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BEFORE THE MOTOR ACCIDENT CLAIMS

TRIBUNAL AT HASSAN
M.V.C.No. / 2014

PETITIONER/S RESPONDENT/S

1,Smt.SHESHAMMA 01. KODIOWDA


Aged about 55years S/o Shatti gowda
W/o Late.N.E.Manjunatha KSRTC Driver, B.No.
84713
( is Mother of deceased) Chikkamagalur Depot,
Chikkamagalur
(Driver of the Bus)

2,Sri.N.M.MALLIKARJUNA 02. Managing


Director
S/o late N.M.Manjunatha Aged 27 years Sarige bhavana
ksrtc cental
Both1&2 are R/O Nelligere,Ganjigere post office Shanthi
nagar Alur taluq Hassan Dist
Bangalore (is brother of deceased)
Owner & Insurer of the Vehicle
Both 1&2 are Legal hares of deceased bearing Reg.No. KA-
18-F-348

.
Represented by :
The Divisional controler
KSRTC Hassan division.
HASSAN-573201

Under Sec.166 of the Motor Vehicles Act 1989 the


petitioner does hereby apply for the grant of compensation
for the death as a legal representative of Late.
Sri.N.M.Chandrashekara who died in the motor vehical
accident. Necessary particulars in respect of the deceased,
vehicle etc., are given below:

1. Name and father/s Sri.


name of the person N.M.CHANDRASHEKARA
dead/ Aged about 27 years
s/o Late N.E.
MANJUNATHA
R/o Nelligere Ganjigere post
Alur taluq Hassan dist
2. Full address of the As mentioned in column No.1
person
dead/injured.

3. Age of the person 27 years


dead/injured

4. Occupation of the Driver com Conductor in


person KSRTC and an agriculturist
dead
5. Name and address KSRTC. Chickmangalur
of the employer of Division and
the deceased or
injured if any.

6. Monthly income of 25,000-00


the person
dead/injured

7. Does the person in Not applicable


respect of whom
compensation is
claimed pay Income
Tax ? state the
amount of Income
Tax (to be
supported by
documentary
evidence)

8. Place, date and time Chikkadevanur village, Kadur


of accident taluq Chickmagalur dist on
05-02-2014, at about
05:00P.M.
9. Name and address Sakkaraya patna Police
of police station in Station in their crime No.
whose jurisdiction 14/2014.
the accident took
place or was
registered.

10. Was the person Banavara to Chickmagalur


in respect of whom
compensation is
claimed traveling
by the vehicle
involved in the
accident? If so give
the name of the
places of starting of
journey and
destination.

-3-
11. Nature of injuries The deceased has sustained
sustain Grevious injuries, due to that
ed and continuing he Died at the Hospital.
effect,
if any, of injuries.

12. Name and Duty Doctor, Government


address of the P.H.C Hospital, Banavara
Medical Arsikere taluq
officer/Practitioner
if any, who attended
on the dead or
injured.

13. Period of Not applicable


treatment and
expenditure, if any,
incurred thereon [to
be supported by
documentary
evidence]

14. Nature of the Not applicable


injury & whether it
caused perma nent
disablement or not.

14A. Registration No. Bus bearing Registration No.


and the KA.18 - F-348
type of vehicle
involved
in the accident.

15. Name and address of Second Respondent


the
owner of the vehicle

16. Name, Policy Second Respondent through


number, self insurance
Insurance particulars
and
address of the insurer
of
the vehicle

17. Has any claim been No-


loddged with the
owner
insurer if so with what
result ?

18. Name and address of As mentioned in the cause


applicant. title of this petition

19. Relation with Mother, & Brother


deceased
20. Title to the property Not Applicable
of
the deceased.

21. Amount of Rs.25,00,000-00


compensation
claimed.
That on the date of accident 12-01-2012 at about
evening 3:00 P.M. deceased N.M Chandrashekara was on
duty as conductor in a KSRTC bus bearing registration No.
K.A.13-F348 from Banavara to Chickamagalur along with
passenger and bus driver in the bus. While the bus was
moving on Chickkadevanooru village front road. The
driver of the bus drived the bus in rash and negligent
manner on an alternative road to go far Kurubara halli and
caused the bus to Topple over. That due to the above said
accident Sri. N.M.Chandrashekara conductor who was in
the backdoor of the bus had sustained severe Grievous
injuries and due to that injuries he was succumbed to death
at Hospital. That after the said accident the dead body of
late. N.M.Chandrashekara was shifted to his village. A sum
of Rs. 20,000-00 has spent towards funeral expenses and
sum of Rs. 50, 000-00 for performing obsequies of the
deceased N.M.Chandrashekara.

