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2026 Supreme(Online)(Ker) 6462

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
CHACKO STEPHAN – Appellant
Versus
CHERIYAN IYPE [DIED] – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JAI GEORGE, SMT.DAISY A.PHILIPOSE
For the Respondents: SHRI.SURIN GEORGE IPE

JUDGMENT

This appeal is filed by the third respondent, who is the owner in possession of the offending vehicle, challenging the award dated 25.08.2011 in O.P.(MV) No.993 of 1996 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents 1, 2, 4 and 5 and the claimant before the tribunal.

2. According to the claimant, on 06.03.1996 at about

9.45 p.m., while the claimant was riding a motorcycle bearing Reg.No.KL-8E-938 along Thrissur to Kanjani road, a car bearing Reg.No.KEK-9171 driven by the second respondent in a rash and negligent manner, hit the motorcycle and sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,39,000/-.

3. The first respondent/previous owner of the car filed a written statement contending that he had transferred the car to one Chacko Steephen and that he is the present owner of the car and is to be impleaded being a necessary party. The second respondent/driver of the car filed a written statement denying negligence on his part. The then impleaded third respondent filed a written statement contending that he was not the owner of the car at the time of the accident, as

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