TARUNJIT DUTTA ROY Vs. BRANCH MANGER

JUDGEMENT

(1.) This revision petition is against the order dated 29th January 2010 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in First Appeal no. 406 of 2009 which was filed against the final order dated 26th June 2009 passed by the District Consumer Disputes Redressal Forum, Nadia ('the District Forum') in C F Case no. CC/ 08/ 65.

(2.) The petitioner in his complaint before the District Forum has stated that he had purchased a Professional Indemnity Policy for Doctors and Medical Practitioners, policy no. 4651240301334/589/49177 valid from 12.03.1998 to 11.03.1999 and continued up to 2003 and the indemnity limit was Rs.10 lakh. After receiving the notice of EA/08/15, the petitioner immediately informed the respondent to pay the awarded amount and to indemnify the claim vide his letter dated 17.11.2008 but the respondents failed to take any steps to indemnify the policy. As per the information gleaned from the District Forum's order in CC/08/ 65 it transpires that in 1999 the petitioner was attached to Nadia District Hospital at Krishnagar as an Orthopaedic Surgeon. One Mr Narayan Chandra Saha filed a case against him and two others in the Consumer Forum vide C F case no. 39/99 whereon the Forum has awarded compensation of Rs.2,67,750/- for medical negligence which occurred in the course of treatment by the petitioner. Narayan Chandra Saha filed the execution case no. EA/08/15 before the District Forum, Nadia for realisation of the sum of Rs.2,67,750/-. It is only after receiving the notice of the execution case no. EA 08/15, the petitioner vide his letter dated 17.11.2008 informed the respondent for making payment of the awarded amount. The respondents did not pay the said amount.

(3.) The respondents in their written version stated that the petition was barred by law of Special Law of Limitation.