IN THE COURT OF MS RAVINDER BEDI, JUDGE MACT,DELHI

IN REF-

MASTER MONU KUMAR ( Being Minor Through His Father / NG)

V/S
MOHD. IMTEYAZ AND ORS

DOH 5/08/14

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER WITNESS

RAJESH PARSAD

I RAJESH PARSAD S/O SH. JAGDEV PARSAD AGED 35 YRS R/O HOUSE
NO.506, GALI NO-7, SHANKAR VIHAR, KHODA COLONY, INDRAPURAM,
GHAZIABAD,UP ALSO AT RC-478, SHANKAR VIHAR ,GZB UP do hereby
solemnly affirms and declare as under: --

1 That Deponent is father of claimant/ injured in the above noted matter and is
victim in FIR NO. 523/13 PS.NEW ASHOK NAGAR. Deponent is well conversant
with the facts and circumstances of the case and am competent to swear this
affidavit . That content of DAR may kindly be read as part and parcel of this
affidavit. Affidavit is exhibit PW1/A.

2- THAT 19/10/2013 WAS AN UNFORTUNATE DAY IN THE LIFE OF MASTER MONU

KUMAR.THE TIME AROUND 12:45 P.M. IN THE AFTERNOON WHEN INJURED MONU
KUMAR PARSAD WAS GOING ON BYCYCLE ALONG WITH HIS ELDER BROTHER
MASTER SONU KUMAR AT A SLOW SPEED ON THE CORRECT SIDE OF THE ROAD
QUIT CAUTIOUSLY WHEN THEY REACHED IN FRONT OF C.R.P.F CAMP,MAYUR
VIHAR-III,NEW ASHOK NAGAR,DELHI,SUDDENLY A GRAMIN SEWA NO. DL-2W-3879,
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 FROM BEHIND
AND HIT BYCYCLE OF INJURED AS A RESULT MONU ALONGWITH SONU FELL ON
THE ROAD AND SUSTAINED INJURIES AND HE WAS IMMEDIATELY TAKEN TO THE
L.B.S HOSPITAL,NEW DELHI .A CASE OF INJURIES DUE TO RASH AND NEGLIGENT
DRIVING REGISTERED AGAINST GRAMIN SEWA DRIVER (MOHD. IMTEYAZ) AT NEW
ASHOK NAGAR POLICE STATION U/S 279/337/304-A I.P.C ,F.I.R NO.
523/13.ACCIDENT TOOK PLACE DUE TO THE RASH AND NEGLIGENT AND
RASHNESS DRIVING OF OFFENDING VEHICLE NO. DL-2W-3879, DRIVEN BY
RESPONDENT NO.1 RESPONDENTS JOINTLY AND SEVERALLY LIABLE FOR
WRONGFUL ACT I.E. COMMITTING OF ACCIDENT RASHLY AND NEGLIGENTLY BY
RESPONDENT NO.1 RESULTING INTO INJURY OF MASTER MONU KUMAR.
DOCTRINE OF RES ISPA LOCUTER APPLIES. DAR ARE EXHIBIT PW1/1
ALREADY ON COURT RECORD.
 2

3. The Injured was immediately admitted in L.B.S Hospital, on 19/10/13 and he was
discharged after treatment and expenditure incurred Rs. 10,000/- .

4.That the petitioner sustained Injuries as per Medical Records enclosed herewith.
EXHIBIT PW1/2 are treatment record of injured .

5 .That the petitioner possessed good health before the accident the petitioner was
student OF 7 class and also helping his father due to this injuries he was unable to
study and work for one month by his own, therefore the entire family is suffering from
the huge financial crisis, but due to the accidental injuries all the future prospectus and
life of the injured/petitioner have been battered and shattered In addition to mental and
physical sufferings..EXHIBIT PW1/3 ID Proof OF INJURED and DEPONENT.

6.The injured/petitioner has spent amount on conveyance amounting to Rs.5,000/-.

injured/petitioner is forced to take high & rich protein diet for early recovery of health
and for this he has to spend extra amount and has incurred expenditure on the same
amounting to Rs.5,000/-.

7.That the petitioner has claimed the compensation for Rs.35,000/- (RUPEES Thirty
five thousand ONLY), alongwith 18 % interest for pain, loss of enjoyment of life, pain
and suffering,discomfort and inconvenience also besides other compensation.

DEPONENT

VERIFICATION
Verified at Delhi on this day of 2014 that the contents of above
affidavit are true and correct to my knowledge and nothing material
has been concealed there from.

