Late Ashish and For Pan Drive

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.
(2). 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 RASHLY AND NEGLIGENTLY BY RESPONDENT NO.1 RESULTING INTO
TRAGIC AND UN-TIMELY DEATH OF Deceased. DOCTRINE OF RES ISPA LOCUTER
APPLIES.
(3). 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, 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
(4).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.
(5). 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 .
(6). 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 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
IN REF-
MASTER YASH@ YATENDER CHAUHAN
(through father / NG Sh. Prem Nath )
V/S
SH. SHAMBHU@ SARIMLAGAM & ORS. DOH 29/10/14
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

WITNESS PREM NATH
I Prem Nath S/0 Sh. Ram Surat AGED 33 yrs R/O H.NO. 20/9,
kalyanpuri Block-20, DELHI.91 do hereby solemnly affirms and declare
as under: --
1 That Deponent is natural guardian / father of 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 That on Statement of Father of Deponent FIR NO. 1/13 PS. Kalyan Puri
was recorded. That content of DAR may kindly be read as part and parcel of this affidavit.
Affidavit is exhibit PW2/A. DAR ARE EXHIBIT PW1/1 ALREADY ON COURT RECORD
2 That on 01/01/2013 at about 10.10 a.m. in the Morning, when the petitioner MASTER
YASH@ YATENDER S/O SH PERM NATH WAS STANDING AT HIS HOUSE NO 20/9
quiet cautiously by looking around on the correct side following rules suddenly a Ritz CAR.
DL-1CL-8819 being driven by Respondent no.1 rashly and negligently at a very high speed
in a zig zag manner without following the traffic rules came from LBS hospital side
TOWARD HIS HOUSE and hit the petitioner. As a result petitioner sustained serious and
grievous injuries on HIS LEG immediately taken to the LBS Hospital, in pathetic condition
and a criminal case has been registered in Police Station KALYAN PURI U/s 279/338
IPC, FIR no. 1/13, the respondent no.1 was driving the offending Vehicle at a high speed,
rashly and negligently without following the traffic rules, respondents are jointly and
severally liable for the wrongful Act i.e. committing of accident rashly and negligently by
the respondent no.1 resulting into the Amputation of right leg of Petitioner Doctrine of Res
IPSA locuter applies. EXHIBIT PW2/1 Original Medical bills colly sheets, exhibit
PW2/2 Original TREATMENT RECORD AND DISCHARGE SUMMARY.
3 The Petitioner was immediately taken to the LBS Hospital on 1/01/13 and HIS
CONDITION WAS VERY CRITICAL AND SHIFTED ON Ram kundan lal hospital on 1.1.13
to dischared on 21.1.13 after treatment and then taken to Lok Nayak hospital for further
treatment on 28/4/13 and discharged on 4/05/13 from the hospital after giving special
advise of complete bed rest, thereafter Petitioner took treatment with different hospitals and
the Petitioner was again admitted at Lok Nayak Hospital on 22/07/13 and discharged on
3/08/13 , petitioner is still under treatment of the Hospital and expenditure incurred Rs.
500,000/- and still much more is going to spending on him. The medical bills and treatment
record of different hospitals may be considered.
4 That the petitioner sustained serious and grievous injury as per the Medical Records
crush injury to right ankle and foot lower leg degloving injury left thigh and leg injury lower
end and femur and Amputation of leg and urethral structure problem other injuries as per
Medical Record. EXHIBIT PW2/3 is Disability certificate of petitioner, EXHIBIT PW2/4
school ID card , EXHIBIT PW2/5 IS RATION CARD, EXHIBIT PW2/6 photograph of
injury,
5 That the injured/petitioner is still under the regular treatment of Hospital. He is bed ridden
and has been advised for further regular check up and complete bed rest. The petitioner
has already spent a sum of Rs. 5,00,000/- on his treatment and the petitioner is still under
the treatment of the hospital and is suppose to make payment in respect of tests, medicine
etc. That the petitioner possessed good health before the accident, petitioner was student
and accident has runnied his carrier and suffered loss of studies and professional carrier
and loss of entire income He could have become CA or CS or can do business but
accident made him permanently disabled accident has totally curtailed his working
capacity and due to this serious injuries he is unable to handle his work, 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.
6 The injured/petitioner has already spent huge amount on conveyance amounting to
Rs.50,000/-. The injured/petitioner is forced to take high & rich protein diet for early
recovery of health and for this she has to spend extra amount and has incurred
expenditure on the same amounting to Rs.25,000/-. The life expectancy has been
considerably reduced due to the injuries sustained in the accident . The petitioner has
engaged an Attendant to look after him for help his daily chores and he paid salary of Rs.
6000/- p.m. The petitioner is not able to lead his normal life as a child or run or play as
normal child through out his life.
7 That the petitioner has claimed the compensation for Rs.50,00,000/- (RUPEES fifty lakhs
ONLY)due to the injuries sustained in the accident alongwith interest 18% p.a. from the date of
the accident till date payment Respondents are jointly and severally liable being Driver, owner
and insurance of the offending vehicle. The injured/petitioner is 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
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
IN REF-
SMT. SNEH LATA V/S ASHOK KUMAR & ORS.
DOH 16/08/14

WITNESS SNEH LATA
I SNEH LATA W/O SH. MEHESH RAJPOOT aged 32 yrs R/O

H.NO. 11 1ST FLOOR NILAM VIHAR KAUSHAMBI GHAZIABAD U.P Also
at 72,subhash nagar, Gwalior, M.P.-474003 do hereby solemnly affirms and
declare as under: --
1 That Deponent is Petitioner in the above noted matter and Deponent is Complainant
in FIR NO. 274/12.PS.Kalyan Puri and the Eye Witness. Deponent is well conversant with
the facts and circumstances of the case and am competent to swear this affidavit That on
Statement of husband of Deponent FIR NO. 274/12 PS. Kalyan Puri was recorded. 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
2 That on 15/08/12 at about 6.45 p.m. in the EVENING, when the petitioner MRS SNEH
LATA RAJPOOT W/O SH. MEHESH RAJPOOT was TARAVELING With her husband on
motocycle bearing no M.P 07-KD-7381 from her home towards pandav nagar at a moderate
speed on the correct side quite cautiously following the rules of road quite cautiously. When
the Petitioner reached at opposite cng petrol pump ,NH -24 gazipur fly over ,khichripur
delhi, suddenly a mini bus bearing Reg. No. DL-1VA-2852, being driven by Respondent
no.1/Driver rashly and negligently in a very high speed without following the rules of road in
a zig zag manner, came from behind and hit the Petitioner . As a result Petitioner sustained
serious and Grievous Injury and immediately taken to the MAX hospital in a Pathetic
Condition and a criminal case has been registered in Police Station kalyanpuri , Delhi , U/s
279/337 IPC, FIR No. 274/12, the respondent no.1 driving the offending mini bus Bearing
No. DL-1VA-2852 at a high speed, rashly and negligently without following the traffic rules,
respondents jointly and severally liable for the wrongful Act i.e. committing of accident rashly
and negligently by the respondent no.1 resulting into the grievous Injuries of petitioner.
Doctrine of Res locuter applies.
3. That the Petitioner immediately admitted to the MAX hospital Delhi on 15/08/2012,and
discharge on dated 26-08 12 however the injuries was grievous in nature and discharged
after giving special advice of complete Bed Rest and again admitted on various dates
expenditure incurred Rs. 200,000/- and still much more is going to spending on her.The
medical record and bills record may be read as part and parcel of this petition. EXHIBIT
PW1/2 Original Medical bills colly sheets, exhibit PW1/3 Original TREATMENT
RECORD AND DISCHARGE SUMMARY.
4. That the petitioner sustained crush injury right upper limb with frature both bone
forearm. Crusing of hand with multiple fracture ribs with haemothorax with multiple injury
and other injuries as per Medical records.
5. That the injured/petitioner is still under the regular treatment of Hospital, Delhi. She was
bed ridden and has been advised for further regular check up and complete bed rest. The
petitioner has already spent a sum of Rs. 200,000/- on his treatment and the petitioner is
still under the treatment of the hospital and is suppose to make payment in respect of
tests, medicine etc. EXHIBIT PW1/4 is salary loss certificate of husband of petitioner,
EXHIBIT PW1/5 Voter ID card , EXHIBIT PW1/6 IS Education documents of
petitioner.
6. That the petitioner possessed good health before the accident the petitioner was
running a Boutioque at home and her earning was Rs. 10,000/- p.m. and the accident
has totally curtailed his working capacity and due to this serious injuries she is unable to
handle her works and for house hold work also she is not able to do household .
Petitioner was managing her profession as well as home and children but after accident
she is not able to do any work therefore the entire family is suffering from the huge
financial crisis, but due to the accidental injuries all future prospectus and life of injured /
petitioner been battered and shattered In addition to mental and physical sufferings.
7. The injured/petitioner has already spent huge amount on conveyance amounting to Rs.
25,000/-. That the petitioner has engaged an Attendant to look after him for help him of her
daily chores and she paid salary of Rs. 7,000/- p.m. The 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. 25,000/-. The life
expectancy has been considerably reduced due to the injuries sustained in the accident.
That the petitioner has claimed the compensation for Rs.10,00,000/- (RUPEES ten LACS
ONLY) alongwith interest 18% p.a. from the date of the accident till date payment
Respondents are liable to pay 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.
DEPONENT
VERIFICATION
from.
DEPONENT
IN THE COURT OF MS.RAVINDER BEDI,JUDGE MACT,DELHI.
IN REF: -
SMT.SAVITA HALDAR PETITIONER.
VERSUS
SH: ABHISHEK KUMAR &OTHER’S RESPONDENTS.
DOH- 18/7/14

WITNESS SAVITA HALDAR
I, SAVITA HALDAR,W/O SH. ANEMEESH HALDAR, AGED ABOUT-35 YEARS

R/O HOUSE NO-J-92,LAXMI NAGAR,DELHI-92.Do hereby solemnly affirm and
declare as under:
1. That Deponent is Petitioner in the above noted matter and Deponent is Complainant in
FIR NO. 923/13.PS.Shakarpur and the Eye Witness. Deponent is well conversant with the
facts and circumstances of the case and am competent to swear this affidavit That on
Statement of Deponent FIR NO. 923/13 PS. Shakarpur was recorded. 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
2 I SAY THAT 26/09/13 WAS AN UNFORTUNATE DAY IN MY LIFE, AROUND 09.30 P.M. IN
NIGHT WHEN I was RETURNING TO MY RESIDENCE AFTER FINISHING MY DAILY WORK
SCHEDULE from Shakarpur Towards Laxmi Nagar ON CORRECT SIDE OF ROAD QUITE
CAUTIOUSLY NEAR BOBBY TIKKI WALA,LAXMI NAGAR,DELHI,SUDDENLY A
MOTORCYCLE BEARING REG NO.UP-14BR-8053, DRIVEN BY RESPONDENT
NO.1(ABHISHEK KUMAR) 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 Laxmi Nagar Metro Station Side and HIT ME
AS A RESULT I SUSTAINED SERIOUS AND GRIEVOUS INJURIES AND IMMEDIATELY
TAKEN TO L.B.S HOSPITAL IN PATHETIC CONDITION. THE DRIVER OF THE OFFENDING
MOTORCYCLE WAS ARRESTED BY THE POLICE AND A CASE OF RASH AND NEGLIGENT
DRIVING REGISTERED AGAINST DRIVER AT SHAKARPUR PS U/S 279/338 I.P.C ,F.I.R NO.
923/13 RESPONDENT NO.1 WAS DRIVING MOTORCYCLE UP-14BR-8053 AT A HIGH
SPEED RASHLY AND NEGLIGENTLY RESPONDENTS JOINTLY AND SEVERALLY LIABLE
FOR THE WRONGFUL ACT I.E. COMMITTING OF ACCIDENT RASHLY AND NEGLIGENTLY
BY RESPONDENT NO.1 RESULTING INTO Grevious INJURIES. DOCTRINE OF RES ISPA
LOCUTER APPLIES.
(3). I SAY That I SUSTAINED SERIOUS CRITICAL INJURIES AS PER MEDICAL RECORDS
FRACTURE OF TIBIA FIBULA OF RIGHT LEG+FRACTURE OF DISTAL RADIUS OF
RIGHT HAND). I REMAINED AS A INDOOR PATIENT IN L.B.S HOSPITAL FROM 26/9/13
UPTO 11/10/13, MY OPERATION WAS DONE ON 30/09/13. Thereafter I ATTENDED
SEVERAL O.P.D’S AT L.B.S HOSPITAL I HAD SPENT ABOUT 15,000/- RUPEES ON MY
TREATMENT AND IT IS STILL GOING ON. EXHIBIT PW1/2 Original Medical bills
colly sheets, exhibit PW1/3 Original TREATMENT RECORD AND DISCHARGE
SUMMARY. EXHIBIT PW1/4 Voter ID card
(4). I SAY THAT I possessed good health before the accident. I was WORKING AS A
COOK AND EARNING RS.10,000/- P.M.I SAY THAT I AM permanent disabled due
to injuries faced during this accident and suffered my future career. The accident has
totally curtailed my working capacity and therefore MY entire family is suffering from
huge financial crisis.I AM fighting a brutal combat with life. Celebrations FROM MY
life are over. This accident cheat stole MY 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 I HAVE to relocate MY SELF
FOR future life. all ruined up due to a “SPPED-MANIAC”.
(5).The injured/petitioner has already spent huge amount on conveyance amounting to Rs.
15,000/-. That the petitioner has engaged an Attendant to look after him for help him of her
daily chores and she paid salary of Rs. 5,000/- p.m. The 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. 20,000/-. The life
That the petitioner has claimed the compensation for Rs.10,00,000/- (RUPEES ten LACS
DEPONENT
VERIFICATION
DEPONENT
IN THE COURT OF SH. ARVIND KUMAR ,JUDGE MACT,DELHI.
IN REF: -
RAMBIR SINGH VERSUS SHAHID & OTHER’S
DOH-3/ 7/14

