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2020 Supreme(Ker) 314

ANIL K.NARENDRAN
Oriental Insurance Co. Ltd. – Appellant
Versus
Salim S/o Khader – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. George Cherian.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV) No. 1893 of 2006, a claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by respondents 1 and 2, claiming compensation on account of the death of their daughter Baby Shabanas, a minor aged 4 years, in a motor accident, which occurred on 13.06.2006, involving a pick-up van bearing registration No. KL-7/BB-5310 owned by the 3rd respondent and insured with the appellant herein. Going by the averments in the claim petition, on 13.06.2006, at about 7.00 pm, Baby Shabanas along with her brother Master Muhammed Shameem aged 2½ were playing in the pick-up van parked at Pushpanagar Colony. The pick-up van suddenly moved and hit on an electric post. Both children were thrown out of the pickup van and they sustained severe head injury. Master Muhammed Shameem succumbed to the injuries on the way to hospital and Baby Shabanas succumbed to the injuries on the very same day, while undergoing treatment at Ernakulam Medical Centre, Palarivattom. Alleging that Baby Shabanas died on account of the injuries sustained in a motor accident invo

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