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2007 Supreme(Online)(KER) 20801
HIGH COURT OF KERALA
P.R.RAMAN, ANTONY DOMINIC, JJ
K.P. AJITHKUMAR – Appellant
Versus
STATE – Respondent
MFA/799/2001
Important Points
Subject
Tort Law - Motor Vehicle Accident
Act Referred
Headnote
Accident - Claim Petition - Kerala Water Authority - Non Joinder - Remand
Fact of the Case:
The appeal concerns a claim petition related to an accident where a claimant was hit by a car owned by the Kerala Water Authority. An issue arose regarding the proper parties being named in the claim.
Finding of the Court:
The court found that while there was initially a non joinder of necessary parties, the subsequent correction allowed by the tribunal cured this defect. Therefore, the tribunal's rejection of the claim was deemed incorrect.
Issues: Whether the initial non joinder of the Kerala Water Authority as a necessary party in the claim petition warranted dismissal of the claim.
Ratio Decidendi: The court held that the amendment allowing the inclusion of the Kerala Water Authority rectified the defect of non joinder, thus the Tribunal's ruling to dismiss the claim petition was erroneous.
Final Decision: The order is set aside, and the case is remanded to the Tribunal for fresh consideration.
ADV. SRI.R.SUDHISH, ADV. SMT.CHINCY GOPAKUMAR, SC, KWA, GOVERNMENT PLEADER SRI.BENNY GERVASIS, SRI.M.DINESH , SC, KWA
J U D G M E N T
Antony Dominic, J.
The appeal is filed by the claimants in OP(MV) 78/92 on the file of MACT, Ernakulam. The accident occurred on 7/12/1991, in which a car bearing Registration No.KBE 2096 hit the bicycle on which the claimant was travelling.
2. The State of Kerala represented by Executive Engineer, Kerala Water Authority was impleaded as first respondent in the claim petition, apparently for the reason that the Kerala Water Authority is the registered owner of the vehicle involved in the accident. Subsequently noticing the erroneous manner in which the registered owner was impleaded, the claimant had filed IA 1010/98 praying for correcting the cause title of the claim petition by deleting the 1st respondent and adding the Kerala Water Authority represented by its Executive Engineer, IPD Division, MFA 799/2001 Ernakulam, Kochi-18 as the first respondent. Although this amendment as sought for by the claimant was allowed by order dated 3.4.1999, it is seen from the cause title that the first respondent viz. State of Kerala was not deleted. In the above circumstances, holding that there has been non joinder of necessary parties, the Tribunal rejected the claim petition and aggrieved by the said award, the appellant has come up in appeal.
3. We notice that although there was initially non joinder of necessary party to the proceedings due to non impleadment of Kerala Water Authority, that defect was cured by the order passed by the Tribunal in IA 1010/98. Therefore with that order, the defect of non joinder has been cured and in that view of the matter, the approach adopted by the Tribunal that there was still non joinder of parties is incorrect. We feel that for this reason, the impugned order should be set aside and the matter needs to be remanded back to the Tribunal for fresh disposal treating that there has been impleadment of necessary parties.
MFA 799/2001 The order is therefore set aside and the case is remanded back to the Tribunal for fresh consideration and disposal in accordance with law.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp
