IN THE COURT OF LD. MOTOR ACCIDENT CLAIMS TRIBUNAL, SONEPAT.
1. Km. Priyanka Malik minor daughter of Baljit Singh Malik 2. Sachin Malik minor of son of Baljit Singh Malik minors through Sh. Baljit Singh Malik as Natural Guardian being father of minors, 3. Baljit Singh Malik S/o Sh. Tek Ram, all residents of H. No. 2/187, Arya Nagar, Sonepat.
--Petitioners
Versus
1. Narender Kumar S/o Sh. Ram Savroop R/o Ganeshpura P.S. Khatri District Jhunjhnu, Rajasthan (Driver of offending vehicle Tanker no. HR-32-GA-2416)
2. Amit Kumar S/o Sh. Radhey Shyam Aggarwal R/o 9793, Ahata Thakur Dass, New Rohtak Road, New Delhi (Owner of offending vehicle Tanker no. HR-32-GA-2416)
3. The Oriental Insurance Company Ltd., registered Office Oriental House P.B. No. 7037, A-25/27, Asaf Ali Road, New Delhi-110002 through Branch Manager, Atlas Road, Sonepat (particulars of Insurance of offending Vehicle no. HR-32GA-2416) Cover Note no. 185573 valid from 25.4.2005 to 26.4.2006.
Respondents
Claim petition U/s 166 read with Section 140 of
M.V. Act for grant of compensation.
R/Sir,
We, the above named petitioners/claimants hereby apply for the grant of compensation to the tune of Rs. 25,00,000/- (Twenty Five Lacs Only) on account of untimely death of Sajita @ Sujata Malik W/o Sh. Baljit Singh Malik permanent resident of H. No. 2/187, Arya Nagar, Sonepat, died in a motor vehicle accident took place on 26.8.2005 at about 4:00 PM in the area of P.S. Behrod District Alwar, Rajasthan. Necessary particulars in respect of the offending vehicle as well as the deceased are being given herein as under:-
1. Name and husband’s name of : Smt. Sajeeta @ Sujeeta W/o Sh. deceased. Baljit Singh Malik.
2. Full address of the deceased : Permanent resident of H. No. 2/187,
Arya Nagar, Sonepat Temporary address H. No. 85, Sector-7 Gurgoan.
3. Age of the deceased : 33 years and 4 months. Certificates
of Middle and Matric examinations are attached.
4. Occupation of the deceased : Director, M.P.C.T. Institute of Art
and Craft, 242 New Railway Road,
Gurgoan (Haryana)
5. Name & address of the employer of : Self employer, the deceased was
of the deceased running coaching classes in the name
of M.P.C.C. Institute of Art and Craft, 242 New Railway Road, Gurgoan (Haryana)
6. Monthly Income of the deceased : Rs. 15,000/- (Rupees Fifteen
Thousand Only)
7. Does the person in respect whom : No.
the compensation is being claimed
pay Income Tax, if so, what amount
with documentary proof.
8. Date, Place and time of the said : The accident took place on 26.8.05
accident. At about 4:00 PM in the area of P.S.
Behrod, District Alwar, Rajasthan.
9. Name & Address of P.S. in whose : P.S. Behrod District Alwar,
jurisdiction the accident took place Rajasthan and FIR no. 330 dated 26.8.2005 U/s 279, 337 & 304-A IPC was registered against respondent No. 1 driver of offending vehicle Tanker no. HR-32GA-2416
10. Was the person in respect of whom : The injured petitioner No. 1 was
compensation is being claimed was coming alongwith his wife since
traveling in the Motor vehicle? deceased from Jaipur to Gurgoan
involved in the accident. in his Alto Car bearing registration
If so, mentioned name of place of no. HR-61ALHQ-6185.
Starting journey and destination.
11. Nature of injuries sustained by the : The deceased sustained grievous,
deceased, in the said unfortunate multiple & serious injuries on her
accident. head, hands and legs and succumbed
to those injuries.
12. Name & Address of MO/Practitioner : The deceased and petitioner no. 1
if, any, who attended upon the were shifted to Community Health
deceased. Center, Behrod & attended by the
Medical officers under M.L.R. no. 642-643/05 dated 26.8.2005 and were referred to Civil Hospital.
13. Period of treatment and expenditure : The deceased and petitioner No. 1
if any incurred by the petitioner upon were shifted to Community Health
the treatment of the deceased. Center, Behrod and after getting
Frst-Aid the deceased was referred to Civil Hospital, Gurgoan, who succumbed to the injuries on the way and was declared dead by the doctors of Civil Hospital, Gurgoan. The petitioner no. 1 has spent an amount of Rs. 25,000/- on the treatment and transport etc..
14. Registration Number and type of : The offending vehicle Tanker
offending vehicle bearing registration No.HR-32GA-
2416 & the registration no. Maruti Alto is HR-61ALHQ-6185.
15. Name and address of the registered : Respondent No. 2.
owner of the vehicle involved in the
said ill-fated accident.
16. Name and address of the Insurer : Respondent No. 3
of the offending vehicle
17. Has any claim been lodged with the : No
registered owner/Insurer of the
offending vehicle? If so, with what
result?
18. Name & Address of the claimants/ : As in the title
petitioners.
19. Relationship with the deceased : The Petitioner No. 1 is the husband
and petitioners No. 2 & 3 are minors daughter and son of the deceased.
20. Title to the property of the person : The petitioners are legal heirs of the
dead. Estate of deceased.
21. Amount of compensation claimed : Rs. 25,00,000/- (Rupees Twenty
Five Lacs only)
22. Any other information that may be : The accident was caused due to rash
useful/necessary for the disposal of and gross negligent driving of
the present claim petition. Respondent no. 1 by offending
vehicle Tanker No. HR-32GA-2416.
23. Reasons or grounds for late : The petition is well within time.
submission of the present claim
petition on which, ground the
condonation of delay is claimed.
24. Cause of accident with brief description:
That on 26.8.2005 the deceased Sajeeta @ Sujeeta alongwith her husband, petitioner No. 1 was coming from Jaipur to Gurgoan in her Maruti Alto Car driven by petitioner No. 1 in a normal and moderate speed by observing the traffic rules. When they reached in the area of P.S. Behrod, District Alwar, Rajasthan at about 4:00 PM the offending vehicle Tanker bearing registration No. HR-32GA-2416 driven by the respondent No. 1 rashly and negligently in a very fast speed without observing the traffics rules and without caring the intensity of the road and without blowing any horn and came from the back side and overtook from the wrong side i.e. right side of Maruti Alto Car and the respondent no. 1 lost his control and struck his rear right side of the offending vehicle to the left front side of Maruti Alto Car by damaging the said Car in total.
That the deceased sustained grievous and multiple injuries on her head, hands, legs and other parts of the body. The petitioner No. 1 also sustained injuries on his chest and other parts of the body. Soon after the accident the deceased and petitioner No. 1 were shifted to Community Health Center, Behrod by the patrolling police, who also informed the concerned Police Station. M.L.Rs. of deceased and the petitioner No.1 were conducted by the Medical Officers of Community Health Center, Behrod. On the statement of petitioner no. 1 an FIR no. 330 dated 26.8.2005 U/s 279/337 IPC was also registered against respondent No. 1. Statement of deceased was also recorded by the police in Hospital at Behrod before her death. The deceased succumbed to the injuries and her postmortem was conducted vide P.M.R. No. 1/NKA/05 on dated 27.8.2005 by the Medical Officers of General Hospital, Gurgoan and was cremated at her matrimonial house in Sonepat.
