Daily Order 17/05/20, 12)21 PM

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Complaint Case No. CC/344/2016

Kiran Kochhar Vs. Sri Guru Harkrishan Sahib (C)

Eye Hospital and Others

BEFORE:
G.K.Dhir PRESIDENT
Ms. Natasha Chopra MEMBER

For the Shri Mavpreet Singh, counsel for complainant.

Complainant:
For the Opp. Shri Jasmeetsingh, counsel for OP No.1, 2 and
Party: 4.
Shri Vaibhav Goyal, counsel for OP No.5
Ms. Surmeet Kaur filed POA for OP No.3.
Dated : 23 Oct 2019
Order

Arguments heard on application for deletion of name of OP No.5 i.e. HDFC ERGO General
Insurance Company. This application filed by claiming that as per judgment dated 09.04.2019
passed by Hon’ble National Consumer Disputes Redressal Commission in First Appeal
No.208 of 2018 namely Bajaj Allianz General Insurance Company Ltd. Vs. Devender Mohan
Anand & Anr. it has been held that impleading of hospital’s insurer will be necessitated as
and when cause of action will accrue against the insurer. As per this judgment in case of
medical negligence, dispute remains between hospital or the treating doctor and the
complainant, but insurer is not a proper or necessary party in such cases. This application
opposed by OP No.2 by claiming that application not maintainable in view of order 1 Rule 13
CPC because objection of non joinder and misjoinder of parties are to be taken at the earliest.
Counsel for complainant suffered statement on 26.08.2019 that he has no objection in
deletion of name of OP No.5 from array of parties. Complainant is dominus litus of the case
and as such he cannot be compelled to pursue the case against a party from whom relief is not
claimed by him. Being so, application deserves to be disposed of with the observation that in
view of law laid down by Hon’ble National Commission in First Appeal No.2081 of 2018
decided on 09.04.2019 (referred above). As OP No.5 i.e. insurer is not a necessary party at
this stage and as such as and when cause of action will accrue against OP No.5 on
adjudication of medical negligence then insurer will be at liberty to defend the case as per
law. Application disposed of accordingly.

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Daily Order 17/05/20, 12)21 PM

Counsel for OP No.3 seeks adjournment for consideration on application for deletion of name
of OP No.3. For consideration put up for 18.11.2019.

[ G.K.Dhir]
PRESIDENT

[ Ms. Natasha Chopra]

MEMBER

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