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The Branch Manager vs Radhika on 21 April, 2015

23.In the case on hand, PW2 (Govindaraj) is the complainant and only in his behest, the FIR was registered which has been marked as Ex.P1 before the Tribunal. As seen from the FIR, it is clear that there was no presence of the goods at the time of the accident on 16.03.2012. The FIR (Ex.P1) is also part of the claim petition No.762 of 2012 as seen from clause 9 of the said claim petition. However, the complainant (PW2) has made a contradictory statement in his deposition before the Tribunal stating that he and the deceased were returning in the goods vehicle along with the marriage articles belonging to the owner and had acted as owner's representatives when the accident happened which resulted in the death of Raman. This Court is of the considered view that the ratio laid down by the Hon'ble Supreme Court in Rattani case referred to supra is squarely applicable to the facts of this case also and the decision relied upon by the learned counsel for the claimants in the case of Royal 14/20 https://www.mhc.tn.gov.in/judis/ C.M.A.No.66 of 2016 Sundaram Alliance Insurance Co. Ltd., Vs. D.Gunasekaran and Others has no bearing for the facts of the instant case as in that case the complaint was given by a third party who did not travel in the goods vehicle at the time of the accident.
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