That the deceased was a handsome & pretty lady with bright future. She got first division in her examinations and was eligible for T.G.T. Grade for that she got herself enrolled in Directorate of employment Government of Delhi vide registration No. 9904831. Presently, she was running a coaching Center in the name of M.P.C.T. Institute of Art & Craft at Gurgoan (Haryana) and was saving an handsome amount of Rs. 15,000/- (Rupees Fifteen Thousand Only) per month from the Coaching Center after meeting out other expenses of Coaching Center. Presently, there were 80 students, who were getting coaching from this Institution run by the deceased. But due to untimely death all have been spoiled.
That the deceased has hardly completed the age of 33 years as per Middle and Matric certificates. She had very wide scope and prospective future in this profession. She was not only performing duties of a wife and mother, rather she was a very good business tycoon and she put the Coaching Center at a very considerable height in a very short period and got name and fame in Gurgoan. Had she lived more she would have touched the sky height among the Coaching Centers in Gurgoan.
That the petitioner No. 1 has lost not only a life partner rather a supportive business tycoon. Similarly the petitioners No. 2 & 3 have not only deprived of love and affection of their mother rather they have lost their best friend and a guide too, who used to show them right path and proper guidance, the petitioners No. 2 & 3 got distinction in their studies in Hindu Vidya Peeth, Sonepat and thereafter at Gurgoan too. But due to unfortunate accident the deceased was snatched away from the company of the petitioners. All the petitioners were totally dependent upon the earnings of deceased. As the petitioner No. 1 joined his legal profession as an Advocate vide enrollment No. ______________ dated ____________ at District Bar Association, Gurgoan and the petitioner No. 2 & 3 are minors, school going children, so all the petitioners were totally dependent upon the income of the deceased. The deceased used to spend all her earnings upon the petitioners. The petitioners/claimants suffered mental agony, physical pain and immense losses due to said accident, which cannot be compensated in any manner. Though the life is priceless but even then also by seeing the prospective future of the deceased and rising of price index the petitioners claim an amount of Rs. 25,00,000/- (Rupees Twenty Five Lac Only) as compensation amount alongwith interest @ Rs. 24% p.a. from the respondents from the date of accident till its realization.
That the accident was caused due to rash and negligent driving on the part of respondent No. 1 the driver of offending vehicle Tanker No. HR-32GA-2416, who was driving the said vehicle in a very fast speed without blowing any horn and without observing the intensity of the road and without caring for the traffics rules in a rash and negligent manner. The said accident was witnessed by the other injured.
That at the time of the said accident the respondent no. 1 was driving the offending vehicle Tanker No. HR-32-GA-2416 owned by respondent no. 2 and is insured by respondent No. 3.. Hence all the respondents are jointly and severally liable to pay the amount of compensation of Rs. 25,00, 000/- (Rupees Twenty Five Lac Only) U/s 166 of M.V. Act and Rs. 50,000/- under Section 140 of M.V. Act for no fault liability to the claimants/petitioners alongwith costs and interest.
It is, therefore, humbly prayed that an award of Rs. 25,00,000/- (Rupees Twenty Five Lac Only) together with interest @ 24% p.a. from the date of accident till its realization may kindly be passed against the respondents and in favour of petitioners, in the interest of justice. Any interim order of Rs. 50,000/- (Rupees Fifty Thousand only) U/s 140 of M.V. Act for no fault liability may also kindly be passed in favour of the petitioners.
Any other relief which this Hon'ble Tribunal may deem fit and proper also be awarded to the petitioners.
Verification Petitioners/Claimants
Verified that the contents of the 1. Baljit Singh Malik S/o Sh. Tek Ram 2.
above claim petition are true and Km. Priyanka Malik minor daughter of
and correct to the best of our knowledge Baljit Singh Malik 3. Sachin Malik minor of
and belief. son of Baljit Singh Malik minors through
Verified at Sonepat. petitioner No. 1 Sh. Baljit Singh Malik as
On ____________ Natural Guardian being father of minors, all
residents of H. No. 2/187, Arya Nagar, Sonepat.
Through counsel.
Sh. Vinay Chhikara
Advocate, Sonepat.
Thanks for the DRAFT.
