PATIALA CARRIERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Where the claim as in the present case is for damages arising out of a motor accident and the alleged offending vehicle is said to be insured, the insurance company with which such vehicle was insured, would indeed be a proper and necessary party to the suit for damages. This being so, the trial Court clearly fall in error in declining the application under Order 1 Rule 10 of the Civil Procedure Code for impleading the Insurance Company as a party. The impugned order is accordingly set aside with the direction that the Insurance Company be allowed to be impleaded as a party to the proceedings.

(2.) A direction is also issued to the trial Court to decide this case as expeditiously as possible. This revision petition is hereby accepted. Costs of this petition shall be costs in the suit. Counsel fee Rs. 300/-.