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2026 Supreme(Online)(SCDRC) 8108

STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA
B. Sudheendra Kumar, President, Ajith Kumar D., Judicial Member, K.R. Radhakrishnan, Member
KOYILI HOSPITAL – Appellant
Versus
KV SHAJI – Respondent
FIRST APPEAL NO. SC/32/A/309/2018|APPEAL No.309/2018



Advocates:
For the Appellants/Petitioners: M.C. Suresh
For the Respondents: G.S. Kalkura, V.S. Bhasurendran Nair, M. Kesavankutty Nair

An appeal may be disposed of by the Commission if the parties have voluntarily entered into a settlement agreement, provided the Commission is satisfied with the authenticity of the agreement.

Headnote:(Settlement of Dispute) - Voluntary Agreement - Where parties to an appeal have voluntarily entered into a settlement agreement, the Commission may accept the terms of the agreement and dispose of the appeal accordingly. (Para 3, 4)

Issues: Whether the appeal can be disposed of in terms of a voluntary settlement agreement reached between the parties.

Table of Content
1. acceptance of a voluntary settlement agreement between parties to resolve a dispute. (Para 1 , 2 , 3)
2. disposal of appeal in terms of settlement and release of statutory deposits. (Para 4 , 5 , 6)

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No.309/2018

ORDER DATED : 31.07.2026

(Against the order in C.C.No.197/2009 on the files of DCDRC, Kannur)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT

SRI. AJITHKUMAR D. : JUDICIAL MEMBER

SRI. K.R. RADHAKRISHNAN : MEMBER

APPELLANTS:

1. Koyili Hospital, Talap, P.O. Pallikunnu, Kannur represented by Managing Partner

2. Dr. Rema Devi, Gynaecologist, Krishna, Chirackal P.O., Kannur – 670 011

3. C.P. Sujala, Staff Nurse, Koyili Hospital, Talap, P.O. Pallikunnu, Kannur – 670 011

4. K. Bhaskaran (dead), Managing Partner, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

5. Dr. Pramod (dead), S/o K. Bhaskaran, Partner, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

6. K. Preetha, D/o K. Bhaskaran, Partner, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

7. K. Pradeep, S/o K. Bhaskaran, Partner, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

8. K. Santha, W/o K. Bhaskaran, Managing Partner, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

9. Sulochana M.R., W/o Late Dr. Pramod, Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

10. Adwaid Koyili (minor), S/o Late Dr. Pramod (represented by his Mother, Sulochana M.R.), Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

11. Akshay Koyili (minor), S/o Late Dr. Pramod (represented by his Mother, Sulochana M.R.), Koyili Hospital, P.O. Chirakkal, Kannur – 670 001

(by Adv. M.C. Suresh for Additional Appellants 9,10 & 11)

Vs.

RESPONDENTS:

1. K.V. Shaji, S/o Kelu Nair, Payyan Valappil House, Chirakutty, P.O. Anchampeedika, Thaliparamba Taluk, Kannur represented by his Power of Attorney Holder, K.V. Santhosh Kumar, S/o Kelu Nair, Payyan Valappil House, Chirakutty, P.O. Anchampeedika, Taliparamba Taluk, Kannur – 670 331

2. Hiran (minor), represented by his Father K.V. Shaji, represented by his Power of Attorney Holder, K.V. Santhosh Kumar, S/o Kelu Nair, Payyan Valappil House, Chirakutty, P.O. Anchampeedika, Thaliparamba Taluk, Kannur – 670 331

3. T.V. Kunhiraman, Thazheveetil, Eripuram Amsom, Chengal Desom, Kannur Taluk, Kannur – 670 631

4. P. Santha, W/o Kunhiraman, Thazheveetil, Eripuram Amsom, Chengal Desom, Kannur Taluk, Kannur – 670 631

(by Adv. G.S. Kalkura for R1 to R4)

5. Nithu V. Devassia, D/o Devassia, Staff Nurse, Koyili Hospital, Vadakkeparambil, Pulikurumba, P.O. Naduvil, Thaliparamba Taluk, Kannur – 670 582

(by Advs. V.S. Bhasurendran Nair & M. Kesavankutty Nair)

6. Thomas K. Joseph, Staff Nurse, Koyili Hospital, Talap, P.O. Pallikkunnu, Kannur – 670 004

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT

When this matter has been taken up for hearing, it has been submitted by the learned counsel for the appellants that the matter has been settled between the parties. The settlement agreement is also produced along with an application requesting to record the settlement and release the statutory deposit.

Heard the learned advocates on both sides.

We have gone through the settlement agreement and we are satisfied that the parties have voluntarily signed the settlement agreement. In the said circumstances, the said agreement stands accepted.

In the result, this appeal stands disposed of in terms of the settlement agreement.

The settlement agreement shall form part of this order.

The entire deposit made by the appellants before this Commission and the District Commission in connection with this appeal shall be released to the appellants on proper acknowledgement.

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