By the impugned order, State Commission has found OPs 2 and 3 guilty of medical negligence and has directed all the three opp.parties to pay Rs.1 lakh each along with interest @ 9% from the date of filing of the complaint till realization. Opp.party No.1 had accepted the order and agreed to deposit Rs.1 lakh. Aggrieved against the order of the State Commission, Complainant has filed F.A. 102/2006 seeking enhancement of compensation; Opp.party No.2 has filed F.A. 137/2006 and Opp.party No.3 has filed F.A. 212/2006. On a statement made by the counsel for the parties, the case was adjourned to 8.8.2012 to explore the possibility of an out of court settlement. On 8.8.2012, learned counsel for the Complainant, after taking instructions, stated that the appellant is prepared to settle the dispute on payment of Rs.6 lakh in all along with the interest accrued on the sum of Rs.3 lakh lying deposited with the State Commission. Counsel for the opp.parties stated that the opp.parties are prepared to enter into compromise provided the Complainant gets the criminal complaint No.76/2000 got registered by him with Police Station North Mangalore under Section 304A read with Section 34 of I.P.C. against the opp.parties quashed/dismissed. The case was adjourned for today to enable the opp.parties to pay the agreed amount to the complainant. Counsel for the parties state that settlement has been arrived at between the parties. Opp.parties have agreed to pay a sum of Rs.6 lakh in all to the appellant/Complainant including the sum of Rs.3 lakh lying deposited with the State Commission. Counsel for OP-2 has handed over cheque No.099640 dated 30.8.2012 for Rs.1,50,000/- drawn on Canara Bank in favour of Madhavan Malankad (Appellant No.1 in F.A.102/2006) for himself and for and on behalf of other appellant/complainants. Counsel appearing for OP-1 states that OP-1 has agreed to pay the sum of Rs.1,50,000/- to Madhavan Malankad for himself and for and on behalf of other appellant/complainants within 4 weeks. Counsel for the appellant/complainant, after taking instructions, states that the complainant withdraws the allegations of medical negligence made by him against the Opp.parties; that the complaint filed by him before the State Commission be dismissed as withdrawn; that he shall get the criminal complaint No.76/2000 registered by him with Police Station North Mangalore under Section 304A read with Section 34 of I.P.C. against the opp.parties quashed/dismissed. In view of the statement made by the counsel for the parties, the appeals are disposed of in terms of the agreement arrived at. Complaint as well as the Appeal filed by the complainant is dismissed as withdrawn. Appeals No.212 and 137/2006 filed by the opp.parties are allowed in terms of the settlement arrived at. Opp.party No.1 is directed to pay the sum of Rs.1,50,000/- to Madhavan Malankad for himself and for and on behalf of other appellant/complainants within 4 weeks from today. State Commission is directed to release the sum of Rs.3 lakh lying deposited with it along with accrued interest in favour of Madhavan Malankad for himself and for and on behalf of other appellant/complainants. Since the awarded amount as per settlement has been disbursed to the complainant/appellant, statutory amount of Rs.35,000/- deposited by the appellants in F.A. No.137 and 212/2006 be released to them. | 
