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IN THE COURT OF THE PRL.

DISTRICT JUDGE, ONGOLE


I.A.No. /2017 in M.V.O.P.No.388/2016
Between:-
(1) Potthuri Nagaveni
W/o.Late Srinivasa Rao, Hindu,
Aged about 33 years, House Wife,
(2) Potthuri Abhinay Chowdari,
S/o.Late Srinivasa Rao, Hindu,
Aged about 14 years, Student,
(3) Potthuri Venkata Sai Swetha Chowdari
D/o. Late Srinivasa Rao, Hindu,
Aged about 12 years, Student,
Petitioners Nos.2 and 3 are being minors,
Rep by their mother, natural guardian Potthuri Nagaveni.
(4) Potthuri Venkata Rao
S/o. Venkaiah, Hindu,
Aged 65 years,
All are residents of D.No.2-47,
Doddavarappadu Village,
Maddipadu Mandal, Prakasam District. .. Petitioners

AND
(1) Srinivasulu K S/o.Venkata Subbaiah,
Aged about 47 years,
R/o Sri Vivekanada Part Street,
Kavali Town, Nellore District.

(2) DR S Kalyan Kumar,


S/o. Nageswara Rao
ENT Specialist, Anjaiah Road,
Ongole, Prakasam District.

(3) National Insurance Co., Ltd.,


Rep. by its Divisional Manager,
Vijaya Complex, Dhavari Thota,
Ongole, Prakasam District. ..Respondents
PETITION FILED ON BEHALF OF THE PETITIONER U/Or 26 RULE 1 &
Sec.151 C.P.C
For the reasons stated in the accompanying affidavit, it is prayed that the
Honble Court may be pleased to appoint an Advocate Commissioner to record
the evidence of the (1).Dr.Jagadish, Neuro Surgeon, Sanghamitra Hospital,
Ongole, (or) The Doctor, Neuro Surgeon, Sanghamitra Hospital, Ongole
(2).Dr.K.Sridhar, Director Neurosciences & Head of Department, Global
Hospitals, Chennai, (or) The Doctor, Consultant Neurosurgeon Global Hospitals,
Chennai, (3).Dr.Rajasekhar, General Surgeon, Nalluri Nursing Home, Ongole
(or). The Doctor, General Surgeon, Nalluri Nursing Home, Ongole, (4).Dr.Ravi
Shankar, Nephrology, Dr.PSIMS General Hospital, Chinaoutapalli, Gannavaram

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Mandal, Krishna District, (or) The Doctor, Nephrology, Dr.PSIMS General
Hospital, Chinaoutapalli, Gannavaram Mandal, Krishna District, and to submit
Report before the Honble Court for kind perusal and pass such other necessary
orders, in the interest of Justice.
Be pleased to Consider
Ongole,
Dt:-28-06-2017.
ADVOCATE FOR PETITIONERS
IN THE COURT OF THE PRL. DISTRICT JUDGE, ONGOLE
M.V.O.P.No.388/2016

Potthuri Nagaveni & 3 others .. Petitioners

AND
Srinivaslu K & 2 others .. Respondents

AFFIDAVIT FILED U/S 139 C.P.C.


I, Potthuri Nagaveni, W/o. Late Srinivasa Rao, aged about 33 years,
Hindu, Resident of D.No.2-47, Doddavarappadu Village, Maddipadu Mandal,
Prakasam District, do hereby solemnly affirm and sincerely state as
follows:-
I am the deponent herein. The 2nd and 3rd petitioners are being minor
children and represented by me as natural guardian. The 4 th petitioner is
the father of my husband, Potthuri Srinivasa Rao. I am giving this affidavit
on behalf of all the petitioners. The above O.P is filed for compensation for
the death of my husband, Potthuri Srnivasa Rao, who died in a Motor
accident.
I submit that while so on, 25-07-2016 in the morning the deceased
went to bring mineral water from Seetharamapuram Kostalu after filling
mineral water in the can and by putting mineral water on the back side of the
motor cycle with tightening rope and started to go to his village
Doddavarappadu on the way, when he reached Doddavarappadu cross road
at about 7:30 AM and while passing through Zebra line on NH-5 road and the
front wheel of the motor cycle crossed the middle of the road i.e., the place in
between Ongole Vijayawada road and Vijayawada Ongole road. At that
time a car bearing no.AP-26-AF-0826 which is coming from Vijayawada side
towards Ongole side without observing traffic controller signal point (orange
blinking light) came extreme his right side of the road driven by its driver in

