NEW INDIA ASSURANCE CO LTD Vs. KANTA & 5 ORS W/O SUKHVINDER KUMAR; SAINI HOSPITAL; J S SAINI, C/O SAINI HOSPITAL; SANDHU HOSPITAL; TEJPAL SINGH SANDHU; TULIS MEDICINE ULTRASOUND & X RAYS CLINIC

JUDGEMENT

(1.) New India Insurance company, who was opposite party No. 6 in the original complaint, has filed this revision petition under Section 21(b) of the Consumer Protection Act, 1986 on the ground that Punjab State Consumer Disputes Redressal Commission (herein after referred as 'State Commission') has allowed the appeal of the complainant and directed the petitioner/insurer to pay the compensation of Rs.1 lakh for medical negligence to the complainant under the Professional Indemnity insurance policy which was taken by Dr. J. S. Saini, OP 2/respondent No. 3.

(2.) We have perused the entire file and orders of both the fora below. The District Forum, Amritsar dismissed the complaint whereas the State Commission allowed the appeal filed by the complainant, by holding OP-2/Dr. J. S. Saini liable for medical negligence. It is pertinent to note that Dr. J. S. Saini/OP-2 did not prefer any revision petition before us, meaning thereby OP-2 has accepted the decision of Hon'ble State Commission.

(3.) The instant revision petition has been filed by the New India Assurance Co. Ltd., stating that the direction given by the State Commission to them for reimbursement of the amount in question to Dr. J. S. Saini/OP-2, for his alleged medical negligence, was not in accordance with law. The insurance company stated that the said doctor was an Ayurvedic doctor and hence, he was not competent to provide Allopathic treatment to the patient. Since the said doctor had provided Allopathic treatment and indulged in medical negligence, as per the conclusion of the State Commission, the insurance company was not liable to pay the claim to him under the terms and conditions of the insurance policy. The direction to the petitioner/insurance company to pay the amount in question should, therefore, be withdrawn.