NEW INDIA ASSURANCE CO LTD Vs. HARDIP SINGH

JUDGEMENT

(1.) Both these petitions have been filed by the New India Assurance Company Ltd. through two different Counsels. These are against the orders of the Punjab State Consumer Disputes Redressal Commission upholding the orders of the District Forum wherein it was held that the medical doctors who were opposite parties in the complaint were negligent in the treatment of the patient. No relief as such was claimed in the complaints against the petitioner-Insurance Company and as far as complainants were concerned Insurance Company was proforma party to meet the liability arising out of the finding arrived at by the Consumer Forum that doctors who were covered by the insurance policies issued by the Insurance Company, were guilty of medical negligence. Complainants could not have perhaps proceeded against the Insurance Company otherwise. Revision Petition No. 2640/2002

(2.) The three complainants had filed complaint in the District Forum against seven opposite parties. In this case Dr. R.P.S. Walia is accused of medical negligence while performing the operation of 'gall bladder' of Mohinder Kaur. Dr. Ajay Goel was the anaesthetist at the time of operation. Allegations were on account of negligence of the doctors both the surgeon and anaesthetist Mohinder Kaur developed a ventricular techycardia followed by ventricular fabriliation. She suffered cardiac dysrhy-thmia, went into coma and did not regain consciousness. First complainant is the husband of Mohinder Kaur and second and third complainants are children. As noted above, complaining negligence which resulted in the condition of Mohinder Kaur, complaint was filed against the Nursing Home, the first opposite party (respondent No. 4 herein), Dr. Walia, second opposite party (opposite party No. 5 herein) and Dr. Goel, third opposite party (respondent No. 6 herein). The Nursing Home was insured with the United India Insurance Company Ltd. (respondent Nos. 8 and 9 herein), Dr. Walia with National Insurance Company Ltd. (respondent No. 7 herein) and Dr. Geol both with United India Insurance Company Ltd. and New India Assurance Company Ltd. (respondent Nos. 8 and 9 herein and petitioner). Holding that it was a case of medical negligence on the part of the Nursing Home and the two doctors, the District Forum allowed the complaint and passed the following order :

(3.) Against the order of the District Forum three appeals were filed. Appeal No. 551/1999 by the United India Insurance Co. Ltd. Appeal No. 559 by Dr. Walia jointly with National Insurance Co. Ltd. and Appeal No. 560/1999 by New India Assurance Co. Before the State Commission the only challenge by the Insurance Company was that the impugned order of the District Forum did not spell out ratio of compensation payable in respect of each of the Insurance Companies. All the appeals were dismissed by the State Commission. Impugned order was passed in Appeal No. 551/1999. Now it is the New India Assurance Co. Ltd. which felt aggrieved of the order of the State Commission and has filed this petition. There is no doubt that there was insurance cover given by the petitioner-Insurance Company and the Insurance Company was to indemnify the doctors on account of any negligence with clear finding of negligence by the District Forum and affirmed by the State Commission. It was incumbent on the Insurance Company to pay the amount under the policy and not to file this petition alleging that there is no medical negligence on the part of the doctors. It is not the case of the Insurance Company that doctor conceded to the judgment or there was any understanding between the complainants and the doctors. It is a matter of common knowledge that no medical doctor would have a finding of negligence returned against him and he fights the case to be best of his ability. Perhaps that was not enough for the Insurance Company to pay up the amount under the policy. We certainly do not appreciate the action of the Insurance Company in challenging the order of the State Commission.