Death caused by doctor's negligence qualifies for accident insurance: apex consumer court

New Delhi, Jul 12 (PTI): Death of a patient due to rash or negligent act of a doctor is an accident, making the victim entitled to the accidental death benefits from his or her 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 the accidental death benefits to the husband of an 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 the 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 Indian Penal Code) is pending against the doctors. A criminal case crops up by a negligent and rash act. Mens rea is not required." It also observed "the negligence and rashness" as well as deficiency of service of the doctors was evident from the fact that no anaesthetist was present during the surgery. "Without calling the anaesthetist, the doctors should not have treated the patient at all. This itself speaks deficiency in service on the part of the doctors as well as negligence and rashness," the NCDRC said. The apex consumer commission gave its judgment while dismissing LIC's plea challenging an order of the Haryana State Consumer Commission, which had upheld the verdict of the District consumer forum. The district forum had held the death of the insured during the surgery was an accident and had directed LIC to pay the accidental death benefits to her husband. The district forum's order had come on the complaint of Narender Singh, who had alleged his wife had died due to wrong treatment by the doctors who were performing the surgery. Singh had said his wife was admitted for surgery as she was suffering from blockage of her fallopian tubes and was having trouble conceiving. He had said he had bought a life insurance policy from LIC for an assured amount of Rs 50,000 and also having accidental death benefits. Singh had alleged when he filed his claim, the LIC only paid the assured amount and denied the accidental death benefits.