13.08.22     (National Lok Adalat)

Today the case is fixed for disposal of the appeal in National Lok Adalat.

Learned counsel Ms. Sakshi Anand for the appellant, learned counsel Sh. Praveen Kumar for respondent No. 2 and learned counsel Sh. J.K. Jain alongwith Sh. Vaibhav Jain for respondent No. 3 have appeared before the Commission.

Learned counsel for the respondent No. 1 has stated that now no dispute remains between the parties, as there was no deficiency in operation conducted by the concerned doctor.  As per the version of the respondent No. 1 – complainant, if there is no deficiency in service on the part of the doctor - appellant, hence no case is made out against the appellant to direct him to pay the compensation to the respondent No. 1 - complainant. 

Both the parties have clearly stated that both have settled the matter out of the Commission, hence, the complaint be dismissed as withdrawn and the appeal be allowed accordingly.

As per the averment made by the respondent No. 1’s counsel as well as appellant’s counsel, no dispute remains regarding the deficiency of service of the concerned surgeon / doctor, hence, no case is made out under the Act. 

Hence, the complaint case is dismissed as withdrawn against all the opposite parties of the complaint case and the appeal shall stand as allowed.  No order as to costs. The above-mentioned compromise shall form part of the order.

The statutory amount, if any, deposited by the appellant before the State Commission or the District Commission be released in favour of the appellant, as per law.  A copy of the order be sent to the concerned District Commission for perusal and necessary compliance.

                        File be consigned to the record room alongwith the copy of the order.