Assam

StateCommission

A/78/2005

Dr. Harendra Nath Sarma Son of Late Mohan Chandra Sarma - Complainant(s)

Versus

Smti Minu Bhatta Baruah W/o Sri Jayanta Kumar Baruah - Opp.Party(s)

Mr. K.Agarwal

19 Feb 2018

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
First Appeal No. A/78/2005
( Date of Filing : 17 Aug 2005 )
(Arisen out of Order Dated in Case No. of District )
 
1. Dr. Harendra Nath Sarma Son of Late Mohan Chandra Sarma
Darrang College Road PO and PS. Tezpur District. Sonitpur Assam
...........Appellant(s)
Versus
1. Smti Minu Bhatta Baruah W/o Sri Jayanta Kumar Baruah
Village. Dhalaibil PO. Naharbari PS. Jamuguri, District. Jamuguri Assam.
2. B.K.Memorial Hospital
Natun Para PO-Tezpur
Sonitpur
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE A. Hazarika PRESIDENT
 HON'BLE MR. Dilip Kr. Mahanta MEMBER
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
PRESENT:Mr. K.Agarwal, Advocate for the Appellant 1
 Mr. S. K. Singh,Advocate, for Mr. B.Sarma, Advocate for the Respondent 1
Dated : 19 Feb 2018
Final Order / Judgement

                Heard Mr. K. Agarwal, learned Sr. counsel, assisted by Mr. D.K. Chomal, learned counsel, appearing for the appellant. Also heard Mr. S.K. Singh, learned counsel, appearing for the respondent No. 1.

               A joint petition dated 19-02-2018 for settlement has been filed by both the parties, stating therein that they have amicably settled the matter and the present appeal may be disposed of accordingly.                       

               In the aforesaid joint petition it has been specifically stated by the appellant that the aforesaid settlement has been arrived on humanitarian consideration and the same does not imply admission of negligence on the part of the appellant.

               In view of the above settlement arrived at between the parties, nothing survives for decision of the appeal on merit and in view of above the Commission does not find any necessity to enter into the controversy of making any decision on the alleged negligence on the part of the appellant. Accordingly, the present appeal stands disposed of being settled in terms of the joint petition filed today.

               Both the parties shall be bound by the terms of settlement.

               The joint compromise petition filed by the parties shall form part of record.

               Statutory amount of Rs. 25,000/- deposited by the appellant at the time of filing the appeal shall be adjusted against the settlement amount. The respondent No. 1 may withdraw the statutory amount and the same may be released to the respondent No. 1 immediately.

               Send back the original record along with a copy of this order to the District Forum.

 
 
[HON'BLE MRS. JUSTICE A. Hazarika]
PRESIDENT
 
 
[HON'BLE MR. Dilip Kr. Mahanta]
MEMBER
 
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER
 

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