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Before the Motor Accident Claims Tribunal

IN THE COURT OF THE DISTRICT JUDGE, ONGOLE


M.V.O.P. No.
/2015

Between:Angadi Lakshman S/o.Babulu,


Hindu, aged about 30 years,
resident of Vutukuru (V), Saidapuram (M),
Nellore District

..Petitioner

Her address for service is that of her Counsel is, Sri.Abburi Venkateswarlu and
Vemula Venkata Pavan Kumar, Advocates, Ongole.
AND
1. Jayachithrosen Dora S/o.Jayasiyansal Dora,
aged 27 years, R/o.Ankaroda (V)-761012,
Digopondi Taluka, Ganjam District, Orissa State.
Driver of Trally b.No.AP 27 Y 1599.
2. Gogineni Venkaiah S/o.Venkata Rao,
aged about 28 years,
R/o.Komminenivaripalem (V),
Chimakurthy (M), Prakasam District,

Owner of Trally b.No.AP 27 Y 1599.


..Respondents

Their addresses for service are the same as above.

CLAIM APPLICATION FILED ON BEHALF OF THE


PETITIONER U/Sec.166 (1) (a) & 168 OF THE OF
MOTOR VEHICLES ACT, 1988 &U/Rule 455 OF
A.P.M.V.Rules, 1989
The petitioner is the resident of resident of Vutukuru (V), Saidapuram
(M), Nellore District, and sustained injuries in a motor accident that occurred on
09-12-2014 at about 10.30 hours on NH-5 road, near T.Naidupalem
(V),Tangutur (M), Prakasam District and they are claiming compensation for an
amount of Rs.2,00,000/- against the respondents 1 & 2 with joint and several
liability.
1. Name and fathers name of the :
person/injured
:

Angadi Lakshman,
S/o.Babulu,

2. Full address of injured

Angadi Lakshman,
S/o.Babulu,

R/o. Vutukuru (V), Saidapuram (M),


Nellore District.
3. Age of the injured

30 years

4. Occupation of the injured

Supervisor

5. Name and address of the


employer, if any of the injured

: BSCPL Co. Ltd.,

6. Monthly Income of the person injured

7. Whether the person in respect of whom


compensation is claimed pays income :
tax ( to be supported by documentary
evidence)

Rs.10,000/- p.m.,
--No--

8. Place, date, time of the accident : On 09-12-2014 at about


10-30 hours
on NH-5 road, near T.Naidupalem
(V),
Tangutur (M), Prakasam District.
9. Name and address of the P.S. in
whose jurisdiction the accident
: Cr.No.187/2014 of Tangutur
P.S.
took place or was registered.
U/s.337 IPC
10. Was the person in respect of
:The injured not travelling on the
whom compensation is claimed
crime vehicle.
traveling by the vehicle involved
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.

: Fracture of right ankle and other


multiple injuries all over the body.

12. Name and address of the Medical


Officer/Practitioner if any who
attended on the injured.

:RIMS Hospital, Ongole,


KIMS Hospital, Nellore.

13. Nature of and period of treatment


and expenditure, if any injured
thereon ( to be supported by
documentary evidence)

:He stayed as an inpatient in KIMS Hospital


Nellore from 9-12-14 to 15-12-2014
and incurred an amount of Rs.1,00,000/towards treatment, medical, nursing diet,
transport and other expenses.

14. Disability for work if any caused

Permanent Partial Disability.

15. Registration number and type of

27 Y 1599

Trally b.No.AP

the vehicle involved in the accident.


16. Name and address of the Driver
R-1 is the Driver of Trally
and owner of the vehicle.
:
R-2 is the Owner of
Trally
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?

: Not Applicable

---No---

---No---

---No---

21. Whether he is related to for has


know to the defendant and if
so how?

---No---

22. Name and address of applicant

23. Relationship with the injured

---No---

24. Title to the property injured

---No---

19. Whether the person inured was


involved in any road accident
earlier (in case he was details of
the accident should be set out)
20. Whether the person injured had
preferred claim for damages in
any case earlier and if so with
that result?

