Does the negligent or rash act of a doctor which causes the death
of his patient immediately, comes within the parameters of an accident?
The National Consumer Disputes Redressal Commission
(NCDRC) in Life Insurance Corporation of India Vs Narender
Singh2 observed:
Death of a patient due to rash and negligent act of a doctor is an
accident, making the victim entitled to the accidental death benefits from his
or her insurer. The LIC was ordered to pay the accidental death benefits to the
husband of the insured, who had died while being operated upon. The NCDRC held
“..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 LIC had denied the accidental benefits to the complainant
saying his wife death during the surgery was not an accident.
Advocate
at Hemanth & Associates
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