PTI Jul 13, 2012, 02.40AM IST
Death of a patient due to rash or negligent act of a doctor is an accident, making the kin entitled to the accidental death benefits from the insurer, the country's apex consumer panel has held.
The National Consumer Disputes Redressal Forum (NCDRC) gave the ruling while ordering the Life Insurance Corporation (LIC) of India to pay accidental death benefits to the husband of the insured, who had died while being operated upon.
"The life assured (the insured) died during an operation by the treating doctors. Thus, the injury to the life assured was an accident caused by outward, violent and visible means and therefore, the Life Insurance Corporation of India cannot be absolved from its liability to pay the accidental benefits to the complainant," the NCDRC said.
The LIC had denied the accidental benefits to Haryana resident Narender Singh, the husband of the insured, saying his wife's death during surgery was not an accident.
It had also contended that the doctors were not negligent or rash as they had performed the surgery fairly without any ill-intention or mens rea.
The bench presided by Justice J M Malik rejected the contentions as "devoid of force" and pointed out that "a criminal case under Section 304-A of the IPC is pending against the doctors.
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