MEDICAL NEGLIGENCE WHEN CAUSED BY DOCTORS, THE INSURER IS LIABLE TO COMPENSATE THE COMPLAINANT: SUPREME COURT OF INDIA The bench comprising of Justice A.S. Bopanna and Justice Dipankar Datta in the case of Nagarmal Modi Seva Sadan v Prem Prakash Rajagaria & ors observed that if the negligence caused death of the complainant, the insurance of doctors also includes reimbursing compensation to the complainant. The extent of liability will be the amount mentioned in policy and the remaining amount would be compensated by hospital and doctors jointly and severally. National Consumer Disputes Redressal Commission (NCDRC) in 2013 ruled the hospital and doctors liable for death of complainant due to medical negligence. The finding was based on evidence and report submitted by AIIMS hospital. Supreme Court refused to interfere in the NCDRC’s findings and passed the judgement where The New India Assurance Co. Ltd. (insurer) was held liable to compensate the complainant. The Apex Court referred to the judgement in Sheth M.L. Vaduwala Eye Hospital vs. Oriental Insurance Co. Ltd., (2021). Reddy and Reddy Law Firm with our Law Experts have strong practise groups specialized in civil and criminal law. We also serve clients facing transactional issues making their expectations our first priority.