Sharon Dinah Chavala: FA NO 2081 of 2018. 2003 (4) CPJ III NC

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Sharon Dinah Chavala

Intern at ubAdvocate

sharondinah1804@gmail.com

+91 9492661217

Date: 04-02-2022.

Dear Mr. Abhishekh,

I express my gratitude for contacting me for my legal opinion pertaining to your


case, I have gone through the facts of your case and in this regard I have come
to the below observations and accordingly, I would like to bring light to you
that National Consumer Disputes Redressal Commission in its recent judgment
in the case of Bajaj Allianz General Insurance Co Ltd vs. Devendra Mohan
Anand & Anr.,1 had ruled that hospital cannot be permitted to implead their
insurance company as a party in the case of medical negligence. The dispute is
between the complainant and the hospital and not between the complainant and
the insurance company of the hospital. Further, the court ruled that the cause of
action of the hospital is future and contingent. However, the hospital may claim
from the insurance company as and when the cause of action so arises in the
future by filing a separate case in the appropriate court of law/forum.

However, the Supreme Court has admitted the appeal. The controversial order is
against the several other rulings of the same commission on the same point of
law pronounced by the same co-equal bench. Merely because some judge has
some other logic, the precedent of law cannot be disturbed to cause controversy
and confusion.

In the case of Dr. C. C. Choubal vs. Pankaj Srivastava, 2 the Supreme Court
had held that insurance company is a necessary and proper party and it will be
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FA NO 2081 of 2018.
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2003 (4) CPJ III NC.
easier for the complainant to claim compensation. Further in the case of New
India Assurance Co. Ltd. vs. Hardeep Singh & Others, 3 it had been made
clear that when an insurance company is made a party to the case, then the
company cannot challenge the same by stating that there has been no medical
negligence or the quantum of the case is more or less or that the compensation
should be made or not.

Therefore, Mr. Abhishekh, I would suggest you firstly, to make the insurance
company as a party to the case in all circumstances. Whenever any notice comes
from the Court, immediately the same should be sent to the insurance company
in writing and make an application before the Court stating to make the
insurance company a party to the case.

My legal opinion is based on the YouTube video


(https://www.youtube.com/watch?v=HCqcFUKRZbE) of Jeevan Prakash,
AOR, Supreme Court and I feel that this opinion can be relied on in order to
solve this issue and can be acted on safely.

Sd/-

Sharon Dinah Chavala

Intern at ubAdvocate

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Revision Petition Nos. 2640/2022 & 2648/2002.

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