WITNESS RAM BIR SINGH
I, RAMBIR SINGH S/O SH.RAJ SINGH R/O H.NO.A-133/4, SHIV MANDIR MARG,
MANDAWALI,DELHI-92.Do hereby solemnly affirm and declare as under:
1. That Deponent is Petitioner in the above noted matter and Deponent is Complainant in FIR
NO. 586/13.PS.MADHU VIHAR and the Eye Witness. 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.
2 THAT 08/10/2013 WAS AN UNFORTUNATE DAY IN THE LIFE OF Deponent AROUND 03:45 A.M.
IN EARLY MORNING WHEN PETITIONER WAS TRAVELLING IN HIS TANKER/TRUCK BEARING
REG. NO.HR38A-0209 ALONGWITH HIS DRIVER SH. BUNTY WHO WAS DRIVING THE TANKER
AT A VERY MODERATE SPEED ON THE CORRECT SIDE OF THE ROAD QUIT CAUTIOUSLY
AND WHEN THEY REACHED AT KHICHRIPUR PULLIA NEAR SHANI MANDIR,MADHU
VIHAR,DELHI,SUDDENLY A TRUCK BEARING REG. NO.HR-63B-1429,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 TANKER AS A RESULT
OF IMPACT TANKER TURNED TURTLE AND PETITIONER SUSTAINED SERIOUS AND
GRIEVOUS INJURIES AND HE WAS IMMEDIATELY TAKEN TO THE L.B.S HOSPITAL,NEW
DELHI IN A PATHETIC CONDITION. A CASE OF INJURIES DUE TO RASH AND NEGLIGENT
DRIVING REGISTERED AGAINST TRUCK DRIVER (SHAHID) AT MADHU VIHAR POLICE
STATION U/S 279/338 I.P.C ,F.I.R NO. 586/13.THE ACCIDENT TOOK PLACE DUE TO THE RASH
AND NEGLIGENT AND RASHNESS DRIVING OF OFFENDING TRUCK NO. HR-63B-1429,
RESPONDENTS JOINTLY AND SEVERALLY LIABLE FORWRONGFUL ACT I.E. COMMITTING OF
ACCIDENT RASHLY AND NEGLIGENTLY BY RESPONDENT NO.1 RESULTING INTO SERIOUS
INJURIES TO THE PETITIONER.DOCTRINE OF RES ISPA LOCUTER APPLIES.
(3). That The petitioner was immediately taken to the L.B.S HOSPITAL,NEW DELHI on
8/10/2013 BUT HIS SITUATION WAS VERY CRITICAL SO HE WAS SHIFTED TO MAX
BALAJI HOSPITAL FOR BETTER CARE ON 08/10/13 AND DISCHARGED ON 12/10/13.
BUT AGAIN ADMITTED IN MAX BALAJI HOSPITAL FOR SURGERY ON 17/10/13..HE
WAS DISCHARGED ON 22/10/2013_.After The DISCHARGED FROM The Hospital He
ATTENDED SEVERAL O.P.D’S AT HOSPITAL .
(4). THE PETITIONER SUSTAINED SERIOUS CRITICAL INJURIES SUCH AS CONCUSSIVE HEAD
INJURY WITH NOSAL BONE FRACTURE WITH SEVERAL FACIAL INJURIES.MULTIPLE
FRACTURES ON ANTERIOR,MEDIAL AND POSTERO WALL OF RIGHT MAXILLARY
SINES,POSTEROLATERAL WALL OF LEFT MAXILLARY SNIUS,CALVARIUM OF RIGHT FRONTO
TEMPORAL REGION,HEMORRHAGIC CONTUSIONS ON RIGHT TEMPORAL REGION WITH
SUB-DURAL HEMATOMA AND SUB-ACCUTE HEMATOMA ALONG RIGHT FRONTO PARITEAL
SULCI-SEURE FACIAL FRACTURES ON LEFT MAXILLA AND RIGHT NOSAL BONE.(INJURIES
AS PER MEDICAL RECORDS).
(5).The Petitioner possessed good health before the accident. Petitioner was running a Dairy
business / milk products at M/s SHAKTI DAIRY,MANDAWALI,DELHI and earning about
40,000/-P.M. 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
(6).That the Petitioner had incurred expenses on conveyance etc. amounting to Rs.25,000/-
That the Petitioner had also to engage an attendant to help him in his daily chores and had to
give salary to attendant for six months @ Rs.8,000/- per month. That the Petitioner had to
take extra nutritious diet and has incurred expenditure on the same amounting to Rs.25,000/-
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.
(7). That the petitioner has claimed the compensation for Rs.10,00,000/- (RUPEES ten LACS
amenities of life, shortening of life, disfigurement, discomfort and inconvenience also besides
other compensation.
8 That the Deponent relied upon the following documents which are exhibited in my statement:
A. Certified/Attested copy of DAR/criminal record.

B. IDENTITIY Card of the Petitioner.
C. ORIGINAL MEDICAL BILLS OF DEPONENT
D. ORIGINAL TREATMENT RECORD OF DEPONENT
E. INCOME TAX RETURNS OF THE PETITIONER.
DEPONENT
VERIFICATION
DEPONENT
IN THE COURT OF MS.RAVINDER BEDI,JUDGE MACT,DELHI.
IN REF: -
SH.GAURI SHANKAR PETITIONER.
VERSUS
SH: AMIT SHARMA &OTHER’S RESPONDENTS.
DOH-9/7/14
I, SH. GAURI SHANKAR S/O SH. MADAN MANDAL, AGED ABOUT-28 YEARS
R/O HOUSE NO-328/6,A BLOCK,RISHI NAGAR,RANI BAGH DELHI-
91.PRESENTLY AT- HOUSE NO-B-16GHAROLI DAIRY FARM,DELHI 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. Affidavit is exhibit PW1/A. DAR ARE EXHIBIT PW1/1
ALREADY ON COURT RECORD
(2) I SAY THAT 24/06/13 WAS AN UNFORTUNATE DAY IN MY LIFE, TIME

AROUND 09.00 P.M. IN THE NIGHT WHEN I AM TRAVELLING IN T.S.R
BEARING REG. NO.DL-1RF-4149 ALONGWITH MY UNCLES NAMES SH.
PRITHVI SHARMA@RAJU AND JAGAT NARAYAN ON THE CORRECT SIDE OF
THE ROAD QUITE CAUTIOUSLY GOING TOWARDS NOIDA FROM GHAROLI
DAIRY FARM AND WHEN WE REACHED SHANI BAZAAR ROAD NEAR
VARDHMAN PLAZA MARKET,NEW KONDLI,DELHI,SUDDENLY A CAR BEARING
REG NO. CH-04J-5904, BEING DRIVEN BY RESPONDENT NO.1(ANIL SHARMA)
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 OUR T.S.R
AS A RESULT THE I SUSTAINED SERIOUS AND GRIEVOUS INJURIES AND I
AM IMMEDIATELY TAKEN TO THE L.B.S HOSPITAL,NEW DELHI IN A PATHETIC
CONDITION..MY UNCLE SH. PRITHVI SHARMA@RAJU ALSO GOT INJURED IN
THE SAID ACCIDENT.
(3) I SAY THAT THE DRIVER OF THE OFFENDING CAR WAS ARRESTED BY
THE POLICE AND A CASE OF RASH AND NEGLIGENT DRIVING HAS BEEN
REGISTERED AGAINST THE CAR DRIVER (AMIT SHARMA) AT NEW ASHOK
NAGAR POLICE STATION U/S 279/338 I.P.C F.I.R NO. 289/13 DATED-26/6/13.
(4) I SAY THAT THE RESPONDENT NO.1 WAS DRIVING THE CAR BEARING
REG.NO. CH-04J-5904 AT A HIGH SPEED RASHLY AND NEGLIGENTLY, THE
RESPONDENT NO.2 BEING THE OWNER OF THE OFFENDING CAR AND THE
RESPONDENT NO. 3 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. DOCTRINE OF RES ISPA
LOCUTER APPLIES.
5 I SAY That I SUSTAINED SERIOUS CRITICAL INJURIES AS PER MEDICAL

RECORDS (SHAFT OF FEMUR LEFT LEG).I SAY THAT I HAD ATTENDED O.P.D’S AT
L.B.S HOSPITAL ON FOLLOWING DATES: 05/07/13 == 08/07/13 == 22/07/13 ==
29/07/13 == 05/08/13 == 01/07/13==.BUT I HAVE SHIFTED TO GOSWAMI MEDICAL
CENTRE,DELHI ON 06/08/13 FOR BETTER TREATMENT AND REMAINED THEIR AS A
INDOOR PATIENT UPTO 09/08/13. IAM OPERATED FOR MY INJURIES AT GOSWAMI
MEDICAL CENTRE.I HAD SPENT ABOUT 75,000/- RUPEES ON MY TREATMENT AND
IT IS STILL GOING ON. EXHIBIT PW1/2 Original Medical bills colly sheets, exhibit
6 I SAY THAT I possessed good health before the accident.

