Here we will discuss about modal draft format of CLAIM PETITION UNDER SECTION 166 OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION OF RS. 50,00,000/- & RS. 50,000/- UNDER NO FAULT LIABILITY UNDER SECTION 140 OF M.V.ACT.
Before go through the format we know about that what is The Motor Accident Claim Tribunal. The Motor Accident Claim Tribunal has been erected by the Motor Vehicle Act, 1988. It has been found to provide speedier remedy to the victim of accident by a motor vehicle.
As per
the Section 166 of the M.V Act,1988 the compensation can be claimed
-By the
persons who have received injury;
-By the
owners of the damaged property;
-By legal
representative of the deceased person who died in an motor accident,
The claim
petition may be filed by the following:-
–To the
Claim Tribunal having jurisdiction where the motor accident occurred or,
-to the
Claim Tribunal within local limits of whose jurisdiction the claimants are
residing,
-To the
claim tribunal within the local limits of whose jurisdiction the defendants are
residing.
Motor Accident Claims
Tribunals deal with claims relating to loss of life or loss of property as a
result of motor accidents. Claims are to be filed directly with the relevant
tribunal.
BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, _________
1-
Smt.
(Name of Deceased wife) ,
2-
Master
(Name of minor son of deceased person)
3-
Master
(Name of minor son of deceased person)
4-
Master
(Name of minor son of deceased person)
Minor petitioners No. 2 to 4 through their mother next friend and natural guardian Smt. ____________.
All residents of ____________________.
Account No (may kindly be exempted as the petitioners undertakes to open their saving Bank accounts in near future
…. Petitioners.
Versus
1- Rakesh son of Sh. ________, R/o ___________________.
(Driver of offending vehicle Tractor No. _______)
2- Dharamveer Yadav __________________________
(Owner of the offending vehicle Tractor No. ______)
2-A Ravi Kumar ___________________________________________
(Present Owner of the offending vehicle Tractor No. ________)
3- Cholamandalam
General Insurance company Limited, Plot No. 6, 1st Floor, Opposite
Metro Piller No. 81,
(Insurer
of offending vehicle Tractor No. ____________)
…Respondents
CLAIM PETITION UNDER SECTION 166 OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION OF RS. 50,00,000/- & RS. 50,000/- UNDER NO FAULT LIABILITY UNDER SECTION 140 OF M.V.ACT.
Respectfully Showeth:-
We, the above name petitioners being the legal heirs/representatives of deceased Aarif son of Sh. Kamal do hereby apply for the grant of compensation who died in a roadside accident caused by respondent No.1 by driving the offending vehicle Tractor No. ________, very rashly, negligently, carelessly and with a high speed just ahead village ___________ on _________ at about 12.30 PM
The necessary particulars in respect of the vehicle, deceased etc. are given herein below:-
1- Name &
Father’s name of the - Aarif son of Kamal
Person Dead
2- Full address of the person - R/o
Village_________
3- Age of the
person dead - 25 years.
4-Occupation of
the person Dead - The deceased was running two
wheeler repairing & Servicing Shop at_______________.
5-Name and address
of the employer- Deceased
himself
of the deceased.
6- Monthly income
of the person - Rs. 25,000/- to Rs. 30,000/-
dead
7-Does the person
in respect of - No.
whom the
compensation is claimed
pay Income tax if
so, state the amount
of the tax paid ?
8-Place, date and time of the accident- The accident took place on _______ at about
12-30 PM just ahead village _______.
9-Name
& Address of the Police - Police station ________
Station
in whose jurisdiction the where
the FIR No. ____ dated
accident
took place and the case Under Section
was
got registered. was registered against the respondent No.1.
10-
Was the person in respect of - No.
whom
the compensation is claimed
was
traveling in the motor vehicle
involved
in the accident, if so state
the
place of starting of the journey
and
its destination
11-Nature
of injuries sustained - The deceased sustained fatal and
multiple injuries abrasion on all over his body, ribs 2,3,4,5,6,7, of right
side fractured, abrasion with contusion on right shoulder anterior, CLW over
chit right side contusion over right and middle part shoulder and on opening
fracture shaft which are fully described in PMR No. _______ dated ___ issued by
the Medical Officer of General Hospital_________.
12-Name
and address of the - The deceased not admitted in
Medical
Officer, if any, who attended any
Hospital for treatment
the
deceased. because
he died on the spot.
However,
postmortem of the deceased was conducted by concerned Medical Officer of
Government Hospital ______ vide P.M.R.
No. _______ dated ________. The copy of
PMR is enclosed.
13- Period of
treatment and expenditure- The deceased
died at the spot
so
nothing was spent on his treatment however, a sum of Rs. 30000/- was spent on
his last ceremonies and for transportation etc.
