New Delhi : The Supreme Court bench of Justice A S Bopanna and Justice Dipankar Datta held that when the doctor is held negligent along with the hospital than the Insurance Company will have to reimburse the compensation awarded to the complainant for any negligence to the extent of its liability covered under the Insurance policy as applicable to the concerned doctor. The court refused to entertain the contention of the Insurance company that when the policy is issued in the name of the doctor and the benefit is claimed by the hospital, it is not payable by the Insurance Company.
The case relates to the NCDRC holding the hospital and the doctors working in the hospital negligent for the death of the patient. As the hospital and doctors were held negligent jointly by the NCDRC, the insurance company “New India Assurance Co Ltd” contended that when the policy issued is in the name of the Doctors and the benefit is sought to be claimed by the Hospital, the same is not payable by the Insurance Company.Refuting the contention of the Insurance company the bench said that in the matter contested before the NCDRC, NCDRC has held the hospital and the doctors both as negligent. Further the bench said that as the doctors have also been held negligent the Insurance Company is liable to reimburse the doctor to the extent they had agreed under the policy though it may benefit the hospital who was not insured as the compensation is to be paid jointly and severally.