Shown as petitioner in cause


title

25. Amount of compensation claimed


1. Pecuniary damages.
Rs.
:Rs.2,00,000/(Rupees Two lakhs only)
2. Non-Pecuniary damages Rs.
26. ANY OTHER INFORMATION THAT MAY BE NECESSARY OR
HELPFUL FOR THE DISPOSAL OF THE CLAIM.
The petitioner is a resident of Vutukuru (V), Saidapuram
(M), Nellore District and he has been working as Supervisor in
BSCPL Co. Ltd., situated at

and earning an amount of Rs.10,000/- per month and


maintaining his family with that amount . The petitioner is aged
about 29 years and he was hale and healthy by the time of
accident.
While so, on 09-12-2014 at about 10.00 a.m., the petitioner
herein and other persons came to Musi River Bridge, near
T.Naidupalem (V) of Tangutur (M) for cleaning the road with curb
fever machine and in that process at about 10.30 a.m., the 1 st
respondent drove his Trally bearing No.AP 27 Y 1599 with rash
and negligent manner in high speed without blowing horn and
without observing anything on the road, hit the Curb Fever
Machine of BSCPL Co. Ltd., while it is attending work on the road,
due to which the crub fever machine hit the petitioner herein
and other persons, who are working in front of the said machine.
Due to the accident the petitioner and another sustained
grievous bleeding injuries all over their bodies.

Immediately

after the accident the petitioner and another were shifted to


RIMS Hospital, Ongole by 108 ambulance for treatment.

After

fist aid treatment at RIMS Hospital, Ongole, the petitioner was


shifted to KIMS Hospital, Nellore for better and expert treatment.
After the accident, the petitioner gave complaint to the Police
and the same was registered as in Cr.No.187/2014 U/s.337 IPC of
Tangutur P.S., and the police investigated the case and filed
charge sheet in C.C.No.27/15 on the file of Spl. Mobile Magistrate
Court, Ongole against the 1st respondent.
Due to the accident the petitioner sustained fracture of
right leg ankle and other injuries all over his body.

In that

hospital the petitioner joined as an inpatient from 9-12-2014 to


15-12-2014. That on 11-12-2014 a surgery was performed to his
right leg ankle and screws were fixed by the doctors.

In all the

petitioner spent an amount of Rs.1,00,000/- towards operation,


treatment, nursing, attendance, nutrition, travelling and Medical
expenses.

The accident occurred solely due to rash and

negligent driving of the driver of the Trally b.No.AP 27 Y 1599,


during the course of his employment under the 2 nd respondent
and the 2nd respondent plying the crime vehicle on the road
without having valid insurance policy. The petitioner sustained
permanent partial disability and he deprived of his earning
power from the date of accident, till this date, as the injury is not
able to perform his professional duties for his livelihood, The
petitioner is still suffering with immense pains.
R-1 is the driver of the Trally b.No.AP 27 Y 1599, R-2 is the
owner of the Trally b.No.AP 27 Y 1599, and hence both the
respondents

are

jointly

and

severally

liable

to

pay

the

compensation claimed by the petitioner.


The petitioner did not file any other petition in any other
Tribunal, except this claim petition.
A case was registered in Cr.No.187/2014 U/s.337 IPC of Tangutur
P.S.,
Prakasam District.
Hence, the
Rs.2,00,000/-.

petitioner

is

claiming

compensation

of

27. A fixed court fee of Rs.


/- is paid under Sec.475 of M.V.
Rules on S.B.I, Challan, District Court Branch, Ongole.
28. PRAYER:The petitioner therefore prays that the Honble Court may
be pleased to pass a decree and Judgment in favour of the
petitioner and against all the respondents with joint and several
liability;
i)

for compensation of Rs.2,00,000/- rupees Two 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,

iv)

for such other and further reliefs in the interests of


justice.
Be pleased to Consider

ADVOCATE FOR PETITIONER

PETITIONER

The facts stated above are true to the best of my


knowledge, belief and information.

ONGOLE,
Dt:-

PETITIONER

A.V.S
Petitioner

BEFORE THE MOTOR ACCIDENTS


CLAIMS TRIBUNAL
In the Court of the District Judge
::ONGOLE::

M.V.O.P.No.

/2015

CLAIM APPLICATION FILED ON


BEHALF OF THE PETITIONER
UNDER SECTION 166 (1) (a) & 168 OF
M.V.ACT & U/Rule 455 of A.P.M.V.Rules,
1989

FILED BY:Sri.Abburi Venkateswarlu,


Sri.V.Venkata Pavan Kumar,
ADVOCATES, ONGOLE.