Sharon Dinah Chavala: FA NO 2081 of 2018. 2003 (4) CPJ III NC
Sharon Dinah Chavala: FA NO 2081 of 2018. 2003 (4) CPJ III NC
Sharon Dinah Chavala: FA NO 2081 of 2018. 2003 (4) CPJ III NC
Intern at ubAdvocate
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Date: 04-02-2022.
However, the Supreme Court has admitted the appeal. The controversial order is
against the several other rulings of the same commission on the same point of
law pronounced by the same co-equal bench. Merely because some judge has
some other logic, the precedent of law cannot be disturbed to cause controversy
and confusion.
In the case of Dr. C. C. Choubal vs. Pankaj Srivastava, 2 the Supreme Court
had held that insurance company is a necessary and proper party and it will be
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FA NO 2081 of 2018.
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2003 (4) CPJ III NC.
easier for the complainant to claim compensation. Further in the case of New
India Assurance Co. Ltd. vs. Hardeep Singh & Others, 3 it had been made
clear that when an insurance company is made a party to the case, then the
company cannot challenge the same by stating that there has been no medical
negligence or the quantum of the case is more or less or that the compensation
should be made or not.
Therefore, Mr. Abhishekh, I would suggest you firstly, to make the insurance
company as a party to the case in all circumstances. Whenever any notice comes
from the Court, immediately the same should be sent to the insurance company
in writing and make an application before the Court stating to make the
insurance company a party to the case.
Sd/-
Intern at ubAdvocate
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Revision Petition Nos. 2640/2022 & 2648/2002.