ORDER

1. Leave granted.

2. A complaint was filed before the Consumer Forum by Respondent 1 claiming damages on the ground of medical negligence. The complaint was allowed by the District Forum. The State Commission and the National Commission both dismissed the further appeals preferred by the appellant. The only question which the appellant seeks now to raise is whether the New India Assurance Company from which the appellant has taken an insurance policy could be directed to meet the claim which has now been found against the appellant.

3. We have been taken through the stand of the Insurance Company before the District Forum. There is no denial of liability under the insurance policy. All that has been decided is the liability of appellant himself. The learned counsel appearing on behalf of the Insurance Company readily concedes that the matter is in fact covered by the insurance policy taken out by the appellant in respect of the claim of medical negligence. In that view of the matter, the appeal is disposed of by directing the respondent Insurance Company to indemnify the appellant to the extent of its liability under the insurance policy.

4. Respondent I will be entitled to withdraw the amount deposited by the appellant in the District Forum pursuant to the order passed by this Court on 5-9-2003. The Insurance Company, upon proof of such withdrawal shall indemnify the appellant within a period of two weeks thereafter.

5. The appeal is, accordingly, disposed of but without any order as to costs.