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S.KUMAR, N.K.JAIN
KAVITA SALUJA – Appellant
Versus
AQEELA BEE – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :Mr. Somendra Saxena, Advocate.
For the Respondents:Mr. Ajay Gupta, Advocate.
For the Insurance Company : Mr. Anurag Khaskalam.

ORDER

Mr. Justice N.K. Jain, President—Both these appeals under Section 15 of the Consumer Protection Act, 1986, one (No. 2067/2002) by opposite parties and the other (No. 58/2003) by complainant, arise from the order dated 7.10.2002 passed by District Consumer Disputes Redressal Forum, Bhopal in Case No. 317/2001 directing opposite party-Dr. Smt. Kavita Saluja to pay to complainant-Smt. Aqeela Bee compensation Rs. 50,000 and cost of litigation Rs. 2,000.

2. In Appeal No. 2067/2002 filed by opposite party-Dr. Kavita Saluja and her husband-Dr. Ajeet Saluja, with the leave of this Commission Oriental Insurance Company Ltd. has been allowed to be impleaded as respondent-opposite party. The permission was granted in view of the Professional Indemnity (Dr. IMA) Insurance Policy obtained by Dr. Kavita Saluja from the respondent-company for a sum of Rs. 10,00,000 and which was in force from 10.5.2000 to 9.5.2001. It was during this insurance cover period of the policy that Dr. Kavita Saluja performed medical termination of pregnancy of complainant-Smt. Aqeela Bee on 22.7.2000 at Saluja Nursing Home run by her and her husband Dr. Ajeet Saluja. It is no more in dispute that during this M.T.P.


















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