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a rash and negligent manner with high speed without blowing horn dashed
the rear side of the motor cycle on which the deceased was going. Due to
that hit the deceased fell down from the motor cycle on the road. Due to the
accident the deceased sustained grievous injuries all over body including
major injury to his head. The persons, who gathered there, shifted the
deceased to Sangamitra Hospital, Ongole for treatment. The doctors in
Neuro Surgery Department in Sangamitra Hospital, Ongole gave treatment
for the head injury for about 5 days after that the doctors advised to shift the
injured to higher center at Chennai. The hospital authorities in Sangamtira
Hospital, Ongole collected an amount of Rs.2,34,000/- for the treatment,
hospitalization and medicines. As per the advice by the Sangamitra Hospital
doctors, the deceased was shifted to Global Health City, Chennai on 31-07-
2016. The doctors in Global Health Centre conducted operations to the
deceased and gave necessary treatment to the deceased and discharged on
08-09-2016. On 09-09-2016 the deceased was admitted in Nalluri Nursing
Home, Ongole and the doctors of Nulluri Nursing Home gave treatment to
the deceased for about 40 days. Later the survival chances are decreased the
doctors Nulluri Nursing Home discharged the deceased. The hospital
authorities of Nulluri Nursing Home, Ongole collected an amount of
Rs.3,00,000/- towards hospitalization and medicines. After that the deceased
was admitted in Lakshmi Super Specialty Hospital, Ongole after 5 days he
was discharged from the Lakshmi Super Specialty Hospital, Ongole. The
hospital authorities Lakshmi Super Specialty Hospital, Ongole collected an
amount of Rs.25,000/-. Lastly he was admitted in Pinnamaneni Siddardha
Medical College Hospital, Chinnaoutpalli near Vijayawada, where he was
succumbed to injuries on 28-10-2016. The petitioners paid an amount of
Rs.40,000/- to the Pinnamaneni Siddardha Medical college Hospital.
I was examined as PW-1 and one Kothimera Suresh S/o.Raghavulu was
examined as PW-2 and Ex.A1 to A24 are marked on my behalf of. The above
matter posted to for my further evidence. I submit that unless and until the
doctors are examined in my side, I could not able to prove my case at all. I
am advised to file this application seeking the aid and assistance of this
Honble court. There are no willful laches on my part in not filing the said
application earlier.

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So, I am advised to file this petition to record the evidence on my side.
I am ready to pay the commissioners fee towards appointment of
commissioner. The above doctors evidence is very essential to prove my
case.
The matter is posted for further evidence on my side. So, it is just and
necessary to appoint an Advocate Commissioner to record the evidence of
the said doctors, and to file the commissioner record before the Honble
Court.
Hence I pray that the Honble Court may be pleased to appoint an
Advocate Commissioner, to record the evidence of (1).Dr.Jagadish, Neuro
Surgeon, Sanghamitra Hospital, Ongole, (or) The Doctor, Neuro Surgeon,
Sanghamitra Hospital, Ongole (2).Dr.K.Sridhar, Director Neurosciences & Head
of Department, Global Hospitals, Chennai, (or) The Doctor, Consultant
Neurosurgeon Global Hospitals, Chennai, (3).Dr.Rajasekhar, General Surgeon,
Nalluri Nursing Home, Ongole (or). The Doctor, General Surgeon, Nalluri Nursing
Home, Ongole, (4).Dr.Ravi Shankar, Nephrology, Dr.PSIMS General Hospital,
Chinaoutapalli, Gannavaram Mandal, Krishna District, (or) The Doctor,
Nephrology, Dr.PSIMS General Hospital, Chinaoutapalli, Gannavaram Mandal,
Krishna District, and to submit the report before this Honble Court, or else I
will be put to loss and injury.

DEPONENT
Solemnly affirmed and signed before me the contents of the affidavit is read
over and explained in Telugu to the deponent and admitted him to be
correct on this the 28th day of June, 2017.

ADVOCATE, ONGOLE

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V.V.P.K
For:-Petitioners

IN THE COURT OF THE PRL.


DISTRICT JUDGE::ONGOLE

I.A.No. /2017

M.V.O.P.No.388/2016

PETITION FILED ON BEHALF OF THE


PETITIONERS UNDER ORDER 26
RULE 1 & Sec.151C.P.C

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

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