JAFFER.P.ABOOBACKER Vs. VISHNU P.

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution of India, challenging Ext.P10 order dated 31.05.2016 passed in I.A.No.2556 of 2016 in O.P.(MV) No.10 of 2013 on the files of the Motor Accidents Claims Tribunal, Ernakulam, whereby the Tribunal dismissed the petition for impleading the 4th respondent herein as the additional 4th respondent in the Claim Petition before the Tribunal. Material facts for the disposal of the original petition are as follows:

(2.) Petitioner is the 1st respondent in O.P.(MV) No.10/2013 on the files of the Motor Accidents Claims Tribunal, Ernakulam [hereinafter called 'the Tribunal']. Claim petition is filed by the 1st respondent seeking compensation for the injuries sustained by him in a motor accident on 11.08.2012, when the motor cycle on which the 1st respondent was travelling as a pillion rider, hit on an electric post. Petitioner appeared and filed a written statement contending that the said vehicle was sold by him on 20.05.2011. The Insurance Company denied the liability as the vehicle was covered by an "Act only Policy", which does not cover the pillion rider. On enquiry, petitioner got the materials such as police reports, 'kaichittu' based on which the motor cycle was released after the accident, statements of respondents 1, 3 and 4 herein, registration particulars of the motor cycle etc., to indicate that at the time of accident, motor cycle was under the ownership and possession of the 4th respondent.

(3.) Matters being so, petitioner filed I.A.No.2556/2016 seeking impleadment of the 4th respondent in the party array. However, the Tribunal vide Ext.P10 order dismissed the said application by holding that the 4th respondent is not a necessary party to the proceedings. It is thus challenging Ext.P10 order, petitioner has filed this Original Petition.