IN THE COURT OF THE PRINCIPAL DISTRICT

JUDGE, ONGOLE
M.V.O.P.NO.124/2013
Shaik Shareffa and another
..Petitioners
Vs
Mahamad Saleem and others
..Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF

THE PETITIONERS (PW-1) U/Or 18 R 4 &
Sec.139 C.P.C
I, Shaik Shareffa W/o.Late Riyaz, Muslim, aged about 21
years, House Wife, resident of Tailors Colony 2 nd lane, Nellore
Rural & Mandal, P.S.R.Nellore District, do hereby solemnly
affirm and sincerely state as follows:I am the deponent herein and 1st petitioner in the above
O.P., and I am well acquainted with the facts of the case.
The 2nd petitioner is my daughter being minor rep.by me as
natural guardian.
petitioner also.

I am giving this affidavit on behalf of 2 nd

Respondents 4 & 5 are the parents of the

deceased. The above O.P is filed for compensation for the

death of my Husband, Shaik Riyaz, who died in a Motor
accident.
I submit that While so, on 20-02-2012 at about 1-15
p.m., my deceased husband was going on his motorcycle
bearing No.AP 26 K 9879 to go to his friends house for
attending ceremony and at about 1-30 p.m., when he
reached near Leque View Colony 7th street, one Apache
motorcycle bearing No.AP 26 AN2916 driven by its driver
with rash and negligent manner in high speed without
blowing horn while going to cross the before going one Car
dashed against the deceased motorcycle bearing No.AP 26 K
9879 in its opposite direction. Due to that hit the deceased
fell on the road and sustained bleeding injuries all over his
1

body and immediately after the accident the deceased was

shifted to Govt. Hospital, Nellore for treatment and after first
aid treatment, as per the advice of the doctors in that
hospital, the deceased was shifted to Narayana Hospital,
Nellore and from there shifted to SVIMS Hospital, Tirupati for
better and expert treatment. On 24-02-2012 at about 1-30
p.m., the deceased succumbed to the injuries, who sustained
injuries in the above said accident, while undergoing
treatment and the same was registered in Cr.No.44/2012
U/Sec.304-A I.P.C., of Nellore I Town P.S., and investigated
into filed charge sheet against the 1st respondent.

The

accident was occurred solely due to negligent act of the

driver of motorcycle bearing No.AP 26 AN 2916, who is the
1st respondent and the 2nd respondent is the owner of the
motor cycle and the same was insured with the 3 rd
respondent. .
Due to the sudden demise of the deceased we have
deprived our earning member. Prior to date of accident my
husband had been worked as Iron Welding Worker and
earning an amount of Rs.6,000/- per month and maintaining
us with that amount. We are the dependants on the income
of the deceased. I am suffering with loss of consortium. The
2nd petitioner is the minor daughter of the deceased and she
has been suffering with loss of love and affection due to
immature death of the deceased at her tender age.

The

respondents 4 & 5 are the parents of the deceased and they

are suffering with starvation after the death of the deceased
at their old age. We have lost our bread winner and we lost
our bright future due to immature death of the deceased,
and we are suffering with starvation after the death of the
deceased and also sustained loss of future earnings of the
deceased.

There is no body to look after our welfare and

maintenance and also we are suffering with mental agony.

R-1 is the driver of the Motorcycle bearing No.AP 26 AN

2916, R-2 is the owner of the Motorcycle bearing No.AP 26
AN

2916

and

R-3 is insurer of the Motorcycle bearing No.AP 26 AN 2916

and hence respondents 1 to 3 are jointly and severally liable
to pay the compensation to us.
A case was registered in Cr.No.44/2012 u/s.304-A IPC of Nellore I
Town P.S
Hence, we are claiming compensation of Rs.5,00,000/-.
I am filing documents along with my chief affidavit.
Those documents may be marked as exhibits on my behalf.
Exhibit-A1:-Certified copy of F.I.R. in Cr.No.44/2012 u/s.337
IPC

of
Nellore I Town P.S., S.P.S.R.Nellore District.

Exhibit-A2:-Certified

copy

of

Alter

memo

of

F.I.R.

in

Cr.No.44/2012
u/s.304-A IPC of Nellore I Town P.S., S.P.S.R.Nellore
District.
Exhibit-A3:-Certified copy of Inquest Report relating to the
deceased
Shaik Riyaz,
Exhibit-A4:-Certified copy of P.M. Certificate relating to the
deceased
Shaik Riyaz,
Exhibit-A5:-Certified copy of M.V.I.Report,
Exhibit-A6:-Certified copy of Rough Sketch,
Exhibit-A7:-Certified copy of Charge Sheet in C.C.No.544/2012
on

the

file

of II Addl. Judicial Magistrate of 1st Class, Nellore.

Hence I pray that the Honble Court may be pleased to
pass a decree and judgment in our favour and against the
respondents 1 to 3 with joint and several liability for

compensation of Rs.5,00,000/- with subsequent interest at

12% p.a. from the date of petition and with costs.

DEPONENT
Solemnly affirmed and signed before me the contents of the affidavit is read
over and explained in Telugu to the deponent and admitted her to be correct
on this the day of March, 2015.
Advocate, Nellore

V.V.P.K & T.V.RAO

Petitioners

IN THE COURT OF THE PRL.

DISTRICT JUDGE :: ONGLE

M.V.O.P.No.124/2013

CHIEF AFFIDAVIT FILED ON

BEHALF OF THE PETITIONERS
(PW-1) UNDER ORDER 18 R 4 &
139 C.P.C
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FILED BY:Sri.T.VENKATESWARA RAO,

Sri.V.VENKATA PAVAN KUMAR
ADVOCATES, NELLORE.