Should Doctors' heirs renew their indemnity insurance after their death?

NCDRC in the case of JAIN HOSPITAL & ANR. Versus 1. ANAR KUNWAR, 2. Dr. Urmil Aggarwal Jain Hospital, 3. Dr. Tarun Badwal decided in Jul 2015 on such a matter. Dr. Tarun Bedwal had died after the order of the District Forum and during the pendency of the appeals before the State Commission. The State Commission dismissed the complaint against All 3 opposite parties. Appeal filed in NCDRC that SCDRC was not justified in dismissing the complaint against Dr. Tarun Bedwal, without returning a finding that there was no negligence or deficiency on his part in treating the complainant. Since Dr. Tarun had expired no one had represented him in the appeal. Order of district forum awarding 2,50,000 compensation to be paid by Dr. Tarun Bedwal restored against his Estate. Also as per Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908); The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. Even though the death of the doctor has not been covered in CPA 2019, a civil suit filed would probably follow the Code of civil procedure in this matter.

The issue whether a dead person can be sued for compensation obviously stares you in the face. But India is a diverse country where the establishment may continue to be operated by surviving spouse who may not be of same speciality. So far the judiciary has penalized the insurance company by making the insurer who had covered the insured at the time the cause of the action arose but the issue of retroactive date, event-based, and claim based policy will someday need to be adjudicated by the honorable SC especially when the stakes are high. Only then will my apprehension be laid to rest that I may be sued even after my death and my insurer may refuse to indemnify. I understand that this is a theoretical risk but unless the terms of insurance are corrected, this may well, become a reality.