HEMANT CHOPRA Vs. KULWINDER SINGH

JUDGEMENT

(1.) All the three appeals, noted above, are being decided by this common judgement inasmuch as they arise out of same judgement rendered by the State Consumer Disputes Redressal Commission, UT Chandigarh in complaint case no. 27/2003(Pb)/13/2007.

(2.) For sake of convenience, the parties may be referred by their nomenclature as it was before the State Commission. By the impugned judgement, the complaint was partly allowed. The State Commission directed payment of compensation to the tune of Rs. 14,80,000/- to the complainants by the Opposite party nos. 1 & 2 jointly and severally. The State Commission also directed that since the opposite party nos. 1 & 2 were insured, the insured amount could be recovered from the insurance companies to the extent of Rs. 10 lakhs each. Feeling aggrieved, original opposite party no. 1 Dr. Hemant Chopra and Opposite Party No. 2, Dayanand Medical College and Hospital, have jointly preferred FA No. 458/2007. So also, opposite party no. 4, Oriental Insurance Co. Ltd. has preferred FA No. 581/2007 due to direction of recovery under the Insurance Policy being liability of the insured under writer. Being dissatisfied with the quantum of compensation awarded, Kulwinder Singh and others, who were the original complainants, have preferred appeal (FA No. 737 of 2007).

(3.) Complainants, Kulwinder Singh and others are the husband and sons respectively of deceased Smt. Jaswinder Kaur. Smt. Jaswinder Kaur was a teacher in a Government Middle School, Ghangas, District Ludhiana at the relevant time prior to her death. She died on 22.01.2003 as a result of intestinal cancer.