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2020 Supreme(Ker) 262

ANIL K. NARENDRAN
Ayyappan Pillai – Appellant
Versus
Thomas M. S/o Mathan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. A.J. Varghese.
For the Respondents: Sri. P. Jacob Mathew, Sri. Mathews Jacob, Sri. T.J. Michael, Sri. P. Noor Semir.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellants are the claimants in O.P. (MV) No. 1095 of 1995 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, a claim petition filed under Section 163A of the Motor Vehicles Act, 1988, claiming compensation on account of the death of their son Ashok, in a motor accident which occurred on 19.10.1995, while he was riding a scooter bearing registration No. KL-7/E-6734. At the place of accident, the scooter hit on a bicycle coming from the opposite direction and it overturned. In the accident, he sustained fatal injuries, who succumbed to the injuries on the next day, while undergoing inpatient treatment at the Medical College Hospital, Kottayam. Going by the averments in the claim petition, the scooter belonged to the 1st respondent, who purchased it from the 2nd respondent, ten days before the accident. However, the insurance policy was transferred in his favour only five days after the accident. The deceased was riding the scooter with the consent of the 1st respondent owner. Alleging that the deceased died on account of the injuries sustained in a motor accident involving scooter bearing registration No. KL-7/E-6734, claim petition

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