Order Date: 13.10.2022.

            Both sides file hazira.

Today is fixed for passing order in respect of M.A. Case being No. 59/2022.  The record is taken up for passing order.

On 03.08.2022 the OP No.1 has filed a petition supported by an affidavit praying for impleading the Oriental Insurance Company Ltd. as OP No.3, as it is the insurer of OP No.1. The OP No.1 further stated that the said Insurance Company issued professional indemnity bearing Insurance policy No. 272200/48/2020/5891 effective from  26.12.2019 to 25.12.2020 and he filed a Xerox copy of the said Policy.

The complainant raised strong objection at the time of hearing. Ld. Advocate for the OP No.1 has cited a decision reported in   IV (2003) CPJ III (NC). From the Xerox copy of the Insurance Policy, it is found that the said Insurance Policy has been issued by the Oriental Insurance Company Ltd. Wherein the professional indemnity has been assured in favour of OP No.1. The Hon’ble N.C.D.R.C. in the cited decision observed that “Insurance Company may not be a necessary party but it is certainly a proper party inasmuch as claim against the Doctor would be covered if there is any medical negligence found against him. It would be more appropriate if Insurance Company is made a co-respondent. Subsequently the orders against the Doctor, if any are passed there would be no difficulty for the complainant to get the amount of compensation to the extent of amount of the policy from the Insurance Company”. Under the above facts and circumstances the Oriental Insurance Company as mentioned in the M.A. Case may be added as co-opposite party in this case by way of necessary amendment by the complainant.

Accordingly, the M.A. Case 59/2022 be and the same is allowed on contest but without any cost. The complainant is directed to take necessary steps for amendment of the complaint in view of the findings of this M.A. Case. Thus the M.A. Case being No. 59/2022 is disposed of.

Let a copy of this order be given to the parties on free of cost.

          Dictated & corrected by me.

                                 President

                D.C.D.R.C , Purba Bardhaman.

                 Member                                                 Member                                        President

     D.C.D.R.C , Purba Bardhaman           D.C.D.R.C , Purba Bardhaman.    D.C.D.R.C , Purba Bardhaman

Latter:-

C.C. No. 113/22

          In view of the Order passed in M.A. Case being No. 59/2022 the complainant is directed to take necessary amendment of the complaint.

            To 13.12.2022 for taking necessary steps for amendment of the complaint.

     Member                                                   Member                                        President

     D.C.D.R.C , Purba Bardhaman           D.C.D.R.C , Purba Bardhaman.    D.C.D.R.C , Purba Bardhaman