Before The Motor Accident Claims Tribunal: In The Court Of The District Judge::ongole M.v.o.p. No. /2014

Before the Motor Accident Claims Tribunal IN THE COURT OF THE DISTRICT JUDGE::ONGOLE M.V.O.P. No. /2014 BETWEEN:-

1. Veluthurla Venkata Reddy S/o.Late Ramana Reddy, aged about 27 years, Business, 2. Ambati Venkata Ratnam W/o.Govinda Reddy, Aged about 24 years, House Wife, 3. Veluthurla Krishna Reddy S/o.Late Ramana Reddy, aged about 22 years, Army Employee, Petitioners 1 & 3 are residents of Kurichedu Village and Mandal, Prakasam District and 2nd petitioner is the resident of Lakshmi Narayana Puram Village, Darsi 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 father’s name of the : person/dead :

Veluthurla Adhi Lakshmi, W/o.Late Ramana Reddy,

2. Full address of deceased

:

Veluthurla Adhi Lakshmi, W/o.Late Ramana Reddy, Kurichedu (V) & (M) Prakasam Dist.

3. Age of the deceased

:

4. Occupation of the deceased

:

45 years Agriculturist

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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? 19. Whether the person injured was

: R-1 is the Owner of Lorry : R-2 is the Insurer of Lorry

:

--No--

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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

: Sons & Daughter 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.R’s 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 Elder Son, the 2nd petitioner is the daughter, and the 3rd petitioner is the younger son of the deceased, V.Adhi Lakshmi. The husband of the deceased was also died in the same accident.

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. The deceased was hale and healthy prior to accident.

The deceased was aged about 45 years at the

time of accident. While so, on 25-06-2014 at about 8-00 p.m., the deceased herein and her husband V.Narayana Reddy, her sons P1 & P3 and her daughter, i.e., 2 nd petitioner herein and 2nd petitioner’s daughters namely Gita and Keerthi, Ambati Govinda Reddy, who is husband of the 2 nd petitioner and their relatives, Gangireddy Kasamma, Syamala Srihari,

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V.Aswini 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 26-06-2014 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, the deceased herein, V.Ramana Reddy, and Gangireddy Kasamma 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 the 2nd petitioner 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

petitioners 1 & 3 are the sons, the 2 nd petitioner is the daughter 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

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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 Hon’ble 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.

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ONGOLE, PETITIONERS 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, V.Ramana Reddy, 3.Xerox copy of P.M. Certificate relating to deceased, V.Ramana Reddy. 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

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FILED BY:Sri.ABBURI VENKATESWARLU, Sri.V.V.PAVAN KUMAR, ADVOCATES, ONGOLE.

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