~1~

IN THE COURT OF SH: ARVIND KUMAR JUDGE MACT, DELHI.

IN REF: -

SMT: DEEPIKA ARORA VERSUS SH: DEEPAK CHADHA & OTHER’S

D.O.H.- 01/06/13

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

DEEPIKA ARORA

I, SMT. DEEPIKA ARORS, W/O SH. ROHIT ARORA, AGED 30 YEARS R/O- H.NO-
7/533,JWALA NAGAR SHAHDARA,DELHI-32.
DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:

(1). That the Deponent is the Petitioner in the above noted matter and is well conversant with
the facts and circumstances of the case and am competent to swear this affidavit.

(2). I STATE THAT ON 03/02/13 AROUND 3:30 P.M. IN THE AFTERNOON WHEN “I” SMT.
DEEPIKA ARORS, W/O SH. ROHIT ARORA WAS TRAVELLING ALONG WITH MY
HUSBAND ON OUR MOTORCYCLE BEARING REG. NO. DL-1SS-6709 BEING DRIVEN BY
MY HUSBAND AT A VERY MODERATE SPEED ON THE CORRECT SIDE OF THE ROAD
QUIT CAUTIOUSLY AND WHEN WE REACHED NEAR E.S.I HOSPITAL ON ROAD
NO.71,VIVEK VIHAR,DELHI,SUDDENLY A MITSUBISHI OUTLANDER BEARING REG.
NO.HR-51AL-1496,BEING DRIVEN BY REPONDENT NO.1 AT A VERY HIGH SPEED
RASHLY AND NEGLIGENTLY RECKLESSLY AND WITHOUT FOLLOWING THE RULES
OF ROAD CAME AND HIT OUR MOTORCYCLE AS A RESULT “WE” FALL ON THE
ROAD AND SUSTAINED SERIOUS AND GREVIOUS INJURIES AND “”I” WAS
IMMEDIATELY REMOVED TO THE G.T.B HOSPITAL DELHI IN A PATHETIC
CONDITION. A CASE OF RASH AND NEGLIGENT DRIVING WITH VARIOUS OTHER
CHARGES HAS BEEN REGISTERED AGAINST THE DRIVER(DEEPAK CHADHA) AT
VIVEK VIHAR POLICE STATION U/S 279/337 I.P.C IN F.I.R NO. 74/13.THE RESPONDENT
NO.1 WAS DRIVING THE MITSUBISHI OUTLANDER BEARING REG. NO.HR-51AL-1496
AT A HIGH SPEED RASHLY AND NEGLIGENTLY, THE RESPONDENT NO.2 BEING THE
OWNER OF THE OFFENDING MITSUBISHI OUTLANDER BEARING REG. NO.HR-51AL-
1496 AND THE RESPONDENT NO. 3 BEING THE INSURER OF MITSUBISHI OUTLANDER
BEARING REG. NO.HR-51AL-1496 RESPECTIVELY ARE JOINTLY AND SEVERALLY
LIABLE FOR THE WRONGFUL ACT I.E. COMMITTING OF ACCIDENT RESULTING
INTO MY INJURY.DOCTRINE OF RES ISPA LOCUTER APPLIES.

(3). That I was immediately taken to the G.T.B Hospital, Delhi, ON 03/02/13 BUT MY SITUATION
WAS SERIOUS SO “I” WAS SHIFTED TO THE I.C.U OF THE HOSPITAL . “I “ REMAINED IN
THE ORTHOPADIC DEPARTMENT OF HOSPITAL .I am still under treatment of
hospital. AT the time of discharge, I am advised to remain on strict bed rest,
while on prescribed medicines and to attend OPD
 ~2~
(4).I STATE THAT I sustained serious/grievous injuries DEGOLVING INJURIES ON
LEFT FOOT AND DNVAS,AND TISSUES LOSS OF LEFT FOOT AND MULTIPLE
ABRASSIONS AND TENDERNESS ALL OVER THE BODY AND INJURIES AS PER
MEDICAL RECORDS.

