Negligence by doctor - Insurer is liable to pay to the extent of its liability

Last updated: 09 May 2023

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The Supreme Court has ruled that if a doctor is found negligent, their insurance company must pay compensation to the claimant, up to the limit specified in the insurance policy. This decision clarifies that the insurer is liable to reimburse the compensation amount against the negligent doctor, even if the policy is in the doctor's name and the claim involves a hospital. The court upheld the National Consumer Disputes Redressal Commission's finding of negligence and directed the insurer to fulfil its obligations under the policy.

Court :
Supreme Court of India

Brief :
The Supreme Court has held that in a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the complainant to the extent of its liability under the Insurance Policy as, against the Doctor concerned.

Citation :
CIVIL APPEAL NO. 6224 OF 2013

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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