ORIENTAL INSURANCE CO. LTD. Vs. JAGRUT NAGRIK

JUDGEMENT

(1.) By this order we propose to dispose of the above noted revision petitions involving similar question of law and fact. The revision petitions are directed against the impugned order of State Consumer Disputes Redressal Commission Gujarat Ahmedabad dated 30.11.2012 vide which the State Commission dismissed the appeals preferred by the petitioner insurance company against the similar orders of the District Forum.

(2.) The petitioner insurance company being aggrieved of the orders of the District Forum in respective complaints preferred appeals claiming that the District Forum has committed an error in holding the insurance company jointly and severally liable to pay compensation to the respective complainants ignoring the fact that there was no privity of contract between the petitioner and the complainants or the first opposite party, namely, Sheth M.L.Vaduwal Eye Hospital, Vinobha Bhave Marg, Vadodara. The State Commission, however, dismissed the appeals vide common order dated 30.11.2012 which is impugned in the above revision petitions.

(3.) Briefly put, the fact relevant for the disposal of the above revision petitions are that opposite party no.1, namely, M/s Sheth M.L. Vaduwal Eye Hospital held an eye camp wherein the complainants, who had registered themselves on payment of registration fee of Rs.250/-, were operated upon for cataract of eye. According to the complainants, the doctors and the surgery team of the above noted hospital were negligent while conducting surgery inasmuch as they used non sterilized surgery appliances, contaminated medicines and inferior quality lenses. Consequently, the above noted complainants developed infection of eye and suffered loss of vision. The complainants, therefore alongwith consumer organization Jagrut Nagrik Trust filed separate consumer complaints seeking compensation from the hospital and the petitioner insurance company. Allegations against the insurance company were that they had issued Professional Indemnity Dr. (IMA) Insurance Policies in the name of Dr.Shah Anisha, Dr.Vadhani Rajshree, Dr. Pala Sajida Ismail, Dr. Thakkar Bhadresh, Dr.Jiruwala Fakhri, Dr. Chokshi Neelam Chirayu.