14-Registration
No. & type of the - Offending vehicle
Offending
vehicle involved in the accident Tractor
No. _________
15-Name
and address of the owner of - Respondent No.2 is the
of
the offending vehicle. registered
Owner of the offending Tractor No. ________. However during the police investigation
the respondent No.2-A has disclosed that he has purchased the said vehicle from
the respondent No.2
16-Name
and address of the driver of - Respondent No.1.
the
offending vehicle.
17-
Name & address of the insurer of - Respondent
No.3
the
offending vehicle.
18-Has
any claim been lodged with the- No.
Owner/insurer
of the offending vehicle
If
so, with what result.
19-Name
and address of the applicants- As
mentioned in the title of the petition.
20-Relationship
with the deceased - Petitioner
No.1 widow, the petitioners No.2 to 4 are minor sons of the deceased
21-Title
to the property of the - Being
the L.Rs. of deceased.
Deceased
22-Amount
of compensation claimed- Rs.
50,00,000/-
23-Whether
the claim petition is within - Yes.
Time
24-Any other
information that may be
necessary
for and helpful in disposal of
the
case.
i) That the deceased was young man of
25 years of his age and was having a good stout personality and physique and
was looking after the petitioners. The deceased was running a shop of two
wheeler maintenance and serving at __________ and he was earning Rs. 25,000/-
to Rs. 30,000/- per month. The petitioner No.1 has lost her life partner, the
petitioners No. 2 to 4 have lost their father and the fatherly love and
affection in their early age and they have been deprived from his fatherly love
and affection due to untimely death of the deceased. The deceased used to spend
all his earnings for food, cloth and necessary necessities of the life of the
petitioners. All the petitioners were fully dependent on the income of the
deceased. There is no earning member in the family of the petitioners as the
petitioner No.1 is house wife, the petitioners No.2 to 4 are still minors and
they are studying children. Due to untimely death of the deceased the
petitioners have not only lost their family supporter but also they have come
at the point of starvation as the there is no any other earning member in the
family of the petitioners.
ii) That the respondent No.1 being
driver of the offending vehicle Tractor No. _______ was driving the same very
rashly, negligently, carelessly, without observing the traffic rules and
without caring the safety of other on the road and with high speed caused this
accident therefore, the respondent No.1 being the driver of the offending
Tractor No. _______ is liable for compensation to the petitioners. The respondent
No.1 was driving the offending Tractor No. ______ with the permission, direct
control and under the employment of respondent No.2 & 2-A. The respondent
No.2 being registered Owner of the offending Tractor No. ______ and the
respondent No.2-A being the present owner of the offending vehicle Tractor are
also liable to pay the compensation to the petitioners. The respondent No. 3
being the insurer of the offending Tractor No. _______ is vicariously also
liable for compensation to the petitioners under the terms and conditions of
Insurance Policy. Thus the respondents No.1 to 3 are jointly and severally
liable to pay the compensation to the petitioners.
25- Brief
description of accident:-
That on ______ the
deceased along with Shri __________ were going on Motorcycle No. _______ from
their residence to _________to see one Shop there. At about 12.30 PM when the
deceased and ________ reached just ahead of ____________ meanwhile one Farm
Tractor No. A/F came from their backside and the respondent No.1 suddenly
changed the direction of the tractor towards the deceased resultantly the front
wheel of the tractor struck against the motorcycle of the deceased consequently
the motorcycle fell down and the deceased Aarif had died on the spot and the
driver of the offending Tractor has caused this accident by driving the said
Tractor at a very high speed, negligently and carelessly. Thereafter the driver
of the said Tractor had fled away from the spot leaving behind the said tractor
on the spot. The police came at the spot and the statement of pillion rider was
recorded.
On the statement
of pillion rider the FIR No. _____ dated ______ under Section 279/304-A IPC,
was registered against the respondent No.1 in the Police Station ______
PRAYER:
It is, therefore, prayed that the
petition of the petitioners may kindly be accepted and an award of Rs. 50,00,000/-
Under Section 166 of the Motor vehicle Act, along with interest @ 18% per annum
from the date of accident and till the date of realization of the amount in
full may kindly be passed in favour of the petitioners and against the
respondents jointly and severally with costs of this petition along with costs
of the petition. It is further prayed that an award of Rs. 50000/- under
Section 140 of the M.V. Act under no fault liability may also kindly be passed
in favour of the petitioners and against the respondents jointly and severally.
Petitioners
Through
counsel:
Verification:
Verified
that the contents of our above petition from Para No.1 to 25 are true and
correct to best of our knowledge and belief and nothing
has been concealed therein. Verified at on
Petitioners.
(Affidavit in support of Claim petition)
Before the Motor Accident
Claim Tribunal
Smt. _____ Versus Rakesh and others
Claim petition under MV Act
Affidavit
I, Smt. _______________, do hereby solemnly affirm and declare as under:
1- That the above noted claim petition has been filed by the deponent along with other petitioner and all the contents of the petition has been fully read over and explained to us by our counsel in simple Hindi which the deponent accept to be correct and true.
Deponent.
Verification :Verified that the above contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed therein. Verified at Deponent
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