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2019 Supreme(Raj) 2955

ASHOK KUMAR GAUR
Ramkishan – Appellant
Versus
Monu Khatik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Singh Rathore, Adv.
For the Respondent: Ritesh Jain, Adv.

ORDER :

Ashok Kumar Gaur, J.

1. The instant writ petition has been filed by the petitioner-claimant challenging the order dt. 9th 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 1st 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 tortfeasors in case of composite

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