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K.S.GUPTA, R.K.BATTA
MASTER M. A. GADAFFI – Appellant
Versus
MERCEDES BENZ INDIA LTD. – Respondent


Advocates Appeared:
Mr. G. Umapathy and Mr. M.M. Manivel, Advocates, for the Appellant; Mr. M.S. Pandit, Advocate, Mr. Pravesh Thakur and Mr. V. Balaji, Advocate, for the Respondent

ORDER

K.S. Gupta, Presiding Member - Complaint was filed by complainant Nos. 1 and 2, minors through their paternal grandfather-S.A. Ghani, complainant No. 3 and complainant No. 3, inter alia, alleging that a Mercedes Benz. Car E-250 D (bearing Regd. No. TN 72 J 8888) was purchased by Sabari Malik, mother of complainants 1 and 2 on 22.2.1997 for a sum of Rs. 22,53,501 from opposite party No. 2. Opposite party No. 1 is the manufacturer-cum-distributor of the car while opposite party No. 2 is the authorised dealer of opposite party No. 1. It was alleged that on 10.8.1997 at about 2.30 p.m. Meeran Malik, father of complainant Nos. 1 and 2 and his wife Sabari Malik accompanied by M.K.M. Buhari and his wife Pathimuthu Zamila Beevi were returning after attending a social ceremony at Nagercoil by the said car. Car was being driven at normal speed by Meeran Malik who was holding a driving licence. Near village Takkarammalpuram, suddenly a small goat crossed the road and with a view to save the goat, Meeran Malik swerved the car to the extreme left of the road. Car collided against a way side tree and separated into two parts. Meeran Malik, Sabari Malik and Pathimuthu Zameela Beevi died in t

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