Complainant/Respondent No.1, Shyamal Chowdhary, filed the complaint before the State Commission against opposite parties 1,2 and 5 and opposite parties 3 and 4 (Proforma respondents herein) and Appellant No.2 who has now expired and vide order dated 27.7.2009 his legal representatives (LRs) have been brought on record.  One of the LRs, namely, Jaideep Sen, has died.  Counsel for the appellants has moved a Misc. Application No.113/2010 to delete the name of Jaideep Sen, one of the LRs of appellant No.2.  Misc. Application is allowed subject to just all exceptions.

          Dispute involved in this Appeal is regarding the grievance of the complainant with the opposite party hospital and doctors working therein, that they had committed medical negligence in the treatment of his wife since deceased.  It was his case that despite their treatment, her condition deteriorated and ultimately she died leaving behind him and his 10 year old daughter.

          State Commission, vide its impugned order, allowed the complaint and directed the different opposite parties to pay the amount of compensation and costs in the following terms :

                    Particulars of the OP              Compensation                                    Cost

                                                                                    (Rs.)                            (Rs.)

                        OP No.1                             2,00,000.00                             2,000.00

                        OP No.2                             5,00,000.00                           10,000.00

                        OP No.4                                20,000.00                                1,000.00

                        OP No.5                                50,000.00                                1,000.00

          Opposite parties 1,2 and 5 have filed the present appeal whereas opposite party No.4, Dr.Gopinath Majhi, who had been directed to pay compensation of Rs.20,000/- and costs of Rs.1,000/- has accepted the order and has not filed the appeal.

          Appeal of appellants/opposite parties 1,2 and 5 was admitted on 5.1.2006.  On 21.4.2006, operation of the impugned order was stayed subject to deposit of 50% of the decreed amount with the State Commission.  Complainant was put at liberty to execute against opposite party No.4.  On 10.10.2006, learned counsel for the appellant made a statement that the appellants had complied with the order passed by this Commission on 21.4.2006 requiring him to deposit 50% of the decreed amount before the State Commission.

          The dispute between the parties has been settled.  Respondent has agreed to withdraw the complaint and the appellants have agreed that the respondents be paid the sum already deposited by them before the State Commission being 50% of the decreed amount as against them.

          Accordingly, the appeal is allowed.  Complaint is ordered to be dismissed as withdrawn.  State Commission is directed to release the amount deposited by the appellants in favour of the respondents along with accrued interest, if any, within four weeks of the receipt/production of a copy of this letter.  Complainant would be at liberty to recover the amount decreed against opposite party No.4 by filing an execution application.

          The sum of Rs.35,000/- deposited by the appellants at the time of filing of the appeal with this Commission is directed to be returned to the appellants along with accrued interest thereon.

          First Appeal stands disposed of accordingly.