I SAY THAT I WAS WORKING AS A COMMERCIAL DRIVER AND EARNING
RS.10,000/- AS SALARY.I SAY THAT I AM permanent disabled due to injuries faced
during this accident and suffered his future career. The accident has totally curtailed
MY working capacity and therefore MY entire family is suffering from huge financial
crisis. In addition to mental and physical sufferings. I SAY THAT “SILVER LINING” of
MY life is lost due to this said accident. I lost all future incentives in MY life. I AM very
depressed and formally cut-off from the rest of the world, the pain I AM 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. I AM fighting a brutal combat with life.
Celebrations FROM MY life are over. This accident cheat stole MY 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 I
HAVE to relocate MY SELF FOR future life. I AM physically impaired. These injuries
are virus to MY life. I AM VICTIM OF A “SPEED MANIAC “who turned MY beautiful life
and great carrier into a mess. FROM last FEW years, I am nourishing my carrier to
excel in working but all ruined up due to a “SPPED-MANIAC”. EXHIBIT PW1/4 Driving
Licence of deponent , EXHIBIT PW1/5 Voter I card of Deponent, EXHIBIT PW1/6
Photographs of injury of deponent.
7). I SAY That the I had incurred expenses on conveyance etc. amounting to
Rs.15,000/- BECAUSE I AM HOSPITALIZED ON SEVERAL OCCASIONS FOR
TREATMENT OF INJURIES SUFFERED IN THE ROAD ACCIDENT. I say That I had
also engage an attendant to help me in my daily chores and I had to give salary to
attendant for lifetime @ Rs.3,000/- per month. I SAY That I had to take extra nutritious
diet and I have incurred expenditure on the same amounting to Rs.20,000/- .my 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.
(8).I say that I HAVE claimed the compensation for (1):THE COMPENSATION
FOR LOSS OF EARNING CAPACITY DUE TO PERMANENT DISABILITY BE
AWARDES (2)::THE COMPENSATION FOR LOSS OF WORKING/INCOME DURING
THE PERIOD OF TREATMENT BE AWARDED, (3)::;THE COMPENSSATION 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 LOSS OF
MATRIMONIAL PROSPECTS BE AWARDED.(7).THE COMPENSATION FOR
EXPENDITURE ON TREATMENT,SPECIAL DIET,AND CONVEYANCE.(8):;::THE
COMPENSATION FOR ATTENDEANT SALARY.(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.
And Incidental Expenses along with interest @18% Per Annum From The
Date Of Accident Till The Date Of Payment.
(9). I SAY that although the respondents are jointly and severally liable to pay
the compensation.
DEPONENT
VERIFICATION
DEPONENT
APPLICATION FOR GRANT OF COMPENSATION UNDER THE MOTOR
VEHILCE 1988.
BEFORE THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL

DELHI.
In Re:- SMT. SNEH LATA V/S SH. ASHOK & ORS.
SMT. SNEH LATA W/O SH. MEHESH RAJPOOT
R/O H.NO., 11 1ST FLOOR NILAM VIHAR KAUSHAMBI

GHAZIABAD U.P
Also at 72,subhash nagar, Gwalior, M.P.-474003
PETITIONER
VERSUS
(1) SH ASHOK KUMAR S/O SH. JEET KUMAR
R/O H.NO. 536 CHIRAG , NEW DELHI-17
DRIVER
(2) SH. MAHENDER SINGH S/O SH MOHAN LAL
R/O- H.NO. 659 CHIRAG , DELHI NEW DELHI-17
.
OWNER
(3) THE ORIENTAL INSURANCE CO. LTD.
A-25/27, ASAF ALI ROAD NEW DELHI-110002
INSURANCE COMPANY
RESPODENTS
PETITIONER
DELHI Through
Mrs. Pooja Goel

ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.
BRIEF FACTS IN DAR NO THE DAR NO IN FIR NO

274/12 PS KALYANPURI FILLED BY IO MAY BE TREATED AS MY
PETITION AND BELOW MENTIONED FACTS MAY BE READ AS PART
AND PARCEL OF DAR NO
1. That on 15/08/12 at about 6.45 p.m. in the EVENING, when the petitioner MRS SNEH
LATA RAJPOOT W/O SH. MEHESH RAJPOOT was TARAVELING With her husband on
motocycle bearing no M.P 07-KD-7381 from her home towards pandav nagar at a
moderate speed on the correct side quite cautiously following the rules of road quite
cautiously. When the Petitioner reached at opposite cng petrol pump ,NH -24 gazipur fly
over ,khichripur delhi, suddenly a mini bus bearing Reg. No. DL-1VA-2852, being driven by
Respondent no.1/Driver rashly and negligently in a very high speed without following the
rules of road in a zig zag manner, came from behind and hit the Petitioner . As a result
Petitioner sustained serious and Grievous Injury and immediately taken to the MAX hospital
in a Pathetic Condition and a criminal case has been registered in Police Station
kalyanpuri , Delhi , U/s 279/337 IPC, FIR No. 274/12, the respondent no.1 driving the
offending mini bus Bearing No. DL-1VA-2852 at a high speed, rashly and negligently
without following the traffic rules, respondents jointly and severally liable for the wrongful Act
i.e. committing of accident rashly and negligently by the respondent no.1 resulting into the
grievous Injuries of petitioner. Doctrine of Res locuter applies.
2. That the Petitioner immediately admitted to the MAX hospital Delhi on

15/08/2012,and discharge on dated 26-08 12 however the injuries was grievous in nature
and discharged after giving special advice of complete Bed Rest and again admitted on
various dates expenditure incurred Rs. 200,000/- and still much more is going to spending
on her.The medical record and bills record may be read as part and parcel of this petition.
3. That the petitioner sustained crush injury right upper limb with frature both bone
forearm. Crusing of hand with multiple fracture ribs with haemothorax with multiple injury
and other injuries as per Medical records.
4. That the injured/petitioner is still under the regular treatment of Hospital, Delhi. He
is bed ridden and has been advised for further regular check up and complete bed rest.
The petitioner has already spent a sum of Rs. 200,000/- on his treatment and the
petitioner is still under the treatment of the hospital and is suppose to make payment in
respect of tests, medicine etc.
5. That the petitioner possessed good health before the accident the petitioner was
running a Boutioque at home and her earning was Rs. 10,000/- p.m. and the accident
has totally curtailed his working capacity and due to this serious injuries she is unable to
handle her works and for house hold work also she is not able to do household .
Petitioner was managing her profession as well as home and children but after accident
she is not able
to do any work. 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.
6. The injured/petitioner has already spent huge amount on conveyance amounting

to Rs. 25,000/-. That the petitioner has engaged an Attendant to look after him for help him
of her daily chores and she paid salary of Rs. 7,000/- p.m. The 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. 25,000/-. The
life expectancy has been considerably reduced due to the injuries sustained in the
accident.
7. That the petitioner has claimed the compensation for Rs.10,00,000/- (RUPEES
ten LACS ONLY), which is just and reasonable due to the injuries sustained in the
accident. alongwith interest 18% p.a. from the date of the accident till date
payment.
8. That the Respondent no.1 is liable being driver, Respondent no.2 and respondent
no.3 being the Insurer of the offending vehicle are liable the injured/petitioner is
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
PETITIONER
DELHI
DATED: Through
Mrs. Pooja Goel

ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.
APPLICATION FOR GRANT OF COMPENSATION UNDER THE MOTOR

VEHILCE 1988.
BEFORE THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL

DELHI.
In Re:- MASTER YASH@ YATENDER CHAUHAN
V/S
SH. SHAMBHU & ORS.
MASTER YASH @ YATENDER CHAUHAN S/O SH PERM NATH

(Through the natural guardian his father Sh.Prem Nath )
R/O H.NO. 20/9, kalyanpuri Block-20,, DELHI.91
PETITIONER
VERSUS
(4) SH. SHAMBU S/O SH.SERANGAN
R/O 16/365 KALYAN PURI , DELHI. 91 DRIVER
(5) SH. SHEKHAR SAXENA S/O SH. SURENDRA KUMAR SAXENA
R/O H.NO. C-103 POCKET A MAYUR VIHAR PHASE 2, DELHI-91
Also at- H.NO. D-176 POCKET B MAYUR VIHAR PHASE 2, DELHI -91
OWNER
(6) TATA AIG GENERAL INSURANCE CO.LTD.
LOTUS TOWER 1ST FLOOR COMMUNITY CENTRE
NEW FRIENDS COLONY , NEW DELHI.
INSURANCE CO.
RESPODENTS
PETITIONER
DELHI
DATED: Through
Mrs. POOJA GOEL

ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.

1/13 PS KALYANPURI FILLED BY IO MAY BE TREATED AS MY PETITION
AND BELOW MENTIONED FACTS MAY BE READ AS PART AND PARCEL
OF DAR NO
1. That on 01/01/2013 at about 10.10 a.m. in the Morning, when the petitioner
MASTER YASH@ YATENDER S/O SH PERM NATH WAS STANDING AT HIS
HOUSE NO 20/9 quiet cautiously by looking around on the correct side following
rules suddenly a Ritz CAR. DL-1CL-8819 being driven by Respondent no.1 rashly
and negligently at a very high speed in a zig zag manner without following the
traffic rules came from LBS hospital side TOWARD HIS HOUSE and hit the
petitioner. As a result petitioner sustained serious and grievous injuries on HIS
LEG immediately taken to the LBS Hospital, in pathetic condition and a criminal
case has been registered in Police Station KALYAN PURI U/s 279/338 IPC, FIR
no. 1/13, the respondent no.1 was driving the offending Vehicle at a high speed,
rashly and negligently without following the traffic rules, respondents are jointly
and severally liable for the wrongful Act i.e. committing of accident rashly and
negligently by the respondent no.1 resulting into the grievous Injuries of Petitioner
Doctrine of Res IPSA locuter applies.
2. The Petitioner was immediately taken to the LBS Hospital on 1/01/13 and HIS
CONDITION WAS VERY CRITICAL AND SHIFTED ON Ram kundan lal hospital on
1.1.13 to dischared on 21.1.13 after treatment and then taken to their R ML
hospital for further treatment and discharged from the hospital after giving special
advise of complete bed rest, thereafter Petitioner took treatment with different
hospitals and the Petitioner is still under treatment of the Hospital and expenditure
incurred Rs. 500,000/- and still much more is going to spending on him. The
medical bills and treatment record of different hospitals may be considered.
3. That the petitioner sustained serious and grievous injury as per the Medical
Records crush injury to right ankle and foot lower leg degloving injury left thigh
and leg injury lower end and femur and Amputation of leg other injuries as per
Medical Record.
4. That the injured/petitioner is still under the regular treatment of Hospital. He is

bed ridden and has been advised for further regular check up and complete bed
rest. The petitioner has already spent a sum of Rs. 5,00,000/- on his treatment
and the petitioner is still under the treatment of the hospital and is suppose to
make payment in respect of tests, medicine etc. That the petitioner possessed good
health before the accident, petitioner was student and accident has runnied his
carrier and suffered loss of studies and professional carrier and loss of entire
income He could have become CA or CS or can do business but accident made
him permanently disabled . but the accident has totally curtailed his working
capacity and due to this serious injuries he is unable to handle his work,
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

to Rs.50,000/-. The injured/petitioner is forced to take high & rich protein diet for
early recovery of health and for this she has to spend extra amount and has
incurred expenditure on the same amounting to Rs.25,000/-. The life expectancy
has been considerably reduced due to the injuries sustained in the accident
9. That the petitioner has claimed the compensation for Rs.50,00,000/- (RUPEES
fifty lakhs ONLY), for self injury and , which is just and reasonable due to the
injuries sustained in the accident alongwith interest 18% p.a. from the date of
the accident till date payment.
10. That the Respondents are jointly and severally liable being Driver, owner
and insurance of the offending vehicle. The injured/petitioner is 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
PETITIONER
DELHI
DATED: Through
Mrs. POOJA GOEL
ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.
IN REF-
MASTER YASH@ YATENDER CHAUHAN
V/S
SH. SHAMBHU@ SARIMLAGAM & ORS. DOH 12/08/14

WITNESS RAM SURAT
I Ram Surat S/O Late Sh. Suraj Lal AGED 55 yrs R/O H.NO. 20/9,
kalyanpuri Block-20, DELHI.91 do hereby solemnly affirms and declare
as under: --
1 That Deponent is guardian / Grand father of Petitioner in the above noted

