NCDRC

NCDRC

FA/325/2010

PRINCIPAL ST. MICHAEL HIGH SCHOOL DIGHA - Complainant(s)

Versus

SMT. RAM LATA KUMARI - Opp.Party(s)

MR. K. M. JOSEPH

27 May 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 325 OF 2010
 
(Against the Order dated 30/07/2010 in Complaint No. 9/2005 of the State Commission Bihar)
1. PRINCIPAL ST. MICHAEL HIGH SCHOOL DIGHA
P.S.Digha,
Patna
Bihar
...........Appellant(s)
Versus 
1. SMT. RAM LATA KUMARI
W/O LATE SH. ANIL KUMAR SINGH, C/o. NATIONAL PLASTIC FACTORY, BHAGAT SINGH CHOWK, RAM KRISHNA NAGAR, P.O. NEW KRISHNA JAGANPURA,
PATNA - 800 027
BIHAR
2. SHRI. ANKESH KUMAR
S/O LATE SH. ANIL KUMAR SINGH, C/o. NATIONAL PLASTIC FACTORY, BHAGAT SINGH CHOWK, RAM KRISHNA NAGAR, P.O. NEW JAGANPURA,
PATNA - 800 027
BIHAR
3. MS. ANKITA RANI
D/O LATE SH. ANIL KUMAR SINGH, C/o. NATIONAL PLASTIC FACTORY, BHAGAT SINGH CHOWK, RAM KRISHNA NAGAR, P.O. NEW JAGANPURA,
PATNA - 800 027
BIHAR
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. PREM NARAIN, MEMBER

For the Appellant :MR. K. M. JOSEPH
For the Respondent :
Mr. A.K. Pandey & Mr. Sanjay Kumar, Advocates

Dated : 27 May 2016
ORDER

Learned Counsel for the Respondent has filed Vakalatnama today on behalf of Respondent No. 1 & 2 and is filing his memo of appearance on behalf of Respondent No. 3 who is only LR of main complainant.

       

During the course of arguments, learned Counsel for the parties filed compromise and submitted that matter may be disposed of with refund of amount deposited by appellant with State Commission in pursuance to order of this Commission dated 3.12.2010 and respondents will have no other claim against appellant and this amount is to be given as ex-gratia amount subject to withdrawn of allegation of negligence made in the complaint.

       

Consequently, in the light of compromise entered between the parties, impugned order dated 30.07.2010 passed by learned State Commission  in Complaint No. 09/2005 – Anil Kumar Singh Vs. Principal, St. Michael School is modified and Respondent No. 2 Ankita Rani who has now become major is awarded amount deposited by appellant Rs. 75,000/- with accrued interest, if any, as ex-gratia amount on account of the said incident and allegation of negligence as observed by the learned State Commission and imputed by complainant on OP/appellant stands withdrawn. Respondent No. 2 Ankita Rani is permitted to withdraw the aforesaid amount from learned State Commission. For withdrawal of statutory amount, Appellant is free to move any application, if so advised.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
PREM NARAIN
MEMBER

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