DEPONENT
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IN THE COURT OF MS RAVINDER BEDI, JUDGE MACT,DELHI

IN REF-

SMT. VIBHA DEVI &ors V/S MOHD. IMTEYAZ AND ORS

DOH 5/08/14

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER WITNESS

SH. RAJESH PARSAD

I RAJESH PARSAD S/O JAGDEV PARSAD AGED 35 YRS R/O HOUSE NO.506,
GALI NO-7, SHANKAR VIHAR, KHODA COLONY, INDRAPURAM,
GHAZIABAD,UP ALSO AT RC-478, SHANKAR VIHAR ,GZB UP do hereby
solemnly affirms and declare as under: --

1 That Deponent is father of deceased and one of petitioner in the above noted
matter and is victim in FIR NO. 523/13 PS.NEW ASHOK NAGAR. Deponent is well
conversant with the facts and circumstances of the case and am competent to
swear this affidavit . That content of DAR may kindly be read as part and parcel of
this affidavit. Affidavit is exhibit PW1/A. DAR ARE EXHIBIT PW1/1 ALREADY
ON COURT RECORD.

(1). THAT 19/10/2013 WAS AN UNFORTUNATE DAY IN THE LIFE OF LT. MASTER
SONU KUMAR.THE TIME AROUND 12:45 P.M. IN THE AFTERNOON WHEN THE
DECEASED WAS PEDDLING HIS BYCYCLE and HIS YOUNGER BROTHER
MASTER:MONU KUMAR was pillion rider AT A SLOW SPEED ON THE CORRECT SIDE
OF THE ROAD QUIT CAUTIOUSLY WHEN THEY REACHED IN FRONT OF C.R.P.F
CAMP,MAYUR VIHAR-III,NEW ASHOK NAGAR,DELHI,SUDDENLY A GRAMIN SEWA
REG. NO.DL-2W-3879,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 from behind AND hit BYCYCLE OF THE DECEASED AS A RESULT THE
DECEASED FELL ON ROAD AND RESPONDENT NO.1 RAN OVER HIS VEHICLE ON
TO HIM AS A RESULT DECEASED SUSTAINED FATAL-INJURIES AND WAS
IMMEDIATELY TAKEN TO L.B.S HOSPITAL,NEW DELHI WHERE HE DIED IN THE
HOSPITAL. THE POST MORTEM PERFORMED AT L.B.S HOSPITAL MORTUARY
DELHI. A CASE OF DEATH DUE TO RASH AND NEGLIGENT DRIVING REGISTERED
AGAINST GRAMIN SEWA DRIVER (MOHD. IMTEYAZ) AT NEW ASHOK NAGAR POLICE
STATION U/S 279/337/304-A I.P.C ,F.I.R NO. 523/13.THE ACCIDENT TOOK PLACE
DUE TO RASH AND NEGLIGENT AND RASHNESS DRIVING OF OFFENDING VEHICLE
NO. DL-2W-3879, BEING DRIVEN BY RESPONDENT NO.1 RESPONDENTS JOINTLY
AND SEVERALLY LIABLE FOR WRONGFUL ACT I.E. COMMITTING OF ACCIDENT
 4
RASHLY AND NEGLIGENTLY BY RESPONDENT NO.1 RESULTING INTO TRAGIC AND
UN-TIMELY DEATH OF Deceased. DOCTRINE OF RES ISPA LOCUTER APPLIES.

(2). That the deceased at the time of the accident was hale and healthy and was aged
about 15 years 6 months and HAVE very good build up body and could have led natural
life up to the age of 90 years if HE had not died in the said accident. He could have lived
up to 90 years as there is a longevity life in the family of the deceased. RATION CARD
AND VOTER ID CARD OF PETITIONERS IS EXHIBIT PW1/2 AND SCHOOL ID
CARD OF DECEASED EXHIBIT PW1/3 , EDUCATION DOCUMENTS OF
DECEASED EXHIBIT PW1/4
DEATH CERTIFICATE OF DECEASED EXHIBIT PW1/5 , RECEIPT OF DEATH
BODY EXHIBIT PW1/6
(3).The DECEASED possessed good health before the accident. The DECEASED
was studying in 10th class at GOVT.SECONDARY SCHOOL,MAYUR VIHAR-
III,DELHI-96.was very educated and intelligent. the monthly income of deceased
may be considered as per minimum wages of a matriculate on the date of accident
as per law of land The deceased being a elder son would be contributing in the
family income and earnings if he had not died in this accident . The future
income/employment opportunities of deceased was very-very wide he was “golden
lining” personality. The petitioners lost all future incentives in their life.
The deceased carries a very impressive signature among the class mates. A
handsome good looking, vibrant, personality in the society. He was always very
particular about his parent’s future and health. Now the un-timely death of their
loving son, the petitioner’s are very depressed and formally cut-off from the rest of
the world, the pain they are suffering can’t be define in the words. This accident
cheat stole their golden moments of life. Mental agony and social seclusion of the
petitioners are affected, the mental frame of the Claimants has been shattered and
the same cannot be restored. This tragic incident is virus to their life. They are
VICTIMs OF A “SPEED MANIAC” who turned their beautiful life and future into a
mess. Deceased had very brilliant academic carrier He was a meritorious student.
(4). That the deceased was a boy of simple habits. He was not addicted to any Vice.
There is nobody to look after petitioners after the death of deceased. The
Petitioners are parents of the deceased .
(5). The losses suffered by the Petitioners cannot be measured in terms of money
alone. Petitioners also suffered the prospective PRECUNIARY LOSSES and
EXPECTATIONS OF LIFE. The death of deceased has resulted a whole darkness
in the entire family, which cannot be compensated in any way and we are always
missing HIM. That loss of deceased can never be eliminated or ameliorated
completely. The PETITIONERS may be awarded not only PRECUNIARY
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LOSSES, which is the actual loss of income that they suffered, but also NON-
PRECUNIARY LOSSES on account of loss of HAPPINESS, PAIN,
SUFFERINGS, AND EXPECTANCY OF LIFE. The Losses Suffered By The
Petitioners Cannot Be Measured In Terms Of Money.
Petitioner claimed the compensation of Rs.15,00,000/-(Rs fifteen lakhs only)
along with interest @18% p.a. from the date of the accident till date of
payment.

