shall be treated as ex-gratia payment. However, in case the respondent has not received the amount or it is still lying with the State Commission, the respondent will be at liberty to withdraw the same along with the interest accrued thereon. If the amount has not been paid to the respondent or is found to have not been deposited in the State Commission, the appellant-Dr. Rajendra R. Shah shall see that the amount as payable in 2001 is paid to the respondent within four weeks. Appeals stand disposed of with these observations. A copy of this order be given dasti to both sides.