RAM DHAN Vs. NOIDA MEDICARE CENTER LTD

JUDGEMENT

(1.) By this order, we shall dispose of application dated 27.9.2000 filed by Dr. Harsh Jauhri, opposite party No.2 and another application dated 27.9.2000 filed by Dr. Ashok Kumar, opposite party No.3.

(2.) Complainants/non-applicants have filed a complaint under Sec.17 of the Consumer Protection Act, 1986 ('the Act') against M/s. NOIDA Medicare Center Limited, opposite party No.1, Dr. Harsh Jauhri, opposite party No.2 and Dr. Ashok Kumar, opposite party No.3 on the allegations that death of wife of complainant No.1 and mother of complainant Nos.2 to 4 took place due to negligence/deficiency in service on the part of the above mentioned opposite parties.

(3.) In the application filed by opposite party No.2 Dr. Harsh Jauhri, it is stated that the applicant was insured by the New India Insurance Company Limited vide Insurance Policy No.4631140100274. Copy of the insurance policy is enclosed with the application. It is stated that the Insurance Company is a necessary party and that in the interest of justice the New India Insurance Company be added as opposite party. Accordingly, this application is being moved seeking permission of this Commission to add the New India Insurance Company Limited as opposite party in the said case and that cause title of the said petition be amended accordingly. The application is accompanied by affidavit of Dr. Harsh Jauhri, Kidney Transplant Surgeon. Similarly, in the other application filed by opposite party No.3, Dr. Ashok Kumar it is stated that the applicant was insured by the New India Insurance Company vide Insurance Policy No.4631150200759. Copy of the Insurance Policy is enclosed with the application. It is stated that the Insurance Company is a necessary party and, therefore, be added as opposite party.