matter and Deponent is Complainant in FIR NO. 1/13.PS.Kalyan Puri and the Eye Witness.
Deponent is well conversant with the facts and circumstances of the case and am
competent to swear this affidavit That on Statement of Deponent FIR NO. 1/13 PS. Kalyan
Puri was recorded. 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
2 That on 01/01/2013 at about 10.10 a.m. in the Morning, when the petitioner MASTER
YASH@ YATENDER S/O SH PERM NATH WAS STANDING AT HIS HOUSE NO 20/9
quiet cautiously by looking around on the correct side following rules suddenly a Ritz CAR.
DL-1CL-8819 being driven by Respondent no.1 rashly and negligently at a very high speed
in a zig zag manner without following the traffic rules came from LBS hospital side
TOWARD HIS HOUSE and hit the petitioner. As a result petitioner sustained serious and
grievous injuries on HIS LEG immediately taken to the LBS Hospital, in pathetic condition
and a criminal case has been registered in Police Station KALYAN PURI U/s 279/338
IPC, FIR no. 1/13, the respondent no.1 was driving the offending Vehicle at a high speed,
rashly and negligently without following the traffic rules, respondents are jointly and
severally liable for the wrongful Act i.e. committing of accident rashly and negligently by
the respondent no.1 resulting into the Amputation of right leg of Petitioner Doctrine of Res
IPSA locuter applies. EXHIBIT PW1/2 Original Medical bills colly sheets, exhibit
3 The Petitioner was immediately taken to the LBS Hospital on 1/01/13 and HIS
CONDITION WAS VERY CRITICAL AND SHIFTED ON Ram kundan lal hospital on 1.1.13
to dischared on 21.1.13 after treatment and then taken to Lok Nayak hospital for further
treatment on 28/4/13 and discharged on 4/05/13 from the hospital after giving special
advise of complete bed rest, thereafter Petitioner took treatment with different hospitals and
the Petitioner was again admitted at Lok Nayak Hospital on 22/07/13 and discharged on
3/08/13 , petitioner is still under treatment of the Hospital and expenditure incurred Rs.
500,000/- and still much more is going to spending on him. The medical bills and treatment
record of different hospitals may be considered.
4 That the petitioner sustained serious and grievous injury as per the Medical Records
crush injury to right ankle and foot lower leg degloving injury left thigh and leg injury lower
end and femur and Amputation of leg and urethral structure problem other injuries as per
Medical Record. EXHIBIT PW1/4 is Disability certificate of petitioner, EXHIBIT PW1/5
school ID card , EXHIBIT PW1/6 IS RATION CARD, EXHIBIT PW1/7 photograph of
injury,
5 That the injured/petitioner is still under the regular treatment of Hospital. He is bed ridden
and has been advised for further regular check up and complete bed rest. The petitioner
has already spent a sum of Rs. 5,00,000/- on his treatment and the petitioner is still under
the treatment of the hospital and is suppose to make payment in respect of tests, medicine
etc. That the petitioner possessed good health before the accident, petitioner was student
and accident has runnied his carrier and suffered loss of studies and professional carrier
and loss of entire income He could have become CA or CS or can do business but
accident made him permanently disabled accident has totally curtailed his working
capacity and due to this serious injuries he is unable to handle his work, 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
6 The injured/petitioner has already spent huge amount on conveyance amounting to
Rs.50,000/-. The injured/petitioner is forced to take high & rich protein diet for early
recovery of health and for this she has to spend extra amount and has incurred
expenditure on the same amounting to Rs.25,000/-. The life expectancy has been
considerably reduced due to the injuries sustained in the accident . The petitioner has
engaged an Attendant to look after him for help his daily chores and he paid salary of Rs.
6000/- p.m.
7 That the petitioner has claimed the compensation for Rs.50,00,000/- (RUPEES fifty lakhs
ONLY)due to the injuries sustained in the accident alongwith interest 18% p.a. from the date of
the accident till date payment Respondents are jointly and severally liable being Driver, owner
and insurance of the offending vehicle. The injured/petitioner is 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
DEPONENT
VERIFICATION
from.
DEPONENT
6. That on 01/01/2013 at about 10.10 a.m. in the Morning, when the petitioner
MASTER YASH@ YATENDER S/O SH PERM NATH WAS STANDING AT HIS
HOUSE NO 20/9 quiet cautiously by looking around on the correct side following
rules suddenly a Ritz CAR. DL-1CL-8819 being driven by Respondent no.1 rashly
and negligently at a very high speed in a zig zag manner without following the
traffic rules came from LBS hospital side TOWARD HIS HOUSE and hit the
petitioner. As a result petitioner sustained serious and grievous injuries on HIS
LEG immediately taken to the LBS Hospital, in pathetic condition and a criminal
case has been registered in Police Station KALYAN PURI U/s 279/338 IPC, FIR
no. 1/13, the respondent no.1 was driving the offending Vehicle at a high speed,
rashly and negligently without following the traffic rules, respondents are jointly
and severally liable for the wrongful Act i.e. committing of accident rashly and
negligently by the respondent no.1 resulting into the grievous Injuries of Petitioner
Doctrine of Res IPSA locuter applies.
7. The Petitioner was immediately taken to the LBS Hospital on 1/01/13 and HIS
CONDITION WAS VERY CRITICAL AND SHIFTED ON Ram kundan lal hospital on
1.1.13 to dischared on 21.1.13 after treatment and then taken to their R ML
hospital for further treatment and discharged from the hospital after giving special
advise of complete bed rest, thereafter Petitioner took treatment with different
hospitals and the Petitioner is still under treatment of the Hospital and expenditure
incurred Rs. 500,000/- and still much more is going to spending on him. The
medical bills and treatment record of different hospitals may be considered.
8. That the petitioner sustained serious and grievous injury as per the Medical
Records crush injury to right ankle and foot lower leg degloving injury left thigh
and leg injury lower end and femur and Amputation of leg other injuries as per
Medical Record.
9. That the injured/petitioner is still under the regular treatment of Hospital. He is

bed ridden and has been advised for further regular check up and complete bed
rest. The petitioner has already spent a sum of Rs. 5,00,000/- on his treatment
and the petitioner is still under the treatment of the hospital and is suppose to
make payment in respect of tests, medicine etc. That the petitioner possessed good
health before the accident, petitioner was student and accident has runnied his
carrier and suffered loss of studies and professional carrier and loss of entire
income He could have become CA or CS or can do business but accident made
him permanently disabled . but the accident has totally curtailed his working
capacity and due to this serious injuries he is unable to handle his work,
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
to Rs.50,000/-. The injured/petitioner is forced to take high & rich protein diet for
early recovery of health and for this she has to spend extra amount and has
incurred expenditure on the same amounting to Rs.25,000/-. The life expectancy
has been considerably reduced due to the injuries sustained in the accident
11. That the petitioner has claimed the compensation for Rs.50,00,000/-
(RUPEES fifty lakhs ONLY), for self injury and , which is just and reasonable
due to the injuries sustained in the accident alongwith interest 18% p.a. from
the date of the accident till date payment Respondents are jointly and severally
liable being Driver, owner and insurance of the offending vehicle. The
injured/petitioner is 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.
IN REF-
Bhavishya ahuja V/S Devendra SINGH & OTHERS
DOH 13/08/14

WITNESS VIKRAM AHUJA
I Vikram Ahuja S/O Sh. Gulshan Ahuja AGED 35 yrs R/O H.NO.
2/33, Geeta Colony, Delhi do hereby solemnly affirms and declare as
under: --
1 That Deponent is guardian / father of Petitioner in the above noted matter and
Deponent is Complainant in FIR NO. 78/12.PS.geeta colony and the Eye Witness. Deponent
is well conversant with the facts and circumstances of the case and am competent to swear
this affidavit That on Statement of Deponent FIR NO. 78/12.PS.geeta colony was recorded.
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
2 That on 08/03/12 at about 10:45 A.m. in the Morining, when the petitioner Bhavishya
Ahuja S/O SH.Vikarm Ahuja was going from his house towards his relative house on
correct side of the road & following road rules, quiet cautiously with his father vikaram
ahuja and when he reached near cornor of gali near 2 block Gurudware geeta colony
Delhi, p s geeta colony suddenly a champion vehicle Bearing no. DL-1LL-9411 being
driven by respondent no.1/Driver rashly and negligently came from behind and hit the
petitioner. As a result petitioner sustained serious and grievous injuries and immediately
taken to the chacha Nehru hospital than to L.N.J.P Hospital in a pathetic condition and a
criminal case has been registered in Police Station GEETA COLONY, Delhi U/s 279/337
IPC, FIR no. 78/12, the respondent no.1 was driving the offending VEHICLE Bearing no.
DL-ILL-9411 at a high speed, rashly and negligently without following the traffic rules,
respondent no.2 being the owner of VEHICLE and respondent no.3 being the Insurance
Co. respectively and jointly and severally liable for the wrongful Act i.e. committing of
accident rashly and negligently by the respondent no.1 resulting into the grievous Injuries
master Bhavishya Ahuja. Hence the Doctrine of Res locuter applies.
3. The Petitioner immediately admitted in CHACHA Nehru hospital where MKLC done
then taken to L.N.J.P Hospital, on 08/03/12 and discharged after treatment, his condition
was critical so he was admitted in L.N.J.P Hospital on 08/03/2012 and operation was done
and discharged on 22/03/2012 giving strict advice for complete bed rest and expenditure
incurred Rs. 80,000/- and still much more is going to spending on him.
4. That the petitioner sustained Grievous Injuries and FRACTURE SHAFT of femur
RIGHT AND other Grievous Injuries as per Medical Records.
5. That the injured/petitioner is still under the regular treatment of L.NJP Hospital, Delhi.
He is bed ridden and has been advised for further regular check up and complete bed rest.
The petitioner has already spent a sum of Rs. 80,000/- on his treatment and the petitioner
is still under the treatment of the hospital and is suppose to make payment in respect of
tests, medicine etc. EXHIBIT PW1/2 Original Medical bills colly sheets, exhibit PW1/3
Original TREATMENT RECORD AND DISCHARGE SUMMARY.
6. That the petitioner possessed good health before the accident the petitioner was a
STUDENT and income as per minimum wages may be taken as loss of income p.m. and
the and due to this serious injuries he was unable to handle his STUDY 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. Petitioner suffered
loss of study and future career and unable to run and do daily activity with full body power.
EXHIBIT PW1/4 ID Proof of deponent and petitioner, EXHIBIT PW1/5 photograph of
injury,
7. The injured/petitioner has already spent huge amount on conveyance amounting to