As a result of the unforeseen death of deceased


N.M.Chandrashekara., the petitioner1 has lost one of her
son, petitioner no.2 has lost lonely brother both the
petitioners have lost love and affection and care of a family
member. The petition no.1 has lost one of the care taker in
her old age. That due to death of N.M.Chandrashekara. the
petitioners has been put to pain, sufferings, mental agony
and financial difficulties. That deceased was taking care of
the petitioners and he was looking after the agricultural
work of petitioner no1 who was a aged lady . The Late
N.M.Chandrashekara. was possessing 4 acres of dry land
bearing survey number 15 P 34 in kyathanalli village
Kundur hobli, Alur Tq. Where he was growing potato,
maize and raagi and was earning agriculture income of
more than 2 lakh per annum That due to the death of
N.M.Chandrashekara. the petitioners are put to
irreparable loss and damage.

That the above said accident has occurred due to the rash
and negligent driving of driver (1st respondent) of Bus
bearing Registration No. KA.18.F.348 during the course of
his employment under the Second respondent. That the
second respondent is the owner and the insurer of the bus.
Hence first and second respondents are jointly and
severally liable to satisfy the award amount.

That the accident has taken place at near Chikkadevanoor


village, Kadur Tq. The petitioner 1&2 is resident of
Nelligere village, alur Tq, Hassan District. within the
jurisdiction of this Honble Tribunal. Hence this Honble
Tribunal has got the jurisdiction to entertain the petition
and dispose the same.

WHEREFORE for the fore going reasons the petitioner


prays that this Honble Tribunal be pleased to pass an
award in favour of the petitioners and against the
respondents granting compensation of Rs. 25,00,000-00 [
Rupees Twenty five Lakhs ] with costs and interest at the
rate of 18 % p.a. from the date of accident to the date of
realization and such other reliefs as the Honble Tribunal
deems fit to grant under the circumstances of the case in
the interest of equity and justice.

Advocate for Petitioners. Petitioners

VERIFICATION

What are all stated above are true and correct to the best of
knowledge, belief and information.

Date: .03.2014
Place: Hassan Petitioners

BEFORE THE MOTOR ACCIDENT CLAIMS


TRIBUNAL AT HASSAN
M.V.C.No. / 2014
PETITIONER/S RESPONDENT/S

1,Smt.NAGARATHNAMMA 01.
KESHAVA
Aged about 66years S/o Sanjeevegowda
W/o Late.Somashekar KA-13 F-2056 KSRTC
Driver,
2nd stage 5th cross Sangameshwera Ksrtc Hassan division
,Hassan
Badavane Hassan -573201 (Driver of the Bus)

02. Managing Director


Sarige bhavana ksrtc
cental
office Shanthi nagar
Bangalore
(Owner & Insurer of the
Vehicle
bearing Reg.No. KA-18-F-
348

.
Represented by :
The Divisional controler
KSRTC Hassan division.
HASSAN-573201

Under Sec.166 of the Motor Vehicles Act 1989 the


petitioner does hereby apply for the grant of compensation
for the Injuries suffered in the motor vehical accident.
Necessary particulars in respect of the Injuries, vehicle etc.,
are given below:

1 Full address of the Smt.NAGARATHNAMMA


person injured. Aged about 66years
W/o Late.Somashekar
2nd stage 5th cross
Sangames
hwera
Badavane Hassan -573201
2.Age of the person 66years
injured

3.Occupation of the House wife


person
injured
4.Name and address nil
of the employer of
the deceased or
injured if any.

5.Monthly income of nil


the person
dead/injured

6. Does the person Not applicable


in respect of
whom
compensation is
claimed pay
Income Tax ?
state the amount
of Income Tax
(to be supported
by documentary
evidence)

7. Place, date and B.C.Road Bantwala taluq


time of accident Manglore dist on 18-01-
2014, at about 02:45P.M.
8. Name and Bantwala town police
address of police station, Dhakshina kannada
station in whose
jurisdiction the
accident took
place or was
registered.

9. Was the person Yes, Manglore to Hassan


in respect of
whom
compensation is
claimed traveling
by the vehicle
involved in the
accident? If so
give the name of
the places of
starting of
journey and
destination.

10. Nature of injuries 1. . Lacerated wound over


sustain the inner lip measuring
ed and continuing 3*1*1
effect, 2. Swelling & redness over
if any, of injuries. the medial aspect of
upper portion of left leg
3. Left upper proximal
tibia fracture with joint
effusion,

11. Name and Dr Kalavathi Government


address of the Wenlock /district hospital
Medical Manglore.(D.K)
officer/Practition
er if any, who
attended on the
injured.

