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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


Advocates:
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

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