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GUNASEKARAN, R.VANAROJA, A.RAMAN
KARPAGAMOORTHY AGENCIES – Appellant
Versus
P. T. A. V. RAJARATHINAM – Respondent


Counsel for the Parties :
For the Appellant :Mr. N. Krishnaveni, Advocate.
For the Respondent No. 1:Mr. P. Somasundaram, Advocate.
For the Respondent No. 2:Mr. K.S. Narasimhan, Advocate.
For the Respondent No. 3:M/s. Anand, Abdul & Vinodh Associates, Advocates.

ORDER

Thiru Justice A. Raman, President—We are of the view that the appeal has to be accepted. The admitted facts are that the complainant entered into a hire purchase agreement with the third opposite party for the purpose of purchasing a TVS moped two-wheeler. Accordingly, he deposited an advance of Rs. 399/- along with a sum of Rs. 940/- for registration. The vehicle was allotted to the complainant. The vehicle after allotment was taken to Sivaganga R.T.O. office for the purpose of registration. After the vehicle was registered in the name of the complainant, it was taken back to Karaikudi. While on the way, it met with an accident in which both the rider and pillion rider died.

2. The complaint is now filed for refund of a sum of Rs. 399/- and Rs. 940/- paid by the complainant and for a sum of Rs. 20,000/- as compensation for mental agony and for the return of the signed blank cheques alleged to have been handed over by the complainant to the first opposite party at that time. It is also admitted that with reference to the accident, two claim petitions were filed, one on behalf of the pillion rider and another on behalf of the rider before the Sivaganga Motor Accident Claims Trib






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