Rs.25,000/-. That the petitioner has engaged an Attendant to look after his for help his of
his daily chores and he paid salary of Rs. 7,000/- p.m. The 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.25,000/-. The life
Suffered permanent disability That the petitioner has claimed the compensation for
Rs.5,00,000/- (RUPEES five lakhs ONLY)due to the injuries sustained in the accident alongwith
interest 18% p.a. from the date of the accident till date payment Respondents are jointly and
severally liable being Driver, owner and insurance of the offending vehicle. The injured/petitioner is
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
DEPONENT
VERIFICATION
from.
DEPONENT
MEMO OF PARTIES
In Re:-
Bhavishya ahuja V/S Devendra SINGH &

OTHERS
Bhavishya Ahuja S/O SHRI Vikram ahuja
R/O H.NO. 2/33, Geeta colony Delhi .
(PETITIONER BEING MINOR FILLING THROUGH LEGAL GAURDIAN /

FATHER )
(PETITIONER
VERSUS
(1) SH. Devendra Singh S/O SH. Fate Singh
R/O H.NO. 35/1, Top floor Gali no12,New Govind pura
DELHI-.
DRIVER
(2). Narendra singh s/o Om prakash Singh
35/1 Gali no 12 Top floor gali no 12 new govind pura, DELHI.51
OWNER
(2) L&T INSURANCE CO.LTD.
601-602 TRADE CENTER BANDRA KURLA COMPLEX MUMBAI,
ALSO AT 6TH FLOOR, CITY 2,PLOT NO 177, CST ROAD,

NEAR BANDRA KURLA TELEPHONE EXCHANGE,
KALIVA, SANTA CRUZ,(E) MUMBAI 400098
INSURANCE COMPANY
RESPODENTS
PETITIONER
DELHI
DATED: Through Mrs. POOJA GOEL

ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.

78/12 PS GEETA COLONY FILLED BY IO MAY BE TREATED AS MY
PETITION AND BELOW MENTIONED FACTS MAY BE READ AS PART AND
PARCEL OF DAR NO
11. That on 08/03/12 at about 10:45 A.m. in the Morining, when the petitioner
Bhavishya Ahuja S/O SH.Vikarm Ahuja was going from his house towards his
relative house on correct side of the road & following road rules, quiet cautiously
with his father vikaram ahuja and when he reached near cornor of gali near 2
block Gurudware geeta colony Delhi, p s geeta colony suddenly a champion
vehicle Bearing no. DL-1LL-9411 being driven by respondent no.1/Driver rashly
and negligently came from behind and hit the petitioner. As a result petitioner
sustained serious and grievous injuries and immediately taken to the chacha
Nehru hospital than to L.N.J.P Hospital in a pathetic condition and a criminal
case has been registered in Police Station GEETA COLONY, Delhi U/s 279/337
IPC, FIR no. 78/12, the respondent no.1 was driving the offending VEHICLE
Bearing no. DL-ILL-9411 at a high speed, rashly and negligently without following
the traffic rules, respondent no.2 being the owner of VEHICLE and respondent
no.3 being the Insurance Co. respectively and jointly and severally liable for the
wrongful Act i.e. committing of accident rashly and negligently by the respondent
no.1 resulting into the grievous Injuries master Bhavishya Ahuja. Hence the
Doctrine of Res locuter applies.
6. The Petitioner immediately admitted in CHACHA Nehru hospital where MKLC
done then taken to L.N.J.P Hospital, on 08/03/12 and discharged after
treatment, his condition was critical so he was admitted in L.N.J.P Hospital on
08/03/2012 and operation was done and discharged on 22/03/2012 giving strict
advice for complete bed rest and expenditure incurred Rs. 80,000/- and still
much more is going to spending on him.
7. That the petitioner sustained Grievous Injuries and FRACTURE SHAFT of
femur RIGHT AND other Grievous Injuries as per Medical Records.
8. That the injured/petitioner is still under the regular treatment of L.NJP Hospital,
Delhi. He is bed ridden and has been advised for further regular check up and
complete bed rest. The petitioner has already spent a sum of Rs. 80,000/- on
his treatment and the petitioner is still under the treatment of the hospital and is
suppose to make payment in respect of tests, medicine etc.
9. That the petitioner possessed good health before the accident the petitioner
was a STUDENT and income as per minimum wages may be taken as loss of
income p.m. and the and due to this serious injuries he was unable to handle
his STUDY 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. Petitioner suffered loss of study and future
career and unable to run and do daily activity with full body power.
Rs.25,000/-. That the petitioner has engaged an Attendant to look after his for help
his of his daily chores and he paid salary of Rs. 3000/- p.m. The 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.25,000/-. The life expectancy has been considerably reduced due to the injuries
sustained in the accident. Suffered permanent disability

13. That the petitioner has claimed the compensation for Rs.5,00,000/- (RUPEES FIVE
LACS ONLY), which is just and reasonable due to the injuries sustained in the
accident alongwith interest 18% p.a. from the date of the accident till date payment.
14. The injured/petitioner is 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.
PETITIONER
DELHI
DATED: Through
Mrs. POOJA GOEL
ADVOCATE
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421.
IN REF-
LAKSHAY KHARBANDA V/S SH. NIKHIL KHURANA
DOH 13/08/14

WITNESS LAKSHAY KHARBANDA
I LAKSHAY KHARBANDA S/O SH. SHYAM SUNDER aged about 17 + yrs R/O
H.NO. –27/103, JAWALA NAGAR, SHAHADRA DELHI. do hereby solemnly affirms
and declare as under: --
1 That Deponent is Petitioner in the above noted matter and Deponent is Complainant
in FIR NO. 158/12.PS.Anand Vihar and the Eye Witness. 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
2 That on 17/06/12 Unfortunate day for petitioner/injured at about 3.00 pm. in afternoon,
when the petitioner lakshay kharbanda was sitting as pillion rider on motorcycle bearing
Reg, No. DL-7SBN -8788 and his brother Sagar was driving the motorcycle at a moderate
speed on the correct side of the following rules of road quiet cautiously goning from his
house towards AGCR enclave and when he reached at Priya Enclave Red light KKd delhi
p.s Anand Vihar, Delhi, and when motorcycle was crossing his green signal suddenly a Car
bearing Reg. No. DL-8CT-7582 being driven by respondent no.1 rashly and negligently at a
high speed in a zig zag manner without following the rules of road breaking red light came
from Vivek Vihar side and hit the petitioner motorcycle as a result petitioner alongwith his
brother fall down and sustained serious and grievous injuries, immediately taken to the Dr.
Hedgewar hospital in pathetic condition and a criminal case has been registered in Police
Station Anand Vihar, U/s 279/337 IPC, FIR no. 158/12, the respondent no.1 was driving the
offending Car at a high speed, rashly and negligently without following the traffic rules,
respondents jointly and severally liable for the wrongful Act i.e. committing of accident rashly
and negligently by the respondent no.1 resulting into the grievous Injuries of petitioner
Doctrine of Res ispa locuter applies.
3 That the petitioner was immediately taken to the Dr. Hedgewar hospital delhi 17/06/12
and discharged however petitioner in a critical Situation was shifted to pushpanjali hospital
on 17/06/12 and discharged after operation on 20/06/12 and his situation is very Critical
and he needed more specified Treatment, after Operation and giving special advise of
complete bed rest and the patient is still under treatment of the Hospital and expenditure
incurred Rs. 1,50,000/- and still much more is going to spending on him.
4. That the petitioner sustained Grievous Injuries FRACTURE OF Radius, large
Lacerated wound over face , eye rigion,Clw over left elbow region,ear left
Avulsion skin, Triceps Tendon tear, torn Joint Capsule, facial injuries other
grievous injuries as per M.L.C. and treatment record. EXHIBIT PW1/2
Original Medical bills colly sheets, exhibit PW1/3 Original TREATMENT RECORD
AND DISCHARGE SUMMARY.
5. That the petitioner possessed good health before the accident the petitioner was student
as well as taking home tution and was earning or notional income as applicable Rs
30,000/- P.A. and the accident has totally curtailed his working capacity and due to this
serious injuries he is unable to handle his work 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. Petitioner has suffered Permanent Disability due to this
accident. EXHIBIT PW1/4 ID Proof of deponent.

