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IN THE COURT OF SH.B.S CHUMBAK, P.O MACT EAST

DELHI, DELHI.

IN REF: -

SH: BRIJESH VERSUS SH:PITAMBER DUTT RATURI & OTHER’S

D.O.H. - 06/06/13

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER WITNESS SH.

BRIJESH.

I, SH. BRIJESH, S/O SH: VEERPAL -AGED 30 YRS. R/O- H.NO= JB-2/26,
BLOCK-2, TRILOK PURI, and DELHI.DO HEREBY SOLEMNLY AFFIRM AND
DECLARE AS UNDER:

(1).That Deponent is the Petitioner in above noted matter and well conversant with the facts and
circumstances of the case and I am competent to swear this affidavit .That contents of DAR
may kindly be read as part and parcel of this affidavit. DEPONENT GOT REGISTERED
FIR NO. 296/12 P.S KALYANPURI DATED 5/9/12 in which deponent got injuries in
accident.

(2). I STATE THAT TIME AROUND 5:00 P.M. IN THE EVENING ON 3/9/12 WHEN I AM
STANDING ON THE CORRECT SIDE OF THE KONDLI ROAD OPPOSITE BLOCK-
2,TRILOK PURI,DELHI FOLLOWING RULES OF ROAD QUITE CAUTIOUSLY
SUDDENLY A CAR BEARING REG NO.DL-3CT-5164, BEING DRIVEN BY
REPONDENT NO.1 AT A VERY HIGH SPEED RASHLY AND NEGLIGENTLY
WITHOUT TAKING DUE CAUTIONS AND WITHOUT FOLLOWING THE RULES
OF ROAD CAME AND HIT ME AS A RESULT I FALL DOWN ON THE ROAD AND
SUSTAINED SERIOUS AND GREVIOUS INJURIES AND I WAS IMMEDIATELY
TAKEN TO THE L.B.S HOSPITAL DELHI IN A PATHETIC CONDITION .THE
DRIVER OF THE OFFENDING CAR ARRESTED BY THE POLICE AND A CASE OF
RASH AND NEGLIGENT DRIVING HAS BEEN REGISTERED AGAINST THE CAR
DRIVER(PITAMBER DUTT RATURI) AT KALYANPURI POLICE STATION U/S
279/338 I.P.C,F.I.R NO. 296/12 DT. 5/9/12.

(3). I STATE THAT THE RESPONDENT NO.1 WAS DRIVING THE CAR BEARING NO.
DL-3CT-5164 AT A HIGH SPEED RASHLY AND NEGLIGENTLY, THE
RESPONDENT NO.1 BEING THE OWNER/DRIVER AND RESPONDENT NO. 2
BEING THE INSURER OF THE OFFENDING CAR RESPECTIVELY ARE JOINTLY
AND SEVERALLY LIABLE FOR THE WRONGFUL ACT I.E. COMMITTING OF
ACCIDENT RASHLY AND NEGLIGENTLY BY THE RESPONDENT NO.1
RESULTING INTO MY INJURIES.
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(4).I STATE THAT I sustained serious/grievous injuries on arm, forearm, LARGE

DEEP DEGLOVING WOUND, MULTIPLE SUPERFICIAL ABRASSIONS RIGHT

PELVIS, CRUSH INJURIES,FRACTURE OF SHAFT OF FEMUR

LEFT LEG .I AM OPERATED FOR IT ON 18/09/12.

(5). I STATE THAT IAM immediately taken to the L.B.S Hospital, Delhi ON 03/09/13 AND
DISCHARGED ON 21/09/12 on strict advice of bed rest. I HAVE ATTENDED O.P.D’S AT
L.B.S HOSPITAL ON FOLLOWING DATES: - 01/10/12. MY LAST O.P.D PAPER
STILL SAYS THAT THERE IS “STILL SWELLING AND RISTRICTION IN
MOVEMENT STIL NEED MEDICAL TREATMENT AND IAM still under the
treatment of the hospital. I STATE That I will BE further operated and treated, as
the injuries are still not cured. The doctors have advised ME for further
regular check up in near future. I STAE THAT I AM already spent a sum of Rs.
20,000/-on MY treatment. THE BILLS OF EXPENSES IS ANNEXED AS:-EX/PW .