DEPONENT

VERIFICATION
Verified at Delhi on this day of 2014 that the contents of above
affidavit are true and correct to my knowledge and nothing material
has been concealed there from.

DEPONENT

ANNEXTURE “A”

(1). THAT 19/10/2013 WAS AN UNFORTUNATE DAY IN THE LIFE

OF MASTER MONU KUMAR.THE TIME AROUND 12:45 P.M. IN
THE AFTERNOON WHEN THE PETITONER MASTER MONU
 6
KUMAR,S/O SH. RAJESH PARSAD WAS TRAVELLING ON
BYCYCLE ALONG WITH HIS ELDER BROTHER MASTER:SONU
KUMAR AT A SLOW SPEED ON THE CORRECT SIDE OF THE
ROAD QUIT CAUTIOUSLY WHEN THEY REACHED IN FRONT OF
C.R.P.F CAMP,MAYUR VIHAR-III,NEW ASHOK
NAGAR,DELHI,SUDDENLY A GRAMIN SEWA BEARING REG.
NO.DL-2W-3879,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 BYCYCLE OF THE DECEASED AS A
RESULT THE PETITONER FELL ON THE ROAD AND SUSTAINED
INJURIES AND HE WAS IMMEDIATELY TAKEN TO THE L.B.S
HOSPITAL,NEW DELHI .A CASE OF INJURIES DUE TO RASH
AND NEGLIGENT DRIVING HAS BEEN REGISTERED AGAINST
THE GRAMIN SEWA DRIVER (MOHD. IMTEYAZ) AT NEW ASHOK
NAGAR POLICE STATION U/S 279/337/304-A I.P.C ,F.I.R
NO. 523/13.THE ACCIDENT TOOK PLACE DUE TO THE RASH
AND NEGLIGENT AND RASHNESS DRIVING OF THE OFFENDING
VEHICLE BEARING REG. NO. DL-2W-3879, BEING DRIVEN BY
THE RESPONDENT NO.1, THE RESPONDENT NO.2 BEING THE
OWNER OF THE OFFENDING VEHICLE AND THE RESPONDENT
NO. 3 BEING THE INSURER OF THE OFFENDING VEHICLE
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 MASTER MONU KUMAR. DOCTRINE OF RES ISPA
LOCUTER APPLIES.

(2). That The petitioner was immediately taken to the

L.B.S HOSPITAL ON 19/10/2013.

(3). THE PETITIONER SUSTAINED SERIOUS INJURIES AS PER

MEDICAL RECORDS.

(4). THAT the Petitioner possessed good health before

the accident. ACADEMIC CARRIER:-- PETIONER has a
very brilliant academic carrier. He is a meritorious
student; The accident has totally curtailed HIS
working capacity and therefore the entire family is
 7
suffering from huge financial crisis. In addition to
mental and physical sufferings.

(5). That the Petitioner has claimed the compensation for

(1):THE COMPENSATION FOR LOSS OF STUDIES DURING THE
PERIOD OF TREATMENT BE AWRDED, (2)::;THE
COMPENSSATION FOR FUTURE TREATMENT BE AWARDED.
(3);;;;THE COMPENSATION FOR PAIN ANS SUFFERING BE
AWARDED.(4)THECOMPENSATION FOR LOSS OF AMENITIES OF
LIFE BE AWARDED.(5).THE COMPENSATION FOR EXPENDITURE
ON TREATMENT,SPECIAL DIET,AND CONVEYANCE.(6):;::THE
COMPENSATION FOR LOSS ON ACCOUNT OF FATHER’S LEAVE
BE AWARDED.(7) COST OF THE PETITION AND COUNSEL FESS
MUST BE AWRDED,CONCLUSION THE TOTAL COPENSATION
AMOUNTS TO (RS.2,00,000/- (RUPEES TWO LACS ONLY.),
WHICH IS JUST AND REASONABLE AS PER THE INJURIES
SUSTAINED BY THE PETITIONER.

(6).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.

(7).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.
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PETITIONER
DELHI THROUGH COUNSEL

(POOJA GOEL AND ASSOCIATES)

CHAMBER NO. D-227,
KARKARDOMA COURTS,
DELHI