PRAVEEN KUMAR BHATIA Vs. M GHOSH

JUDGEMENT

(1.) This application has been moved under Order 1. Rule 10(2) read with Section 151 of the Code of Civil Procedure by New India Assurance Company Limited tor being impleaded as party in the suit.

(2.) Facts, in brief, leading to the filing of the present application are that Praveen Kumar Bhatia has tiled the present suit against defendants I and 2 who are the doctors and Defendants 3 the Nursing Home owned by Defendant 2, on the ground that due to their gross negligence in treating tbe plaintiff's wife, they have cauaed death of plaintiff's wife and thus plaintiff <PG>10</PG> claims Rs. 20 lacs as damages from the defendants. The plea taken by the applicant insurance company in the application is that defendant being a qualified medical practitioner had obtained an insurance cover policy for the relevant period covering the risk as "Doctors Indemnity Insurance. IMA Medical Protection Scheme" to the tune of Rs, l,00,000.00 , so it is mentioned in the application that applicant's interests are likely to be affected by any decision to be given in the suit and thus applicant should be allowed to be joined as defendant for defending the suit.

(3.) This application is strongly opposed by the plaintiff taking the plea that the applicant is neither a necessary nor a proper party to this suit and the question arising in this suit can be effectively decided, without impleading the applicant as parly. It has also been contended on behalf of the plaintiff that no relief has been sought by the plaintiff against the applicant.