RAMKISHAN Vs. MONU KHATIK

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner- claimant challenging the order dt. 9 th August, 2019, whereby the application filed under Order 1 Rule 10 read with Section 151 CPC filed by the Insurance Company has been allowed and it has been directed that driver, owner and insurer of the other vehicle i.e. motor cycle, be impleaded as parties in the claim petition.

(2.) Counsel for the petitioner-claimant submitted that in the alleged accident which took place on 1 st February, 2017, serious injuries were sustained by the petitioner and the petitioner filed a claim petition against the driver, owner and insurer of the other vehicle bearing No. RJ-08-UA-2945. Counsel for the petitioner submitted that the application filed by the Insurance Company under Order 1 Rule 10 CPC has wrongly been allowed by the Tribunal.

(3.) Counsel submitted that impleadment of the parties is the sole discretion and choice of the claimant and if there are two colliding vehicles, claimant reserves his right to make the driver, owner and insurer of the vehicle against whom he wants claim and as such he cannot be insisted that all the joint tort feasors in case of composite negligence, should be made party.