C C CHOUBAL Vs. PANKAJ SRIVASTAVA

JUDGEMENT

(1.) IN a case of medical negligence against the petitioner-doctor, an application was filed by him to implead the INsurance Company as co-respondent. This application was dismissed by the District Forum and appeal against that by petitioner was also dismissed by State Commission. INsurance Company may not be a necessary party but it is certainly a proper party inasmuch as claim against the Doctor would be covered if there is any medical negligence found against him. It would be more appropriate if INsurance Company is made a co-respondent. Subsequently the orders against the Doctor, if any, are passed there would be no difficulty for the complainant to get the amount of compensation to the extent of amount of the policy from the INsurance Company. IN this view of the matter we do not feel necessary to issue notice to respondent-complainant and we allow this petition. Orders of District Forum and State Commission are set aside and application of the doctor is allowed. INsurance Company shall be impleaded as a co-respondent. Fresh memo of parties shall be filed by the petitioner in the complaint and thereafter notice shall be issued to respondent and complaint will thereafter be disposed of in accordance with law. Let the petitioner appear before District Forum, Bhopal when notice shall issue to respondent by District Forum, Bhopal. Revision Petition is disposed of in above terms. Revision Petition disposed of.