12. Period of 18/01/14 to 19/01/14 in


treatment and manglore
expenditure, if
any, incurred
thereon [to be
supported by
documentary
evidence]

13. Nature of the 1. Lacerated wound over


injury & whether the inner lip measuring
it caused perma 3*1*1
nent disablement 2. Swelling & redness over
or not. the medial aspect of upper
portion of left leg
3. Left upper proximal
tibia fracture with joint
effusion,

yes caused permanent


desebality
14A. Registration No. Bus bearing Registration
and the No. KA.13 - F-2056
type of vehicle
involved
in the accident.

15. Name and address Second Respondent


of the
owner of the vehicle

16. Name, Policy Second Respondent through


number, self insurance
Insurance
particulars and
address of the
insurer of
the vehicle

17. Has any claim been No-


loddged with the
owner
insurer if so with
what
result ?

18. Name and address As mentioned in the cause


of title of this petition
applicant.

20. Title to the Not Applicable


property of
the deceased.
21. Amount of Rs.5,00,000-00
compensation
claimed.

That on the date of accident 18-01-2014 the petitioner


was travelling in the KSRTC bus bearing registration No.
K.A.13-F2056 from Manglore to Hassan along with
passenger and bus driver in the bus. While the bus was
moving B.C.road road. The driver of the bus drived the bus
in rash and negligent manner and dashed to the front going
Volvo bus of K.S.R.T.C. That due to the above said accident
Smt. Nagarathnamma had sustained severe Grievous
injuries and due to that injuries immediately she was
shifted to Govt hospital Manglore in the said hospital POP
was applied on the left leg and necessary treatment was
given. There she was admitted for two days and leter she
was brought to Hassan . At Hassan she took treatment for
further checkups. As a result of the above said accident
petitioner has undergone long period of treatment
involving an expenditure of Rs. 20,000-00 inclusive of
medical expenses, incidental expenses and expenses on
attendance etc,. That due to the said accident petitioner has
put to pain, sufferings, mental agony, financial difficulties
and unforeseen expenses.

That petitioner was house wife due to the above said


accident petitioner is suffering from disability. At present
the petitioner is not in a position to do her works as prior
to the accident. Thus the petitioner is put to irreparable and
damage.
That the above said accident has occurred due to the rash
and negligent driving of the first respondent. That the first
respondent being the driver of the KSRTC bus is
responsible for the accident has insured his vehicle with
second respondent. Second respondent is the insurer of the
vehicle. Hence first and second respondents are jointly and
severally liable to satisfy the award amount.
That the petitioner is the resident of Hassan town within
the jurisdiction of this Honble Tribunal. Hence this
Honble Tribunal has got the jurisdiction to entertain the
petition and dispose the same.
WHEREFORE for the fore going reasons the
petitioner prays that this Honble Tribunal be pleased to
pass an award in favour of the petitioner and against the
respondents jointly and severally granting compensation of
Rs. 5,00,000-00 [ Five Lakh ] with interest at the rate of 18
% p.a. from the date of accident to the date of realization
and such other reliefs as the Honble Tribunal deems fit to
grant under the circumstances of the case in the interest of
equity and justice.

Advocate for petitioner. Petitioner


VERIFICATION

What are all stated above are true and correct to the
best of knowledge, belief and information.

Date: .06.2014
Place: Hassan Petitioner
BEFORE THE MOTOR ACCIDENT CLAIMS
TRIBUNAL AT HASSAN
M.V.C.No. / 2014

PETITIONER/S RESPONDENT/S

1,Sri Mohammad Peer 01. KESHAVA


Aged about 40 years S/o Sanjeevegowda
s/o Abdul khader KA-13 F-2056 KSRTC
Driver,
Near Makka Masjid Ambedkar nagar Ksrtc Hassan
division, Hassan
Hassan -573201 (Driver of the Bus)

02. Managing Director


Sarige bhavana ksrtc
cental
office Shanthi nagar
Bangalore
(Owner & Insurer of the
Vehicle
bearing Reg.No. KA-18-F-
348

.
Represented by :
The Divisional controler
KSRTC Hassan division.
HASSAN-573201

Under Sec.166 of the Motor Vehicles Act 1989 the


petitioner does hereby apply for the grant of compensation
for the Injuries suffered in the motor vehical accident.
Necessary particulars in respect of the Injuries, vehicle etc.,
are given below:

2 Full address of the Sri.Mohammed peer


person injured. Aged about 40years
s/o Abdul khader
Near Makka masjid
Ambedkar
nagar
Hassan -573201
2.Age of the person 40years
injured

3.Occupation of the Hamali/cooli


person
injured
4.Name and address nil
of the employer of
the deceased or
injured if any.

