138 NI Act | Admission Of Signatures On Cheque Triggers Statutory Presumption Of Debt: Punjab & Haryana HC Magistrate Cannot Straightaway Issue NBW For Non-Appearance If Accused Is Already On Bail; Bail Valid Until Cancelled: Orissa High Court Bank Cannot Dishonour Cheques Merely Because Account Title Changed From Partnership To Proprietorship: Madhya Pradesh High Court Environmental Clearance Is Site-Specific; Violations At Different Site By Related Entity Not Ground To Deny New EC: Kerala High Court Advocate’s Failure To Formally Prove Fee Bill Not Fatal To Claim If Oral Evidence Establishes Non-Payment Of Agreed Professional Fees: Delhi High Court Police Officers Cannot Fight Over Specific Postings; Disciplined Force Must Prioritize Public Interest Over Location: Karnataka High Court RERA Section 18 Interest For Delayed Possession Is An Unqualified Absolute Right; Notice Under Section 55 Contract Act Not Required: Bombay High Court State Cannot Hand Over Additional Charge Of Sensitive Posts To Tainted Officers Facing Disciplinary Action: Madhya Pradesh High Court Mandatory Inquiry Under Section 202 CrPC Essential If Accused Resides Outside Jurisdiction; Commercial Breach Not Criminal Offence: Calcutta High Court Disciplinary Enquiry Cannot Be Quashed Merely For Delay In Conclusion; 6-Month Timeline Under G.O.Ms.No.679 Is Directory: Andhra Pradesh High Court Exoneration In Adjudication Proceedings No Bar To Criminal Prosecution If CBI Collects Independent Evidence Of Forgery & Conspiracy: Bombay High Court Public Prosecutor Not A 'Post Office' Of Investigating Agency; Independent Application Of Mind Mandatory For Extending Remand Beyond 180 Days Under NDPS Act: Andhra Pradesh High Court Complainant Cannot Use Section 311 CrPC To Reopen Pre-Charge Stage After Explicit Waiver & Framing Of Charges: Allahabad High Court Bomb Blast In Train Is An 'Accident' Under Railways Act, Union Of India Liable To Pay Compensation: Punjab & Haryana High Court Bail Hearing Can Proceed In Informant's Absence If Notice Was Served Despite Section 483(2) BNSS Mandate: Allahabad High Court

Supreme Court holds insurance company liable for medical negligence compensation

03 September 2024 10:00 AM

By: Admin


The Supreme Court of India, in a recent judgment in Nagarmal Modi Sewa Sadan v. Prem Prakash Rajagaria & Ors., has held that an insurance company is liable to reimburse compensation to the extent agreed under the policy when the doctors in whose name the policy had been issued were held to be negligent by the National Consumer Disputes Redressal Commission (NCDRC).

The case involved the death of a patient due to alleged medical negligence on the part of the appellant-hospital and the doctors who were working under it. The NCDRC had held the appellant-hospital and the doctors as negligent and ordered payment of compensation in a specific manner against the respondents before it.

The appellant-hospital had appealed against the NCDRC judgment before the Supreme Court, challenging the finding of negligence against the doctors. However, the Supreme Court found no other material available on record to arrive at a different conclusion and dismissed the appeal.

The Court clarified that the insurance company, which had issued the policy in favour of the doctors, would have to reimburse compensation to the extent of the liability under the policy as the doctors were also arrayed as respondents in the NCDRC and held to be negligent.

The Court modified the NCDRC's order to hold the insurance company liable to the extent agreed under the policy, and the appellant-hospital jointly and severally liable with other respondents for the remaining compensation. The Court ordered the release of the amount in deposit before it to respondent No.1 with accrued interest and directed the appellant-hospital and the insurance company to pay the balance of the amount payable as per the judgment in terms of their respective liability within four weeks.

In conclusion, the judgment clarifies the liability of an insurance company when a policy is issued in favour of doctors who are held to be negligent in a medical malpractice case. It also highlights the importance of ensuring proper medical care and taking responsibility for any negligence, as well as the need for insurance coverage to protect against such events.

Nagarmal Modi Sewa Sadan v. Prem Prakash Rajagaria & Ors.

Latest Legal News