ANNEXTURE “A”

(1). THAT 25/01/2013 WAS AN UNFORTUNATE DAY IN THE LIFE OF SH, MOHIT
GUPTA.THE TIME AROUND 01:00 P.M. IN THE AFTERNOON WHEN THE
PETITIONER SH. MOHIT GUPTA,S/O SH. JOGESH GUPTA WAS
DRIVING/TRAVELLING ALONG WITH HIS MOTHER ON HIS SCOOTER
BEARING REG. NO. DL-14SB-3285 AT A VERY MODERATE SPEED ON THE
CORRECT SIDE OF THE ROAD QUIT CAUTIOUSLY AND WHEN THEY
REACHED NEAR A.G.C.R CENTRAL SCHOOL(KENDRIYA
VIDYALAYA),MANGLAM MARG,ANAND VIHAR,SUDDENLY A CAR BEARING
REG.NO.DL-2CAK-2359,BEING DRIVEN BY RESPONDENT NO.1 AT A VERY
HIGH SPEED RASHLY AND NEGLIGENTLY IN LIEU TO OVERTAKE OTHER
VEHICLES WITHOUT TAKING DUE CAUTIONS AND WITHOUT FOLLOWING
THE RULES OF ROAD, CAME AND COLLIDED WITH THE SCOOTER AS A
RESULT THE PETITIONER SUSTAINED SERIOUS AND GRIEVOUS INJURIES
AND HE WAS IMMEDIATELY TAKEN TO THE DR. HEDGEWAR HOSPITAL,NEW
DELHI. A CASE OF INJURIES DUE TO RASH AND NEGLIGENT DRIVING HAS
BEEN REGISTERED AGAINST THE INNOVA DRIVER (ANUJ CHATURVEDI) AT
ANAND VIHAR POLICE STATION U/S 279/338 I.P.C ,F.I.R NO. 41/13.THE
ACCIDENT TOOK PLACE DUE TO THE RASH AND NEGLIGENT AND RASHNESS
DRIVING OF THE OFFENDING CAR BEARING REG. NO.DL-2CAK-2359, BEING
DRIVEN BY THE RESPONDENT NO.1, THE RESPONDENT NO.2 BEING THE
OWNER OF THE OFFENDING CAR AND THE RESPONDENT NO. 3 BEING THE
INSURER OF THE OFFENDING CAR(PARTICULARS TO BE SUPPLIED BY THE
OWNER) 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 SERIOUS
INJURIES TO THE PETITIONER.DOCTRINE OF RES ISPA LOCUTER APPLIES.

(2). That The petitioner was immediately taken to the DR. HEDGEWAR HOSPITAL,NEW
DELHI on 25/01/2013 BUT HIS SITUATION WAS VERY CRITICAL(BP AND PULSE
WAS NOT RECORDABLE AT THE TIME OF ADMISSION) SO HE WAS SHIFTED
TO THE G.T.B HOSPITAL ON 25/1/13 FOR BETTER TREATMENT AND
DISCHARGED ON 26/1/13.HE WAS AGAIN TAKEN TO THE L.N.J.P HOSPITAL ON
26/1/13 FOR THE SURGERY BUT SHIFTED TO THE MAULANA AZAD INSTITUTE
OF DENTAL SCIENCES,NEW DELHI ON 29/1/13 AND DISCHARGED ON
04/02/2013.OPERATION DONE WITH HIGH RISK CONSENT.After The
DISCHARGED FROM The Hospital He ATTENDED SEVERAL O.P.D’S AT
HOSPITAL ON FOLLOWING DATES:-
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(3). THE PETITIONER SUSTAINED SERIOUS CRITICAL INJURIES AS PER MEDICAL

RECORDS. (1).MANDIBLE FRACTURE,(2).PARASYMPHYSIS FRACTURE,
(3).LEFORT GRADE II FRACTURE,(4).FRACTURE RIGHT SIDE MULTIPLE
TOOTH.(5).MONILOFACIAL INJURIES,(6).JAW MOVEMENT
RESTRICTED,OPENING OF MOUTH TOTALLY RESTRICTED,(7).CLASS III
FRACTURE OF TOOTHS,(8).NOSAL FRACTURE,(9).RIGHT TEMPORAMONDI
JOINT FRACTURES,(10).FRACTURE OF RIGHT TEMPORAL BONE,
(11).FRACTURE OF MAXILLARY SINES.

