Tamil Nadu

StateCommission

A/318/2017

M/s. Padmini Nursing Home, Rep by its Proprietor Rajaram & anr - Complainant(s)

Versus

S.Sridevi - Opp.Party(s)

V.R.Thangavelu

28 Dec 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                    BEFORE   Hon’ble THIRU. JUSTICE. R. SUBBIAH                  ::      PRESIDENT                       

                                       Tmt.Dr.S.M.LATHA MAHESWARI                            ::      MEMBER

 

FA. No. 318/2017

  (Against the order in C.C. No.144/2014,dated 1.8.2017 on the file of the DCDRC, Chennai(South)

                                                       DATED THIS THE 28^th   DAY OF DECEMBER 2021

 

1.M/s. Padmini Nursing Home,

Rep.by its Proprietor Mr.Rajaram,

No.9, Pachiyappas College Road Hostel,

Chetpet, Chennai 600 031

 

2. Dr.N.D.M. Ismail, M.S.(ortho),

Orthopedic Surgeon,

M/s Padmini Nursing Home,

No.9, Pachiyappas College Road Hostel,

Chetpet, Chennai 600 031                              ..Appellants/opposite parties

 

                                             Vs

 

Mrs.S.Sridevi,

No.1/2, Vasuki Street,

Thiruvallur Nagar,

Arumbakkam,

Chennai – 106                                        ..Respondent/complainant

 

Counsel for Appellants/opposite parties      : M/s V.R.Thangavelu

Counsel for Respondent/complainant         : M/s Sunil Sudhakar

 

          This appeal coming on before us for hearing today, this Commission made the following order in open court :-

 

                                                                                   Docket order

 

       Both sides’ counsels present and heard.  A joint memo of compromise was filed by both sides stating that the dispute has been mutually settled between them and hence the appeal to be allowed in favour of the appellants.     

       On perusal of the records, we find that the respondent/complainant has filed a consumer complaint in C.C.No.144/2014 against the appellants/ opposite parties alleging medical negligence in treating the complainant’s  daughter who suffered left arm fracture in an accident while skating in the Nehru Stadium on the evening of 27.09.2012.  After hearing both sides, the District Commission passed an order dated 01.08.2017, directing the opposite parties/appellants to pay a sum of Rs.1,00,000/-towards medical expenses, Rs.25,000/- as compensation for mental agony and another sum of Rs.25,000/- for deficiency in services committed by the opposite parties with cost of Rs.5,000/-against which the present appeal has been filed by the opposite parties/appellants herein. 

     Today, when the matter was taken up for hearing, a joint memo was filed by both sides stating that the disputes have been amicably settled between the parties and accordingly, the respondent/ complainant has made no objection to allow this appeal in favour of the appellants/opposite parties by setting aside the order of the District Commission and the complainant/ respondent is not entitled to get any compensation.  Further, it was arrived between the parties that the appellants/opposite parties have discharged their duties with utmost care and caution and there is no negligence or deficiency in service on the side of the appellants/opposite parries in treating the complainant’s daughter and also the Execution Application No.04/2019 filed against the appellants/opposite parties shall be dismissed as the order passed in C.C.No.144/2014 is set aside. Moreover,  there shall not be any claim as against each other in respect of the subject complaint at all.

  In view of the joint memo of compromise filed by both parties, this appeal is allowed by setting aside the order of the District Consumer Disputes Redressal Commission, Chennai (South)  made in C.C.No.144/2014, dated  01.08.2017 and the complaint is dismissed without costs. There shall be no order as to costs in this appeal.

       The joint memo of compromise shall form a part of this order.       

        The Registry is directed to discharge the mandatory deposit, if any, in favour of the appellants/opposite parties with accrued interest thereon.  

 

 

 

S.M. LATHA MAHESWARI                                                           R. SUBBIAH

           MEMBER.                                                                                PRESIDENT.