(5). I STATE THAT the dressings used to be done at my home daily. Grafting of
skin over MY FOOT was required to be done immediately on granulation as
the skin could not be grafted on fibroses skin and thus to make the wound
eligible for grafting daily dressings were advised. The petitioner was made to
lie in one posture in lateral position for about two weeks.

(6). I STAE That a sum of Rs.20,000/- has been spent towards MY hospitalization,
treatment, medical investigations, blood testing, equipments, implants,
medicines, dressing material, special diet. That IAM still under treatment and bed
ridden AND has been advised complete rest. Equivalent or more amount is likely to
be spent in future to come. I have been able to preserve some of the bills,
amounting to Rs._____________. The originals of the same are exhibited. A
sum of Rs.__________/- on Walking Sticks, Walker, Chair, Commode, Bed
pans, Observant Sheets.

(7). I STATE that since after the accident I HAVE to engage attendant to look
after ME. The Female attendant cost ME Rs.2,000/- per month.The salary of
the attendant is bound to increase with passage of time. I state that soon after
the accident “I” was advised to take special diet to regain the shattered health
and to minimize the extent of disability. “I” was on special diet since that
date and has been spending a sum of Rs.200/- per day on this account. I state
that the treatment is likely to continue for a period uncertain. I further state
that with passage of time MY condition would deteriorate further, the cost of
medication, physiotherapy, conveyance, domestic help and attendant which
presently is Rs.4,000/- per month. Would increase substantially on year to
year basis.

(8). I STAE THAT I possessed good health before the accident. IAM looking after the
entire home affairs besides MY carrier, but due to the accidental injuries all
the future prospectus and MY life have been battered and shattered. I AM A
COMMERCIAL TEACHER AND earning ABOUT RS 8,000/- 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.

(9). I STATE That I AM Not Been Able To Work/Study Since The Date Of Accident And Still
Advised Rest And Will Not Able To Work For UNDEFINED PERIOD. I AM SUFFERED
DISABILITY, AND UNABLE TO GO TO ATTEND MY WORK AND THIS IS GOING
TO MAKE GREAT LOSSES TO MY BUSINESS AS I AM FAILED TO FULFIL MY
AGREEMNTS AND CONTRACTS AND ALSO DEMOLISHED MY PROFFESSIONAL
STANDINGS ALSO WILL SUFFERS FUTURE INCOME LOSSES THE SAME IS
CAUSING ME GREAT MENTAL TORTURE AND LOSSES OF FUTURE INCOME.
 ~3~
THERE ARE SCARS ON MY FACE and on various part of body SO loss of future MUST
BE AWARDED TO ME.

(10). I claimed the compensation for RS.3,00,000/- (RUPEES THREE LACS ONLY.), which is
just and reasonable as per the injuries sustained by ME.

(11).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.

(12).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.

(13).That IAM entitled to get amount of compensation for pain, loss of enjoyment of
life, loss of impairment of bodily integrity, pain and suffering, nervous shock,
loss of pleasure of amenities of life, shortening of life, disfigurement,
discomfort and inconvenience also besides other compensation.

(14). That Deponent relied upon the following documents which are exhibited: ----

A. Certified/Attested copy of F.I.R,CHARGE SHEET, MLC of the Petitioner, SITE

PLAN, Mechanical Inspection Report/ criminal record .
B. BILLS OF TREATMENT, MEDICENCES OF PETITIONER (colly)
C. TREATMENT RECORD & HOSPITAL RECORD OF PETITIONER (colly)
D. VOTER “I” CARD OF THE PETITIONER.
DEPONENT

Verified at Delhi on this 7 day of JULY 2011 that the contents of above affidavit are true and
correct to my knowledge and nothing material has been concealed there from.

DEPONENT