NCDRC

NCDRC

RP/2068/2017

JINDAL HEART INSTITUTE & INFERTILITY CENTRE - Complainant(s)

Versus

VEER PAL KAUR ALIAS NAVDEEP KAUR & ANR. - Opp.Party(s)

MR. MADHUKAR PANDEY, MR. A. MISHRA & MR. U.K. SINGH

22 Jan 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2068 OF 2017
 
(Against the Order dated 14/02/2017 in Appeal No. 437/2016 of the State Commission Punjab)
1. JINDAL HEART INSTITUTE & INFERTILITY CENTRE
THROUGH DR. RAJNI JINDAL, INFERTILITY CENTRE POWER HOUSE ROAD,
BATHINDA
PUNJAB
...........Petitioner(s)
Versus 
1. VEER PAL KAUR ALIAS NAVDEEP KAUR & ANR.
W/O. SH. SUKHJEET SINGH R/O. VPO KALLIAN WALI TEHSIL ABOHAR,
DISTRICT-FEROZEPUR
PUNJAB
2. TATA AIG GENERAL INSURANCE CO. LTD.,
THROUGH ITS MANAGING DIRECTOR/AUTHORISED PERSON, PENINSULA BUSINESS PARK TOWER A, 15TH FLOOR, GANPATRAO KADAM MARG, LOWER PARLE
MUMBAI
MAHARAHSTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr.Madhukar Pandey and Ms.Damanjit
Kaur, Advocates
For the Respondent :
Mr.Rakesh Gupta, Advocate for R-1
with Mr.Sukhjeet Singh, husband of
R-1
Ms.Anjalli Bansall, Advocate for R-2

Dated : 22 Jan 2018
ORDER

        We are happy to note that during the pendency of this Revision Petition, the contesting parties have entered into an out of court amicable settlement.

        As per the terms of settlement, on the Petitioner’s paying to the Complainant a lump sum amount of ₹1,00,000/-, by way of ex gracia payment as also withdrawing its Civil Suit filed against the Complainant and on Complainant’s withdrawing all allegations of alleged negligence on the part of the treating doctor/Petitioner, the Complainant shall not be left with any claim in respect of the Complaint, giving rise to the present Revision Petition, against the Petitioner.

        Since a sum of ₹2,77,000/- is stated to have already been deposited in the State Commission, we direct that out of the said amount, a sum of ₹1,00,000/- shall be released to the Complainant by means of a Pay Order/Demand Draft in her favour by the State Commission and the balance amount, along with accrued interest, if any, shall be refunded to the Petitioner forthwith.  On such payments, the orders passed by the Fora below shall stand set aside.  The husband of the Complainant, who is present in person, states that he would ensure that the public at large is assured that there was no negligence on the part of the treating doctor in treating in wife and the pain and sufferings undergone by the Complainant could not be attributed to the Petitioner.

        The Revision Petition stands disposed of in the above terms.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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