Concealment Of Material Facts By Insurance Company, NCDRC Imposes Costs

A bench comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member, has observed that the Insurance Company deliberately tried to conceal the separate report submitted by the Surveyor regarding cause of fire and did not file the same along with the Appeal. The bench noted that, there is clear concealment of material fact on the part of the Insurance...

A Mere Deviation From Normal Professional Practice Is Not Necessarily Evidence Of Negligence; Reiterates NCDRC

A bench comprising Justice Dr. S.M. Kantikar, Presiding Member and Binoy Kumar, Member, has relied upon the case of Jacob Mathew vs. State of Punjab and Anr., which stated that "A mere deviation from normal professional practice is not necessarily evidence of negligence. Also, a mere accident is not evidence of negligence. So also, an error of judgment on the part of a professional...

In Medical Negligence Case, NCDRC Finds Hospital And Doctors Liable

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient's duty of care starts from the time of admission. The responsibility of care is on treating doctor and hospital till the patient's discharge from the hospital. The bench stated that it appears the doctors in the S.P. Fort hospital in Thiruvananthapuram, Kerala was...

Person Not Eligible Under FBS-AIOS Scheme, As There Was Material Concealment In Membership Form; NCDRC

A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that the patient concealed material fact that he was free from major ailments and for the last two years he has not suffered from any cancer or underwent any major operation. Material concealment of the Renal Carcinoma in the membership form filled by the deceased, is not acceptable...