Showing posts with label Claim Petition. Show all posts
Showing posts with label Claim Petition. Show all posts

17 June 2021

Petition under section 166 of Motor Vehicle Act for grant of compensation of Rs. 10,00,000/- | Claim Petition Injury

Here we will discuss about modal draft format of CLAIM PETITION UNDER SECTION 166/140 OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION OF RS. 10,00,000/-.

 

IN THE HON’BLE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL __

Sanjeet Kumar.                        ……..Petitioner 

                               Versus

1.   Prakash Kumar  

(Driver of the offending vehicle Bolero Camper/Delivery Van bearing its registration No. ________).

2.   Dharam Chand  

(Owner of the offending vehicle Bolero Camper/Delivery Van bearing its registration No. _________).

3.   United India Insurance Company Ltd., Branch Office at Old GT Road Oppo. ___________ through its manager (Insurer of the offending vehicle Bolero Camper/Delivery Van bearing its registration No. ________ vide policy No. _______ w.e.f. 18.11.2016 to 17.11.2017).                                                                                              …………Respondents 

Petition under section 166/140 of Motor Vehicle Act for grant of compensation of Rs. 10,00,000/-

Respected Sir

    The petitioner humbly submits as under:-

         That the above named petitioner do here by apply for grant of compensation on account of injuries sustained by the petitioner in a motor vehicle accident caused by rash, negligent and reckless manner driving of the driver of offending vehicle Bolero Camper/Delivery Van bearing its registration No. ______ on dt. 24.11.2016, at about 12:00 p.m., at near ________, in the area of P.S. _________, U.P. The necessary particulars of the accident, place of occurrence are as under :-

                                                                                        

1

Name and father name of the Injured.

Sanjeet Kumar son of Sh. ______

2

Full address of the injured.

 

3

Age of the injured.

Approx. 23 years.

4

Occupation of the injured.

Private Job

5

Name & address of the employer.

 

 6

Monthly income of the injured.

Rs. 15,000/- per month

7

Does the person in respect of whom compensation is claimed, pay income tax.

 No                                                                               

8

Place, date and time of the accident

The accident took place on dt. 24.11.2016, at about 12:00 p.m., at near _______, in the area of P.S. _______U.P.

9

Name & address of the Police Station in whose jurisdiction accident took place

P.S. _________. where FIR No. ____ dated ______, u/s 279, 338, 427 IPC & 184 of MV Act, has been lodged against respondent No. 1 and offending vehicle Bolero Camper/Delivery Van bearing its registration No. _______.

10

Was the person in respect of whom the compensation is claimed, traveling in the offending vehicle

No

11

Nature of injuries sustained by injured.

The injured sustained grievous injuries as well as fractures and other parts of his body as described in discharge summary which is attached herewith. 

12

Name and address of the medical officer who attended the injured.

M.O. of _____ Hospital, _______

13

Registration No. and type of vehicle involved in the accident.

Bolero Camper/Delivery Van bearing its registration No. ________.

14

Name and address of the owner of the offending vehicle

Respondent No. 2 is owner of the offending vehicle.

15

Name and address of the driver of the offending vehicle

Respondent No.1 is driver of the offending vehicle.

16

Period of treatment and expenditure if any incurred

Firstly the petitioner was admitted at _____ Hospital and thereafter admitted in ______ and after that admitted in ________from 24.11.2016 to 30.11.2016 and now he is still under treatment. The injured is still under treatment and an amount of Rs. 4,00,000/- (Four Lakhs only) has so far been spent on his treatment, conveyance, attendants and special diet and more amount is likely to be increased as the injured is still under treatment.

17

Name and address of the insurer of the offending vehicle

Respondent No. 3 is insurer of the offending vehicle. 

18

Has any claim been lodged with the owner/insurer if so with what result

No.

19

Relationship with the injured person.

Self.

20

Name and address of the petitioner/ claimant

As mentioned in the title of the petition

21

Title of the property of the injured.

Self.

22

Amount of compensation.

