BEFORE THE FAMILY JUDGE COURT :: ONGOLE

M.V.O.P.No.31/2013
Tella Jeevitha and others ..Petitioners

Vs

S.Siva Kumar and others ..Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF THE PETITIONERS

(PW-1) U/Or 18 R 4 & Sec.139 C.P.C
I, Tella Jeevitha W/o.Late Rajesh Babu, aged about 24 years, Hindu,

resident of D.No.25-12-15A, Ikya Nagar Colony-2, Perala, Chirala Municipality,

Prakasam 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 petitioners 4 & 5 are my in-laws and

petitioners 2 & 3 are the brothers of the deceased Tella Rajes Babu and the 2 nd

petitioner is being minor and rep.by his father, 4 th petitioner, as natural guardian

and I am giving this affidavit on behalf of other petitioners also. The above O.P

is filed for compensation for the death of my husband, Tella Rajesh Babu, who

died in a Motor accident.

I submit that, while so, on 15-10-2012 in the morning hours, my husband

started at my home in Chirala Village on his Companys motorcycle bearing

No.AP 05 BJ 3104, which belongs to 4th respondent, to go to his office situated

at Yedlapadu Village as daily routine manner and at about 10-15 hours, while

my husband proceeding on NH-5 (AH-16) road, Ongole to Guntur road, and

when he reached near NRT Centre, Chilakaluripet, the 1 st respondent coming on

the same direction drove the same with rash and negligent manner in high

speed without blowing horn and without observing the vehicular traffic on the

road and hit my husbands motor cycle bearing No.AP 05 BJ 3104 on its back

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side. Due to that accident, my husband fell on the road and the tyres of the

lorry dragged my husband to some distance and due to that my husband

sustained bleeding injuries all over the body and immediately after the

accident, my husband was shifted to Govt. Hospital, Ch.Pet, by 108 Ambulance

and after that my husband succumbed to the injuries while undergoing

treatment. After the accident a case was registered in Cr.No.391/2012

U/Sec.304-A I.P.C., of Chilakaluripet Town P.S., and investigated into. The

accident was occurred solely due to rash and negligent driving of the driver of

Lorry bearing No.TN 48 R 3535, during the course of his employment under the

2nd respondent and the same was insured with the 3rd respondent. My

deceased husband having valid driving licence bearingNo.DLFAP12725772009

(MCWG NT (30/09/2029).

Due to the sudden demise of my deceased husband, we have deprived our

earning member. My husband was aged about 25 years and he would have lived
up to 80 years as he was hale and healthy at the time of accident. Our family
members are the dependants on the income of the deceased. My husband had
been working as Retail Store Manager in Coromandel International Limited,
Yadlapadu Village of Guntur District and earning an amount of Rs.2,50,000/- per
annum and also running Computer Internet Shop in the name and style of
Rajesh Internet & Xerox, at Chirala Village by establishing 10 computers and
Xerox machine and earning an amount of Rs.10,000/- per month and maintaining
our family with that amount and the deceased was aged about 25 years by the
time of accident and he was hale and healthy at the time of accident. I am the
wife of the deceased and suffering with loss of consortium, and the 2 nd petitioner
is the younger brother and 3rd petitioner is the elder brother of the deceased and
the petitioners 4 & 5 are the parents of the deceased and they are suffering with
loss of love and affection due to immature death of the deceased. We are
suffering with starvation after the death of the deceased and we lost our bright
future and bread winner, due to immature death of the deceased. The 2 nd

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petitioner is studying Intermediate 1st year in Goutham Junior College, Chirala
and the 3rd petitioner is studying Degree Final Year in Bharati Degree College,
Chirala and the entire family welfare was conducted by the deceased, Tella Rajesh
Babu and at present no one person to look after our welfare. We have lost our
bread winner and also sustained loss of future earnings of the deceased.
R-1 is the driver of the Lorry bearing No.TN 48 R 3535, R-2 is the Owner
of the Lorry bearing No.TN 48 R 3535 and R-3 is the insurer of the Lorry bearing
No.TN 48 R 3535 and R-4 is the Owner of Motorcycle bearing No.AP 05 BJ 3104
and R-5 is the Insurer of the motorcycle bearing No.AP 05 BJ 3104 and hence all
the respondents are jointly and severally liable to pay the compensation
claimed by us.
A case was registered in Cr.No.391/2012 u/s.304-A IPC of Ch.Pet Town P.S.,
Guntur District.
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.391/2012 u/s.304-A IPC of

Ch.Pet Town P.S., Guntur District,
Exhibit-A2:-Certified copy of Inquest Report relating to the deceased
Tella Rajesh Babu,
Exhibit-A3:-Certified copy of P.M. Certificate relating to the deceased
Tella Rajesh Babu,
Exhibit-A4:-Certified copy of M.V.I.Report ,
Exhibit-A5:-Certified copy of Rough Sketch in Cr.No.391/2012 of
Ch.Pet Town P.S., Guntur District,
Exhibit-A6:-Certified copy of Charge Sheet in C.C.625/2012 on the file of
Additional Junior Civil Judge, Chilakaluripet,
Exhibit-A7:-Driving Licence relating to the deceased bearing
No.DLFAP12725772009 (MCWG NT (30/09/2029).
Exhibit-A8:-Attested copy of 10th class Marks List relating to the deceased,
Exhibhit-A9:-Attested copies of MBA Memorandum of Marks
Certificates for the Semesters-I, II & III.

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Exhibit-A10:-Appointment Letter, dt.6-7-2009 relating to the deceased,
Tella Rajesh Babu, issued by Coromandel Fertilizers Limited,
Secunderabad.
Exhibit-A11:-Photographs-4 in number relating to the deceaseds Internet shop.
Exhibit-A12:-CD Disk containing 4-photographs of the deceaseds Internet shop.

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 5 with joint

and several liability for compensation of Rs.29,00,000/- with subsequent

interest at 12% p.a. from the date of petition, till the date of realization 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 October, 2013.
Advocate, Ongole.

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 V.V.P.K
Petitioners

IN THE COURT OF THE FAMILY

JUDGE :: ONGOLE

M.V.O.P.No.31/2013

CHIEF AFFIDAVIT FILED ON BEHALF

OF THE PETITIONERS (PW-1) UNDER
ORDER 18 R 4 & 139 C.P.C

FILED BY:-
Sri.V.V.PAVAN KUMAR
ADVOCATE, ONGOLE.