BEFORE THE FAMILY CUM ADDITIONAL DISTRICT &

SESSIONS JUDGE COURT :: ONGOLE

M.V.O.P.No.91/2013
Darsinala Subbaravamma and others

..Petitioners

Vs
Shaik Ashraf Vali and others
..Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF

THE PETITIONERS (PW-1) U/Or 18 R 4 &
Sec.139 C.P.C
I, Darsinala Subbaravamma W/o.Late Hanumantha Rao,
aged about 34 years, Hindu, residents of residents of D.No.1-251, Main Street, B.C.Colony, Vellampalli Village, Maddipadu
Mandal, Prakasam District, do hereby solemnly affirm and
sincerely state as follows:I am the deponent herein and 1st petitioner in the above
O.P., and I am well acquainted with the facts of the case.
Petitioners 2 & 3 are my daughters, and 3 rd petitioner is being
minor and rep.by me as natural guardian and 4 th petitioner is
my mother.

The above O.P is filed for compensation for the

death of my husband, D.Hanumantha Rao, who died in a Motor

accident.
I submit that, prior to the date of accident, my deceased
husband had been worked as a Lorry driver since 15 years and
the deceased had been working as a Lorry driver under the 3 rd
respondent from 1 year and on the date of accident on 12-102012 at about 6-00 a.m., my husband went out of our home for

attending his professional duties and after that he returned

back to our home at about 3-00 p.m., on the same day and after
saying about his ongoing duties to me, he went out of our home
along with his Driving Licence to go to Rajahmundry for
unloading of wooden sticks, as per the instructions of the 3 rd
respondent and in his enroute, my husband stopped the lorry
bearing No.AP 27 V 4158 at Addanki Village for loading of
Wooden Sticks and after completion of loading of Wooden Sticks
in to the above said lorry, my husband proceeding towards
Rajahmundry along with cleaner, Chintala Cheruvu Edukondalu,
and at about 11-00 p.m., when my husband stopped his lorry, in
front of Sri Bha Oil Mill, which was situated at Renangivaram
Village of J.Pangulur Mandal, and my husband went to
Vigneswara Weigh Bridge, which was situated East side of NH-5
road and after completion of his work at Vigneswara Weigh
Bridge, at about 11-30 p.m., when my husband standing on left
side margin of NH-5 road, about to cross the NH-5 road on
Guntur to Ongole road, from East to West, the 1 st respondent,
who is the driver-cum-owner of Scorpio Maxi Cab bearing No.AP
27 TT 0786 drove the same with rash and negligent manner in
high speed without blowing horn and without observing the
vehicular traffic on the road dashed against my husband, while
proceeding from Guntur to Ongole NH-5 road, due to that hit,
my husband fell on the road and sustained grievous bleeding
injuries all over his body and died on the spot.

After the

accident, the 1st respondent fled away without stopping the

2

vehicle.

The accident was occurred solely due to rash and

negligent driving of the 1st respondent, who is the driver-cumowner of Scorpio Maxi Cab and the same was insured with the
2nd respondent and my husband died as a driver of lorry bearing
No.AP 27 V 4158 out of during the course of his employment
under the 3rd respondent and the same was insured with the 4 th
respondent.

After the accident a case was registered in

Cr.No.71/2012 U/Sec., 304-A I.P.C., of J.Pangulur P.S., and

investigated into and later traced out the crime vehicle.
deceased

husband

having

valid

driving

licence

My

bearing

No.DLRAP03700399802011 (LMV NT (25/02/2017) &

HTV, LMV T (24/11/2014).
Due to the sudden demise of the deceased we have
deprived our earning member. My deceased husband was aged
about 40 years and he would have lived up to 80 years as he
was hale and healthy at the time of accident. My husband had
been working as driver of the lorry bearing No.AP 27 V 4158 under
the 3rd respondent and used to get income of Rs.10,000/- per
month and maintaining us.

The petitioners 2 & 3 are the

daughters of the deceased and they are suffering with loss of

love and affection due to immature death of the deceased at
their young age.

The 4th petitioner is my mother and the

husband of the 4th petitioner was died few years back and she
has been living in our house and also depending upon the
income of the deceased. There are no one person to look after
our welfare. Due to my husbands sudden death we are not in a
3

position to attend to our normal avocations and are suffering

physically and mentally. I have suffered loss of consortium and
the deceaseds children were became fatherless child and also
sustained loss of their studies.

Due to the death of my

husband, all over hopes are proved futile and also

sustained loss of future earnings of the deceased and
also suffering with mental agony.

We are put to starvation

due to my husbands death. The death of the deceased is due

to negligent act of the Scorpio Maxi Cab bearing No.AP 27 TT
0786 by its driver.
R-1 is the driver-cum-owner of the Scorpio Maxi Cab
bearing No.AP 27 TT 0786, R-2 is the insurer of the Scorpio Maxi
Cab bearing No.AP 27 TT 0786 and R-3 is the owner of lorry
bearing No.AP 27 V 4158 and R-4 is the insurer of the lorry
bearing No.AP 27 V 4158 and hence all the respondents are
jointly and severally liable to pay the compensation claimed by
us.
A case was registered in Cr.No.71/2012 u/s. 304-A IPC of
J.Pangulur P.S.,
Prakasam District.
I am filing documents along with my chief affidavit.
Those documents may be marked as exhibits on my behalf.
Exhibit-A1:-Certified copy of F.I.R. in Cr.No.71/2012 of J.Pangulur P.S.,
Prakasam District, U/sec.304-A I.P.C.,
Exhibit-A2:-Certified copy of Inquest Report relating to the deceased
Darsinala Hanumantha Rao,
Exhibit-A3:-Certified copy of P.M. Certificate relating to the deceased
Darsinala Hanumantha Rao,
4

Exhibit-A4:-Certified copy of M.V.I.Report ,

Exhibit-A5:-Certified copy of Rough Sketch in Cr.No.71/2012 of
J.Pangulur P.S., Prakasam District.
Exhibit-A6:-Certified copy of Charge Sheet in C.C.455/2012 on the file of
Honble Munsif Magistrate, Addanki,
Exhibit-A7:-Driving Licence relating to the deceased.
Hence I pray that the Honble Court may be pleased to
pass a decree and judgment in our favour and against the
respondents 1 to 4 with joint and several liability for
compensation of Rs.10,00,000/- with subsequent interest at
12% p.a. from the date of petition, till the date of realization
and with costs.

DEPONENT
Solemnly affirmed and signed before me the contents of the
affidavit is read over and explained in Telugu to the
deponent and admitted her to be correct on this the
day
of October, 2013.
Advocate, Ongole.

V.V.P.
K
Petitioners

IN THE COURT OF THE FAMILY

JUDGE :: ONGOLE

M.V.O.P.No.91/2013

CHIEF AFFIDAVIT FILED ON

BEHALF OF THE PETITIONERS
(PW-1) UNDER ORDER 18 R 4
& 139 C.P.C

FILED BY:Sri.V.V.PAVAN KUMAR

ADVOCATE, ONGOLE.