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2026 Supreme(Online)(Ker) 12972

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MAIMUNATH.K. – Appellant
Versus
MANOJ.T. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.M.RAFIQ
For the Respondents: SRI.P.SAMSUDIN, SHRI.E.C.AHAMED FAZIL, SRI.JOHN JOSEPH VETTIKAD, SRI.JASNEED JAMAL, SMT.LIRA A.B., SMT.DEVIKA E.D., SRI. LAL K. JOSEPH, SC.

JUDGMENT The 1st petitioner is the 2nd respondent in OPMV No.184 of

2022. Petitioners 2 to 5, subsequently impleaded as additional supplementary respondents 4 and 6 to 8, are the legal heirs of the 1st respondent, who expired on 25.09.2025. The said OP(MAC) was filed claiming compensation on account of the death of the 1st respondent’s son in a road accident.

2. The 1st petitioner herein, who is the guardian of the 2nd petitioner, filed Ext.P5 application to implead the rider and owner of a vehicle bearing registration No.KL-53/Q 0457, which he claims is the other vehicle involved in the accident, as a necessary party by amending the written statement, and to incorporate the plea regarding said vehicle's involvement as well.

3. Ext.P6 objection was filed by the claimants. The Tribunal, by Ext.P7 order, found that the 1st respondent had given evidence as RW2, and he had stated the involvement of the vehicle bearing registration No.KL-53/Q 0457. It is also stated that there was no request made to make the driver of the vehicle an accused in the crime and since there was no prima facie material to connect the involvement of the vehicle bearing registration No.KL-53/Q 0457, in this case,

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