KAPIL KULSHRESTHA Vs. OM PRAKASH AND ORS.

JUDGEMENT

(1.) THE matter in this Revision Petition is before us in the second round of litigation. In the first round, the Complaint had been returned by the District Forum to the Complainant. In its order of 31.7.2007, the Complainant was given the liberty to approach a Civil Court. The Appeal of the Complainant against this order was allowed by the State Commission on 01.10.2007 and compensation of Rs. 1.60 Lakhs was awarded to be paid by Dr. Kapil Kulshreshtha/OP No. 1. In the Revision Petition, challenging this award, the National Commission considered the matter at length and remanded it back to the State Commission with the following observation:

(2.) ACCORDINGLY , the Appeal of the Complainant has been heard and decided by the State Commission in a detailed order of 09.09.2011. The State Commission has allowed the Complaint of the Appellant/Complainant with substantial enhancement of the award, as compared to its order of 01.10.2007. The following award has been made which is now the subject matter of challenge in the present Revision Petition:

(3.) THE above order has been challenged by Dr. Kapil Kulshrestha in the present Revision Petition. The Complainant, is listed as Respondent No. 1, Ojha Nursing Home has been listed as Respondent No. 2, (by its new name) and the Oriental Insurance Company as Respondent No. 3. During the course of pendency of the Revision Petition, this Commission has directed release to the Complainant of a total sum of Rs. 2.60 Lakhs, deposited by the Revision Petitioner, subject to furnishing of security to the satisfaction of the Registrar.