Vous êtes sur la page 1sur 7

Before the Motor Accident Claims Tribunal

IN THE COURT OF THE DISTRICT JUDGE::ONGOLE


M.V.O.P. No.
/2014
BETWEEN:-

1. Gangireddy Pedda Anji Reddy,


S/o.Chinna Konda Guruva Reddy,
aged about 37 years, Agriculturist,
2. Veluthurla Vasundhara W/o.Venkata Reddy,
Aged about 19 years, House Wife,
3. Gangireddy Lakshmi Narasimha Reddy
S/o.Late Ramana Reddy,
aged about 13 years, Studying 7th class,
3rd petitioner is being minor, rep. by his father
as natural guardian.
Petitioners 1 to 3 are residents of
Chandragiri Village, Mundlamuru Mandal,
Prakasam District.

..Petitioners

Their address for service is that of their Counsel, Sri Abburi


Venkateswarlu and Vemula Venkata Pavan Kumar, Advocates,
Ongole.
AND
1. T.Raja Ramesh Babu S/o.Satyanarayana,
Hindu, aged about 45 years,
R/o.D.No.3-203, 4th line, Satyanarayanapuram,
Ongole-523001, Prakasam District.
Owner of lorry bearing No.AP 27 Y 0108
2. Royal Sundaram Alliance Insurance Co.Ltd.,
Rep.by its Branch Manager,
1st Floor, Kaizen Hights, Sunday Market,
Gandhi Nagar, Nellore-524001.
(Cover Note No.0268676 valid from 20-07-2013 to 19-07-2014).
Their addresses for service are the same as above.

..Respondents

CLAIM APPLICATION FILED UNDER SECTION 166 (1)(c) & 168


OF MOTOR VEHICLES ACT, 1988
1. Name and fathers name of the :
person/dead
:

Gangireddy Pedda Kasamma,


W/o.Pedda Anji Reddy,

2. Full address of deceased

Gangireddy Pedda Kasamma,


W/o.Pedda Anji Reddy,
Chandragiri (V),

Mundlamuru (M)
Prakasam Dist.
3. Age of the deceased

4. Occupation of the deceased

35 years
Agriculturist
1

5. Name and address of the


employer, if any of the
deceased.

Self Employed

Rs.6,000/- per month

6. Monthly Income of the person


deceased

7. Whether the person in respect of whom


compensation is claimed pays income :
tax ( to be supported by documentary
evidence)
8. Place, date, time of the accident :
9. Name and address of the P.S. in
whose jurisdiction the accident
took place or was registered.

--No--

On 26-06-2014 at about 01-40 hours, at


Bodduvaripalem on NH-16, Kodavalur
(V), Nellore Dt.
: Cr.No.105/2014 of Kodavalur P.S.
U/s.304-A, 337 IPC.

10. Was the person in respect of


:
whom compensation is claimed
traveling by the vehicle involved
Not travelling in Crime Vehicle
in the accident. If so state the name
of place or starting of journey and
destination.
11. Nature of the injuries, sustained
and the continuing effect, if any,
of the injuries.

Death Occurred.

12. Name and address of the Medical


Officer/Practitioner if any who
attended on the injured.

: DSR Govt. Hospital, Nellore

13. Nature of and period of treatment


and expenditure, if any injured
:
thereon ( to be supported by
documentary evidence)
14. Disability for work if any caused

Death Occurred

Death Occurred

15. Registration number and type of : Lorry bearing No.AP 27 Y 0108


the vehicle involved in the accident.
16. Name and address of the
Owner of the vehicle.
17. Name and address of the insurer
of the vehicle.
18. Has any claim been lodged with
the Owner/insurer of the vehicle
and if so with what result?

: R-1 is the Owner of Lorry


: R-2 is the Insurer of Lorry

--No--

19. Whether the person injured was


involved in any road accident
earlier (in case he was details of
the accident should be set out)

--No--

--No--

21. Whether he is related to for has


know to the defendant and if
so how?

--No--

22. Name and address of applicants

23. Relationship with the deceased

: Husband & Children of the


deceased.

24. Title to the property injured

20. Whether the person injured had


preferred claim for damages in
any case earlier and if so with
that result?

Shown as petitioners in cause


title.

L.Rs of deceased.