5.Monthly income of nil


the person
dead/injured

10. Does the Not applicable


person in respect
of whom
compensation is
claimed pay
Income Tax ?
state the amount
of Income Tax
(to be supported
by documentary
evidence)

11. Place, date and B.C.Road Bantwala taluq


time of accident Manglore dist on 18-01-
2014, at about 02:45P.M.
12. Name and Bantwala town police
address of police station, Dhakshina kannada
station in whose
jurisdiction the
accident took
place or was
registered.
13. Was the Yes, Manglore to Hassan
person in respect
of whom
compensation is
claimed traveling
by the vehicle
involved in the
accident? If so
give the name of
the places of
starting of
journey and
destination.

10. Nature of injuries 4. . Lacerated wound over


sustain the inner lip measuring
ed and continuing 3*1*1
effect, 5. Swelling & redness over
if any, of injuries. the medial aspect of
upper portion of left leg
6. Left upper proximal
tibia fracture with joint
effusion,

14. Name and Dr Jalaluddin Rizwan C.M


address of the Highland hospital Falnir,
Medical Manglore.(D.K)
officer/Practition
er if any, who
attended on the
injured.

15. Period of 18/01/14 to 19/01/14 in


treatment and manglore
expenditure, if
any, incurred
thereon [to be
supported by
documentary
evidence]
16. Nature of the 1. Lacerated wound over
injury & whether the inner lip measuring
it caused perma 3*1*1
nent disablement 2. Swelling & redness over
or not. the medial aspect of upper
portion of left leg
4. Left upper proximal
tibia fracture with joint
effusion,

yes caused permanent


desebality
14A. Registration No. Bus bearing Registration
and the No. KA.13 - F-2056
type of vehicle
involved
in the accident.

15. Name and address Second Respondent


of the
owner of the vehicle

16. Name, Policy Second Respondent through


number, self insurance
Insurance
particulars and
address of the
insurer of
the vehicle

17. Has any claim been No-


loddged with the
owner
insurer if so with
what
result ?

18. Name and address As mentioned in the cause


of title of this petition
applicant.
20. Title to the Not Applicable
property of
the deceased.

21. Amount of Rs.5,00,000-00


compensation
claimed.

That on the date of accident 18-01-2014 the petitioner


was travelling in the KSRTC bus bearing registration No.
K.A.13-F2056 from Manglore to Hassan along with his
daughter . While the bus was moving in B.C.road road. The
driver of the bus drived the bus in rash and negligent
manner and dashed to the front going Volvo bus of
K.S.R.T.C. That due to the above said accident Sri.
Mohammed Peer had sustained severe Grievous injuries
and due to that injuries immediately he was shifted to High
land hospital Manglore in the said hospital X.Ray C.T
scanning and necessary treatment was given. There he was
admitted for two days and later he was brought to Hassan .
At Hassan he took treatment for further checkups. As a
result of the above said accident petitioner has undergone
long period of treatment involving an expenditure of Rs.
30,000-00 inclusive of medical expenses, incidental
expenses and expenses on attendance etc,. That due to the
said accident petitioner has put to pain, sufferings, mental
agony,loss of income, financial difficulties and unforeseen
expenses.

That petitioner was sole earner in his family. He was


working as Hamali in Hassan APMC due to the above said
accident petitioner could not go to his work for 2 months
and his family was put to lot of financial burden to manage
the family. At present the petitioner is not in a position to
do his works as prior to the accident. Thus the petitioner is
put to irreparable and damage.

That the above said accident has occurred due to the rash
and negligent driving of the first respondent. That the first
respondent being the driver of the KSRTC bus is
responsible for the accident has insured his vehicle with
second respondent. Second respondent is the insurer of the
vehicle. Hence first and second respondents are jointly and
severally liable to satisfy the award amount.
That the petitioner is the resident of Hassan town within
the jurisdiction of this Honble Tribunal. Hence this
Honble Tribunal has got the jurisdiction to entertain the
petition and dispose the same.
WHEREFORE for the fore going reasons the
petitioner prays that this Honble Tribunal be pleased to
pass an award in favour of the petitioner and against the
respondents jointly and severally granting compensation of
Rs. 5,00,000-00 [ Five Lakh ] with interest at the rate of 18
% p.a. from the date of accident to the date of realization
and such other reliefs as the Honble Tribunal deems fit to
grant under the circumstances of the case in the interest of
equity and justice.

Advocate for petitioner. Petitioner


VERIFICATION

What are all stated above are true and correct to the
best of knowledge, belief and information.

Date: .06.2014
Place: Hassan Petitioner

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