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1989 Supreme(Del) 7

P.K.BAHRI
PRAVIN KUMAR BHATIA – Appellant
Versus
M. GHOSH – Respondent


Advocates Appeared:
M.K.Garg, S.K.Paul, Salil Paul

P. K. Bahri, J.

( 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 plaintiffclaims 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




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