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Judgment
Delay of 169 days and 370 days in filing FA 527/2011 and FA 414/2012, respectively, is condoned.
We are happy to note that with the active intervention of the Learned Counsel, the dispute, subject matter of these Appeals, has been amicably settled between the parties. Keeping in view the condition of the Complainant, the Appellants, i.e., the Doctors and the Hospital, have volunteered to pay to her a lumpsum amount of 17.5 lac as ex-gratia amount, subject to the Complainant withdrawing all the allegations of medical negligence against the Appellants.
The offer is acceptable to the Complainant, represented through her Counsel.
It is agreed that the amount deposited by the Appellants in terms of our order dated 07.09.2011 along with accrued interest, if any, on the said amount, shall be released to the Complainant, by the State Commission, forthwith. On receiving the said amount, the Complainant shall send due intimation to the Hospital about the total amount so received. On receipt of the said information, the Appellants shall remit 50% of the balance amount, out of the total amount of 17.5 lac, within four weeks thereof. The balance 50% of the said amount shall be paid within six weeks thereafter. On receipt of the total amount of 17.5 lac, all the allegations, subject matter of the Complaint, shall stand withdrawn and the Complaint shall be deemed to have been dismissed. Since the matter has been amicably settled between the parties, we direct that the statutory deposits made by the Appellants in these Appeals shall be refunded to them through Counsel.
All the Appeals stand disposed of in the above terms, with no further order as to costs.