Appellant was the opp.party before the State Commission. Respondent/complainant’s son was admitted in appellant hospital on 09.01.1990 for treatment of CSF Rhinorrhea and on the basis of CT Scan on 16.01.1990 the Doctors told that condition of respondent’s son was stable and there was no need for operation. However, respondent’s son died within 15 days. Alleging medical negligence against the appellant hospital respondent filed the complaint before the State Commission seeking compensation of Rs.10 Lakh. Complaint was dismissed. Respondent being aggrieved filed an appeal before this Commission. Since no expert evidence had been produced by either of the parties, this Commission set aside the order passed under appeal and remitted the case back to the State Commission to decide it afresh after taking expert evidence. Expert evidence was led by both the parties. State Commission allowed the appeal and directed the appellant to pay Rs.1,50,000/- to the respondent/complainant along with interest @ 9% p.a. from 21.12.1992 till realization. Rs.20,000/- were awarded as costs. Appellant was directed to comply with the directions within two months failing which the appellant was held liable to pay interest @ 12% p.a. from 13.1.2012 till the date of passing of the order. Appeal came up for hearing before us on 16.7.2012. Keeping in view that the parties had been in litigation for the last 22 years and may have spent more than the amount involved, we requested the counsel for the appellant to find an amicable settlement of the dispute with the respondent. Appellant accepting our request has entered into a settlement with the respondent. The meeting was held between the parties on 24.08.2012 at 10:30 a.m. in the chamber of the Director of the appellant hospital. Respondent agreed to accept Rs.4 Lakh towards full and final settlement of the dispute. Minutes of the meeting were singed by the appellant, respondent and Mr. N. Raju, Advocate who were present in the meeting. Copy of settlement arrived at between the parties is taken on record. On the last date of hearing, counsel for the appellant had stated that he has no objection to the payment of sum of Rs.1,50,000/- deposited by the appellant before the State Commission in pursuance to the direction issued by this Commission. The case was adjourned for today to enable the appellant to pay the remaining amount of Rs.2,50,000/- to the respondent. Counsel for the appellant has handed over to the counsel for the respondent a Demand Draft bearing No. 415586 dated 24.9.2012 for a sum of Rs.2,50,000/- drawn on State Bank of Travancore in favour of the respondent. Counsel for the respondent states that the respondent has already withdrawn the sum of Rs.1,50,000/- deposited by the appellant before the State Commission. WE have our own doubts regarding the finding of medical negligence recorded by the State Commission against the hospital. Since a settlement has been arrived at between the parties, we dispose of the appeal in terms of the settlement. Findings of negligence recorded against the appellant are set aside. Registry is directed to refund the statutory amount of Rs.35,000/- deposited by the appellant at the time of filing the appeal to the appellant. | 
