NCDRC

NCDRC

RP/3695/2011

M/S. FAMILIA HOSPITAL & RESEARCH CENTER - Complainant(s)

Versus

MEERAJ BEGUM & ORS. - Opp.Party(s)

MR. K. MARUTHI RAO & MRS. K. RADHA

05 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3467 OF 2011
 
(Against the Order dated 13/08/2011 in Appeal No. 958/2008 of the State Commission Andhra Pradesh)
1. DR. SHABIR AHMED
S/o Abdulla Bhai, R/o H.No-10-317/20/A, Vijayanagar Colony
Hyderabad
A.P
2. Mohd. Sultan, S/o Mohd Jamel ( Late)
R/o 12/1/489/13 GD Darga, Asifnagar
Hyderabad
A.P
3. Gulafsha D/o Mohd Jameel (late)
R/o 12/1/489/13 GD Darga, Asifnagar
Hyderabad
A.P
4. Kaikasha D/o Mohd Jameel (Late)
R/o 12/1/489/13 GD Darga, Asifnagar
Hyderabad
A.P
...........Petitioner(s)
Versus 
1. MEERAJ BEGAM & ORS.
repo By its Director , Moies Situated at-8-2-677/B, Road, No-12 Banjara Hills,
Hyderabad
A.P
...........Respondent(s)
REVISION PETITION NO. 3695 OF 2011
 
(Against the Order dated 30/08/2011 in Appeal No. 958/2008 of the State Commission Andhra Pradesh)
1. M/S. FAMILIA HOSPITAL & RESEARCH CENTER
Rep by its Director, Dr Rashees Begum, Situtated, at - 8-2-677/B, Road No-12, Bajara Hills
Hyderabad
A.P
...........Petitioner(s)
Versus 
1. MEERAJ BEGUM & ORS.
W/o Mohd Jameel (Late), R/o 12/1-489/13 G.D Darga, Asifnagar,
Hyderabad
A.P
2. Mohd Sultan, S/o Mohd Jameel ( Late)
R/o 12/1-489/13 G.D Darga, Asifnagar,
Hyderabad
AP
3. Gulafsha, D/o Mohd Jameel ( Late)
R/o 12/1-489/13 G.D Darga, Asifnagar,
Hyderabad
A.P
4. Kaikasha D/o Mod Jameel (Late)
R/o 12/1-489/13 G.D Darga, Asifnagar,
Hyderabad
A.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER

For the Petitioner :
Mr. K. Maruthi Rao, Advocate
For the Respondent :
MR. P. Prabhakar, Advocate

Dated : 05 Nov 2012
ORDER

Both parties have entered into a joint compromise in above noted petitions. Joint settlement deed signed by both parties have been placed on record . Same are marked as Exhibit C1. As per joint compromise, Petitioners in (R.P. No. 3467 of 2011) and (R.P. No. 3695 of 2011 ) have decided to pay jointly a total sum of Rs.5,00,000/- (Rupees five lakhs only) to the complainants including Rs.3,65,000/- (Rupees three lakhs sixty five thousand only) already deposited with the District Consumer Disputes Redressal Forum -III, Hyderabad on the direction of this Commission, being full and final settlement in consideration of the family of the deceased and on humanitarian grounds. Remaining amount of Rs.1,35,000/- (Rupees one lakh thirty five thousand only) will be paid jointly by the Petitioners in both the revision petitions, by way of crossed cheque/demand draft to the complainants. Accordingly, Petitioners in (R.P. No. 3467 of 2011 and R.P. No. 3695 of 2011) have no objection to the withdrawal of amount of Rs.3,65,000/- (Rupees Three lakhs sixty five thousand only) together with interest thereon, by the family of the deceased Mohd. Jameel (that is the complainant ), which is lying deposited with the District Consumer Disputes Redressal Forum-III, Hyderabad. It has also been agreed by both the parties that they shall withdraw all the cases, allegations, charges, demands, complaints etc. in these cases and also shall not prefer any fresh claims, cases, demands whatsoever etc., against each other now or in future before any judicial/law & order authority throughout the country. Complainants in both these revision petitions very clearly express and admit that there was no negligence or carelessness on the part of Dr. Shabbir Ahmed (Petitioner in R.P. No.3467 of 2011) and the doctors, staff and administration of Familia Hospital (Petitioner in R.P. No. 3695 of 2011). Further, complainants have requested in the joint compromise that the agreed amount be distributed among the legal heirs of deceased Mohd. Jameel (late) in the following manner; (i) Amount of Rs.1,00,000/- (Rupees one lakh only) be paid to Mrs. Meraj Begum w/o Mohd. Jameel (late). (ii) Amount of Rs.2,00,000/- Rupees two lakhs only) be deposited in the name of Gulafsha d/o Mohd. Jameel (late) in any Nationalized Bank as Fixed Deposit. (iii) Amount of Rs.2,00,000/- Rupees two lakhs only) be deposited in any Nationalized Bank as Fixed Deposit in the name of Kaikasha d/o Mohd. Jameel (late) and FDR papers to be handed over to Mrs. Meraj Begum w/o Mohd. Jameel (late) Petitioners herein have considered the request of the complainants/respondents herein, and have come to conclusion, that there is no objection to the distribution of the money subject to fulfillment of statutory requirements and they (Petitioners herein) shall not be held responsible at any time in future by any or all members of the respondents/complainants acting on their behalf. Mrs. Meraj Begum w/o Late Mohd. Jameel shall be solely responsible for this and shall keep the Petitioners indemnified forever with regard to any claim now or in future whosoever on their behalf in the matter. In view of the terms of joint compromise, Ex.C1, impugned order dated 30.8.2011 passed in (F.A. No. 958 of 2008) by the State Consumer Disputes Redressal Commission, Andhra Pradesh is set aside since both the Petitioners in (R.P. No. 3467 of 2011 and R.P. No. 3695 of 2011) unconditionally withdraw these revision petitions.The complainants /respondents have also withdrawn all the allegations of medical negligence and deficiency in service made against both the Petitioners herein (in C.C. No.478 of 2007). Further, complainants/respondents withdraw (F.A. No. 958 of 2008) filed before the State Commission, without any stigma on the part of Petitioner-Hospital ( in R.P. No. 3695 of 2011) and also the Petitioner -Doctor ( in R.P. No. 3467 of 2011). Accordingly, both the above noted revision petitions stand disposed of, in the terms of joint compromise (Exhibit C1) filed by the parties. All the parties shall be bound by the terms of the joint compromise. No order as to costs.

 
......................J
V.B. GUPTA
PRESIDING MEMBER

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