(4). THAT the Petitioner possessed good health before the accident. The Petitioner taking
home tuitions and earn about 10,000/ P.M from them.
He is very educated and intelligent. Petitioner is having the liability to maintain his
family. The Petitioner has suffered the loss of earning capacity and inability to do his
routine work efficiently on account of injuries sustained on his body. he has been
permanent disabled due to injuries faced during this accident and suffered his future
career. The accident has totally curtailed his working capacity and therefore the entire
family is suffering from huge financial crisis. In addition to mental and physical
sufferings. The petitioner is a C.A STUDENT.THE income/employment opportunities are
demolished. The “SILVER LINING” of his life is lost due to this said accident. He lost all
future incentives in his life.IN TODAY’S SENERIO A CHATERED ACCOUNTANT
HAVE A GREAT INCOME POTENTIAL.
THE petitioner have very impressive signature among the class mates. A beautiful good
looking Delhi university student. He was always particular about his studies:sports:and
looks. He possesses a huge collection of friends and he was always appreciated about his
looks and intelligence by them. Now the facial injuries brings humiliation for him and he
is very depressed and formally cut-off from the rest of the world, the pain he was
suffering can’t be define in the words it can only feel and felt by the person who is going
or suffering from such trauma/tragedy in his beautiful life. He is fighting a brutal combat
with life. Celebrations of life are over for him. This accident cheat stole his golden
moments of life. Mental agony and social seclusion of the petitioner is affected, the
physical frame of the Claimant has been shattered and the same cannot be restored . Now
he has to relocate himself in future life. He is physically impaired. These injuries are virus
to his life. HE IS A VICTIM OF A “SPEED MANIAC “who turned his beautiful life and
great carrier into a mess. In last year, he nourish his carrier in school: college to excel in
academics but all ruined up due to a “SPPED-MANIAC”.

ACADEMIC CARRIER: -- He has a very brilliant academic carrier. He is a meritorious

student; he studied in very renowned school of Delhi. Completed his 12 th class in the year
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2012 with flying colors and scored more than 90% marks. Then he got admission in the
C.A (THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, NEW
DELHI).HE also doing B.COM (HONS.) regular from Dayal Singh College, New Delhi,
and secured more than 75% marks in his first year.

(5). That the Petitioner had incurred expenses on conveyance etc. amounting to Rs.15,000/-
BECAUSE PETITIONER WAS HOSPITALIZED ON SEVERAL OCCASIONS FOR
TREATMENT OF INJURIES SUFFERED IN THE ROAD ACCIDENT. That the
Petitioner had also to engage an attendant to help her in her daily chores and had to give
salary to attendant for lifetime @ Rs.3,000/- per month. That the Petitioner had to take
extra nutritious diet and has incurred expenditure on the same amounting to Rs.20,000/- .
The Petitioner and HIS family member have under gone great mental torture and agony
as well as physical sufferings due to the rash and negligent act of the Respondent no.1.

(6). That The Petitioner Has Not Been Able To Work Since The Date Of Accident And Still
Advised Rest And Will Not Able To Work For life. Petitioner Has Been Become Crippled
And Permanently Disabled Forever. He Will Be Unable To Do Daily routine chores
of life and to move about independently. However, she cannot look after
himself and move without assistance. His subsistence for the remainder of his
life will be dependent on his family members. he suffered untold hardship,
mental agony and torture.

(7).That the Petitioner has claimed the compensation for (1):THE COMPENSATION FOR
LOSS OF EARNING CAPACITY DUE TO PERMANENT DISABILITY BE
AWARDES (2)::THE COMPENSATION FOR LOSS OF INCOME DURING THE
PERIOD OF TREATMENT BE AWRDED, (3)::;THE COMPENSSATION FOR
FUTURE TREATMENT BE AWARDED.(4);;;;THE COMPENSATION FOR PAIN
ANS 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 AWRDED,CONCLUSION THE TOTAL COPENSATION
AMOUNTS TO (RS. 10,00,000/- (RUPEES TEN LAKH ONLY.), which is just and
reasonable as per the injuries sustained by the Petitioner.
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(8).That the Respondents along with the compensation are also liable to pay interest @18% p.a.
from the date of the accident till date of payment.

(9).That the Respondent no.1 is liable being driver, Respondent No2 is liable being the OWNER,
AND THE Respondent No3 is liable being the INSURER of the offending vehicle.

(10).That although the respondents are jointly and severally liable to pay the compensation to
the Petitioner. The damages have to be assessed separately as pecuniary damages and non
pecuniary damages.

PETITIONER
DELHI THROUGH COUNSEL
(POOJA GOEL AND ASSOCIATES)
CHAMBER NO. D-227,
KARKARDOMA COURTS,
DELHI