Rs.10,00,000/-(Rupees Ten Lakhs)

 

23.  Any other information that may be helpful or necessary in the disposal of the claim petition.                                                    

(I). That, prior to this accident, the injured was a strong and healthy person of 23 years of age and because of the injuries sustained in the accident, he has suffered great mental pain and agony. The petitioner was working as HR Coordinator at ____________ and he was earning Rs. 15,000/- per month. The petitioner has also sustained grievous injuries upon his entire body as per discharge summary and after this accident, the petitioner is not able to do his work continuously and he has also become unable to walk properly and has become a disabled person due to the injuries sustained in the accident. The petitioner is also under treatment now. The petitioner and his family members have suffered a great loss because of the injuries sustained by the petitioner in the said accident. The petitioner has spent an amount of Rs. 4,00,000/- approx. on his treatment, medicines, special diet & conveyance etc. and more amount is likely to be spent upon the treatment of the petitioner. The petitioner was only bread-earner in his family and all family members totally depend upon the income of the petitioner and the petitioner is not able to achieve the goal of his life and his future has become dark due to the injuries sustained in the accident. This accident was the sole result of reckless, rash and negligent driving of the respondent no. 1 who is solely responsible for the said accident.   

 (II) That the present accident was caused due to the rash and negligent, careless, reckless and excessive speedy driving of the respondent No.1 as at the time of accident he was driving the offending vehicle make Bolero Camper/Delivery Van bearing its registration No. ___________rashly, negligently, carelessly, recklessly and at a very high speed. So the respondent No.1 is the sole responsible for the present mis-happening/accident.

(III) That the petitioner has claimed an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) on account of injuries sustained by him in the accident, expenditures incurred by him upon the treatment, future loss of income and on account of pain and suffering of the injuries.

Brief description of the accident:-

     That on 24.11.2016, the petitioner was coming from _______to his village by a motorcycle bearing its registration No. ________ and at about 12:00 p.m. in day, when he reached at _______ in the  meantime the offending vehicle Bolero bearing registration No. ________ came from front side/wrong side which was being driven by its driver/respondent No. 1 in a very high speed, rash, reckless and negligent manner and hit the motorcycle of petitioner as a result of which the petitioner sustained grievous injuries on his body as described in discharge summary and __________ are eye witness of the said accident and they with the help of police got admitted the petitioner in ___________from where he was referred to ______________ and lateron he was admitted in ________ due to serious condition. This accident was happened/caused due to the sole negligence manner of respondent no.1. The matter was reported to the police of P.S. ______, where F.I.R No. _________, u/s 279, 338, 427 IPC & 184 of MV Act was lodged against the respondent No. 1 on the statement of ____________.             

24. Whether the petition is  :Yes within time.                                               

Prayer-

              It is therefore prayed that the petition may kindly be accepted with cost and an award of Rs. 10,00,000/- (Rupees Ten Lakhs only) may kindly be passed in favour of the petitioner and against the respondents jointly and severally with cost of the petition along with interest at the rate of 18% per annum from the date of filing the petition till the realization of the amount in the interest of justice.

                 And any other relief, which this Hon’ble tribunal deems fit and proper may also be granted to the petitioner as compensated, in the larger interest of justice.                                                         

                                                        Petitioner.

                                                  Sanjeet  Kumar

Verification-It is verified that the contents of this petition are true and correct to the best of my knowledge and belief. Verified at _____

                                     

                                      Through Counsel :-

                             

(Affidavit in support of Claim petition)

Before the Motor Accident Claim Tribunal

Sanjeet Kumar                  Versus          Parkash Kumar   and others 

Claim petition under MV Act

Affidavit

 I, _______________,  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.

      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                                                                                                                                                                                                                      eponent

                                                      

06 June 2021

CLAIM PETITION US 166 OF THE MOTOR VEHICLE ACT | Claim petition under motor vehicle act, 1988

 

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, Pusa Road, New Delhi through its Divisional Manager, vide its Cover Note No. ___________ valid w.e.f.  _________.

(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  279/304-A I.P.C. 

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