Before the Motor Accident Claims Tribunal

IN THE COURT OF THE DISTRICT JUDGE::ONGOLE

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

1. Chamala Venkateswarlu @ Venkateswara Reddy

S/o.Pulla Reddy, aged about 54 years,
Agriculturist & Cotton Broker Business,
2. Chamala Koteswaramma ,
W/o. Venkateswarlu @ Venkateswara Reddy,
Aged about 46 years, House Wife,
Petitioners are the residents of
Kurichedu Village and 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
:

Chamala Srihari,
S/o.Venkateswarlu,
@ Venkateswara Reddy,

2. Full address of deceased

Chamala Srihari,
S/o.Venkateswarlu,
@ Venkateswara Reddy
Kurichedu (V) & (M)
Prakasam Dist.

3. Age of the deceased

4. Occupation of the deceased

22 years
M.C.A (2nd Year Studying)

5. Name and address of the

employer, if any of the
deceased.

Student

- Not Applicable-

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?
19. Whether the person injured was

: R-1 is the Owner of Lorry

: R-2 is the Insurer of Lorry

--No--

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

: Parents 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.20,00,000/- (Rupees
Twenty lakhs only)
2. Non-Pecuniary damages Rs.
26. ANY OTHER INFORMATION THAT MAY BE NECESSARY OR
HELPFUL FOR THE DISPOSAL OF THE CLAIM.
The petitioners are the parents of the deceased, Chamala
Srihari. The Deceased had been studying M.C.A (2 nd year) at
VVIT, Nambur(V), Guntur District.

The petitioners blessed

with Two Male children and after that they undergone family
planning operation.

The elder son by name Ch.Gowtham

died in the year 2013 at Bangalore.

The 2 nd son i.e., the

deceased herein and the petitioners lost their two sons and
there are no persons to look after them in their old age. The
deceased was hale and healthy prior to accident.

The

deceased was aged about 22 years at the time of accident.

While so, on 25-06-2014 at about 8-00 p.m., the
deceased herein and his 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
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 left
side road margin and went extreme left and dashed against
the deceased and petitioners 1 to 3 and others, while
proceeding towards Nellore side.

Due to that hit one

V.Ramana Reddy, V.Adhi Lakshmi, and Gangireddy Kasamma

were died on the spot and the deceased herein and other
persons were shifted to DSR Govt. Hospital, Nellore for
treatment and at about 3-45 a.m., the deceased was
succumbed to the injuries while undergoing treatment in the
said hosptial.

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 1 st
respondent

and

the

same

was

insured

with

the

2 nd

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 petitioners are suffering with loss of love and
affection and they lost their future bread winner and they are
suffering with lot of mental agony and lost their future plans
and future earnings of the deceased.

The petitioner lost

their elder son in the last year and they are having many
hopes as the deceased is brilliant student in the College.
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.20,00,000/-.
27.

A court fee of Rs.19,360/- is paid under rules 475 of

M.V. Rules on compensation of Rs.20,00,000/- 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.20,00,000/- rupees Twenty 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,
Dt:- -08-2014
List of Documents:-

PETITIONERS

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, Ch.Srihari,
3.Xerox copy of P.M. Certificate relating to deceased, Ch.Srihari.
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.