(6). I STATE THAT I possessed good health before the accident. I AM looking the entire
home affairs besides MY carrier, but due to the accidental injuries all the
future prospectus and life of MINE have been battered and shattered. I STATE
THAT I AM WORKING AS A MANSON and was earning RS 10,000/- P.M. The accident
has totally curtailed MY working capacity and therefore the entire family is suffering from
huge financial crisis. In addition to mental and physical sufferings. I STATE THAT DUE
THIS ACCIDENT AND INJURIES I AM DISQULIFIED BY MY EMPLOYERS AND
DISMISSED FROM THE JOB I HAVE LOST MY JOB AND WAY TO LIVING HOOD
DUE THE NEGLIGENCE OF RESPONDENTS 1 AND 2.

(7). I STATE That I AM bed ridden DURING my treatment and I appointed and
engage AN attendant to look after ME and I AM paying salary to attendant @
Rs.2,000/- per month FOR 4 MONTHS REGULARLY.

(8). I STATE That I AM not been able to work since the date of accident and still advised rest
and will not able to work for another one year. I AM BECOME CRIPPLED AND
PERMANENT DISABLED FOREVER. MY plight could not be described in words, nor
could MY pain and suffering, frustration and disappointments be gathered or gauged. I
STAE THAT I already spent huge amount on Conveyance amounting to Rs.15,000/-.
I FURTHER STATE THAT I AM forced to take high & rich protein diet for
early recovery of health and for this I has to spend extra amount and has
incurred expenditure on the same amounting to Rs.10,000/- . The life expectancy has
been considerably reduced due to the injuries sustained in the accident.

(9). I STATE That I AM claimed the compensation for RS.5,00,000/- (RUPEES FIVE LACS
ONLY.), which is just and reasonable as per the injuries sustained by ME DUE TO THE
NEGLIGENCE OF RESPONDENT NO.1. I FURTHER STATE That Respondents along
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with the compensation are also liable to pay interest @18% p.a. from the date of the
accident till date of payment.

(10).I STATE That Respondent no.1 is liable being driver/owner AND the Respondent No.3 is
liable being the INSURER of the offending vehicle.

(11).I STATE That I AM entitled to get amount of compensation (1):The

Compensation For Loss Of Earning Capacity Due To Permanent Disability
Be Awards (2)::The Compensation For Loss Of Income During The Period
Of Treatment Be Awarded, (3)::;The Compensation For Future Treatment
Be Awarded.(4);;;;The Compensation For Pain And Suffering Be Awarded.
(5);;;;;The Compensation For Loss Of Amenities Of Life Be Awarded.
(6):::The Compensation For Amputation And Loss Of Matrimonial
Prospects Be Awarded.(7).The Compensation For Expenditure On
Treatment, Special Diet, And Conveyance.(8):;::The Compensation For
Loss On Account Of Father’s Leave Be Awarded.(9) Cost Of The Petition
And Counsel Fess Must Be Awarded besides other compensation.

(12).That the Deponent relied upon the following documents which are exhibited in my statement

A. CERTIFIED/ ATTESTED COPY OF CRIMINAL RECORD.

B.
C. DISCHARGE SUMMARY/ PRESCRIPTION OF L.B.S HOSPITAL.
D. RESIDENCE/IDENTITY PROOF/VOTER-I CARD OF
DEPONENT
E.
F.

DEPONENT

Verified at Delhi on this 20th day of MAY 2013 that the contents of above affidavit are

true and correct to my knowledge and nothing material has been concealed there

from.
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DEPONENT