JAVEDALAM- Appellant Versus INDERJIT KAUR AND ANOTHER - Respondents

Core ratio / Key holding

Headnote

Insurance Law - Medical Negligence - Indemnity

Issues for determination

• Whether the New India Assurance Company could be directed to indemnify the appellant for the claim of medical negligence, given the insurance policy.

Ratio decidendi

• An insurance company is liable to indemnify the insured for a claim of medical negligence if the matter is covered by the insurance policy and the company does not deny liability.

Important points

• Held, the respondent Insurance Company is directed to indemnify the appellant for the medical negligence claim under the existing insurance policy.
• Held, Respondent 1 is entitled to withdraw the amount deposited by the appellant in the District Forum.
• Held, the Insurance Company shall indemnify the appellant within two weeks upon proof of withdrawal by Respondent 1.