25. Amount of compensation claimed


1. Pecuniary damages.
Rs.
: Rs.7,00,000/- (Rupees
Seven lakhs only)
2. Non-Pecuniary damages Rs.
26. ANY OTHER INFORMATION THAT MAY BE NECESSARY OR
HELPFUL FOR THE DISPOSAL OF THE CLAIM.
The 1st petitioner is the Husband, the 2 nd petitioner is
the daughter, and the 3rd petitioner is the minor son of the
deceased, G.Pedda Kasamma. The Deceased had been working
as Agriculturist and she used to get an income of Rs.6,000/per month and contributing the same her family i.e.,
petitioners.
accident.

The deceased was hale and healthy prior to


The deceased was aged about 35 years at the

time of accident.
While so, on 25-06-2014 at about 8-00 p.m., the
deceased herein and her family relatives were started at
Kurichedu Village on Chevrolet Car bearing No.AP 27 TW
1290 to go to Tirumala and at about 01-30 a.m., on 26-062014 when the car reached near Bodduvaripalem (V) on NH-16,
Kodavalur Mandal, Nellore District, due to decrease of air to the car tyres,
the inmates of the car get down from the car and waiting on the left
3

side road margin and the driver of said car taken out the car
for filling up air to the car tyres and in the meantime, the
driver of Lorry bearing No.AP 27 Y 0108 drove the same with
rash and negligent manner in high speed without blowing
horn and without observing the persons, who were on the
road margin and went extreme left side and dashed against
the deceased and others, while proceeding towards Nellore
side. Due to that hit, the deceased herein, V.Ramana Reddy,
V.Adhi Lakshmi were died on the spot and the other persons
were shifted to DSR Govt. Hospital, Nellore for treatment and
one Syamala Sri Hari S/o.Venkateswarlu was succumbed to
the injuries while undergoing treatment.

The accident was

occurred solely due to rash and negligent driving of driver of


Lorry bearing No.AP 27 Y 0108, during the course of his
employment under the 1st respondent and the same was
insured with the 2nd respondent.

After the accident one

A.Venkata Ratnam gave report to the Police and the same


was registered as in Cr.No.105/2014, U/s.304-A, 337 IPC of
Kodavalur P.S. Nellore District.
The family members lost their bread winner.

The 1 st

petitioner is the husband, the 2nd petitioner is the daughter


and the 3rd petitioner is the minor son of the deceased and
they are suffering with loss of love and affection and they
lost their bread winner and they are suffering with lot of
mental agony due to immature death of the deceased and
lost their future plans and future earnings of the deceased.
R-1 is the Owner of the Lorry bearing No.AP 27 Y 0108
and R-2 is the insurer of the said Lorry bearing No.AP 27 Y 0108 and
hence both the respondents are jointly and severally liable to
pay the compensation claimed by the petitioners.
The petitioners did not file any other petition in any
other Tribunal except this claim petition.

A case was registered in Cr.No.105/2014 u/s.304-A I.P.C of Kodavalur


P.S.
Hence, the petitioners are claiming compensation of
Rs.7,00,000/-.
27.

A court fee of Rs.6,360/- is paid under rules 475 of M.V.

Rules on compensation of Rs.7,00,000/- dt.

-08-2014 on

S.B.I, District Court Branch, Ongole.


28. PRAYER:The petitioners therefore pray that the Honble Court may be pleased
to pass a decree and Judgment in favour of the petitioners and against the
respondents with joint and several liability;
i)

for compensation of Rs.7,00,000/- rupees Seven lakhs only;

ii) for subsequent interest at 12% p.a. from the date of petition, till the date
of realization;
iii) for costs of the petition; and
iv) for such other and further reliefs in the interests of justice.

ADVOCATE FOR PETITIONERS


PETITIONERS
The facts stated above are true to the best of my knowledge, belief and
information.

ONGOLE,

PETITIONERS
5

Dt:- -08-2014
List of Documents:1. Xerox copy of F.I.R. in Cr.No.105/2014 u/s.304-A, 337 I.P.C of
Kodavalur P.S.
2.Xerox copy of Inquest Report, relating to deceased, G.Pedda Kasamma,
3.Xerox copy of P.M. Certificate relating to deceased, G.Pedda Kasamma.
Advocate for Petitioners

A.V.S
Petitioners

BEFORE THE MOTOR ACCIDENTS


CLAIMS TRIBUNAL
IN THE COURT OF THE DISTRICT
JUDGE ::ONGOLE::

M.V.O.P.No.

/2014

CLAIM APPLICATION FILED


ON BEHALF OF THE
PETITIONER UNDER SECTION
166 (1)(c) & 168 OF M.V.ACT, 1988

FILED BY:Sri.ABBURI VENKATESWARLU,


Sri.V.V.PAVAN KUMAR,
ADVOCATES, ONGOLE.

Vous aimerez peut-être aussi