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2003 Supreme(SC) 1466

S.N.VARIAVA, H.K.SEMA
P. P. Mohammed – Appellant
Versus
K. Rajappan – Respondent


ORDER :

S.N. Variava, J. - These appeals are filed against the judgment of the High Court of Kerala dated 13-11-1997.

2. Briefly stated, the facts are as follows: on 21-6-1977, an accident took place which resulted in an injury to the first respondent. The first respondent filed a claim before the Motor Accidents Claims Tribunal wherein the person in whose name the car was registered i.e. the appellant (herein) was the first respondent, the driver of the vehicle was the second respondent and the insurance company was the third respondent. An ex parte decree came to be passed in that matter. However, the same was set aside and thereafter the appellant and the driver filed written statements. The appellant claimed in his written statement that he had already sold off the vehicle to the 4th respondent herein. The driver in his written statement stated that the vehicle was owned by the 5th respondent (herein) and he was in the employment of the 5th respondent. The claimant, therefore, made an application to join the 4th and 5th respondents to his petition. By an order dated 12-11-1986 they were impleaded as Respondents 4 and 5 to the original petition. The trial then proceeded. Having co

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