Rs.25,000/-. That the petitioner has engaged an Attendant to look after his for help his of
his daily chores and he paid salary of Rs. 7,000/- p.m. The injured/petitioner is forced to
amount and has incurred expenditure on the same amounting to Rs.25,000/-. The life
Suffered permanent disability That the petitioner has claimed the compensation for
Rs.5,00,000/- (RUPEES five lakhs ONLY)due to the injuries sustained in the accident alongwith
interest 18% p.a. from the date of the accident till date payment Respondents are jointly and
severally liable being Driver, owner and insurance of the offending vehicle. The injured/petitioner is
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
DEPONENT
VERIFICATION
from.
DEPONENT
PETITIONER
VERSUS
1 SH.NIKHIL KHURANA S/O SH N.K. KHURANA
R/O H.NO. C-30, ASHOKA NIKETAN, DELHI- DRIVER.
2 M/S AUTO CHAMPION

OPFFICE AT 49-G, VARDHAN HOUSE, CHABI GANJ,
KASHMIRI GATE DELHI OWNER
3 TATA AIG GENERAL INSURANCE CO.P.LTD.
OFFICE – 8 A,4TH FLOOR, MILAP NIKETAN,,
BAHADUR SHAH ZAFAR MARG,,NEW DELHI-2. INSURANCE COMPANY
RESPODENTS
DELHI PETITIONER
DATED: Through
POOJA GOEL & ASSOCIATES
Chamber No. D-227,
K.K.D.Court, Delhi.
Mobile No. 9868101421
ANNEXTURE A
12. That The IO of P.S. anand vihar has filled an DAR before the court of Sh. B. S. Chumbak
PO MACT However the Petitioner is going to withdraw the said DAR proceedings and
seeks the permission of this Hon,ble court to proceed with this claim petition in respect to
this accident.
13. That on 17/06/12 Unfortunate day for petitioner/injured at about 3.00 pm. in afternoon,
when the petitioner lakshay kharbanda was sitting as pillion rider on motorcycle bearing
Reg, No. DL-7SBN -8788 and his brother Sagar was driving the motorcycle at a
moderate speed on the correct side of the following rules of road quiet cautiously goning
from his house towards AGCR enclave and when he reached at Priya Enclave Red light
KKd delhi p.s Anand Vihar, Delhi, and when motorcycle was crossing his green signal
suddenly a Car bearing Reg. No. DL-8CT-7582 being driven by respondent no.1 rashly
and negligently at a high speed in a zig zag manner without following the rules of road
breaking red light came from Vivek Vihar side and hit the petitioner motorcycle as a result
petitioner alongwith his brother fall down and sustained serious and grievous injuries,
immediately taken to the Dr. Hedgewar hospital in pathetic condition and a criminal case
has been registered in Police Station Anand Vihar, U/s 279/337 IPC, FIR no. 158/12, the
respondent no.1 was driving the offending Car at a high speed, rashly and negligently
without following the traffic rules, respondents jointly and severally liable for the wrongful
Act i.e. committing of accident rashly and negligently by the respondent no.1 resulting
into the grievous Injuries of petitioner Doctrine of Res ispa locuter applies.
14. That the petitioner was immediately taken to the Dr. Hedgewar hospital delhi 17/06/12 and
discharged however petitioner in a critical Situation was shifted to pushpanjali hospital on
17/06/12 and discharged after operation on 20/06/12 and his situation is very Critical and he
needed more specified Treatment, after Operation and giving special advise of complete bed
rest and the patient is still under treatment of the Hospital and expenditure incurred Rs.
1,50,000/- and still much more is going to spending on him.
15. That the petitioner sustained Grievous Injuries FRACTURE OF Radius, large
Lacerated wound over face , eye rigion,Clw over left elbow region,ear left
Avulsion skin, Triceps Tendon tear, torn Joint Capsule, facial injuries other
grievous injuries as per M.L.C. and treatment record.
16. That the petitioner possessed good health before the accident the petitioner was student
as well as taking home tution and was earning Rs 7,000/- pm or notional income as
applicable Rs 30,000/- P.A.and the accident has totally curtailed his working capacity
and due to this serious injuries he is unable to handle his work atleast next One Year 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. Petitioner has
suffered Permanent Disability due to this accident.
Rs.20,000/-. That the petitioner has engaged an Attendant to look after him for help him of
his daily chores and he paid salary of Rs. 2000/- p.m. The injured/petitioner is forced to
amount and has incurred expenditure on the same amounting to Rs20,000/-. The life
7 That the petitioner has claimed the compensation for Rs.5,00,000/- (RUPEES FIVe LACS
ONLY), alongwith Interest 18 % pa which is just and reasonable due to the injuries
sustained in the accident 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. Kindly pay the compensation to the
Petitioner for loss of income, loss of money in the treatment, for mental agony pain and
sufferings for whole life, conveyance, special diet and attendant charges and loss of
permanent disability suffered by petitioner.
IN THE COURT OF MS RAVINDER BEDI, JUDGE MACT,DELHI.
IN REF SMT. KANTA SATIJA AND ORS V/S SH SUNIL &other
D.O.H. –27/8/14
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER WITNESS
SMT. KANTA SATIJA
I KANTA-SATIJA W/O LT.SH. RAJESH KUMAR SATIJA, AGED-44YRS.
R/O D-1/5, FIRST FLOOR, KRISHNA NAGAR, DELHI-110051 do hereby
solemnly affirms and declares as under: --
1 That the Deponent is one of the Petitioners in the above noted matter, and is well
conversant with the facts and circumstances of the case, and am competent to
swear this affidavit. AFFIDAVIT IS EXHIBIT PW1/A. DAR ARE EXHIBIT PW1/1
WHICH ARE ALREADY ON COURT RECORD
2. THAT 21/06/2013 WAS AN UNFORTUNATE DAY IN LIFE OF DECEASED AROUND 02:45

P.M. IN AFTERNOON WHEN DECEASED WAS TRAVELLING/DRIVING HIS SCOOTER
NO. DL-5SAC-2961 AT A VERY MODERATE SPEED ON CORRECT SIDE OF ROAD
QUIT CAUTIOUSLY WHEN HE REACHED GEETA COLONY FLYOVER ON PUSHTA
ROAD, RAMESH PARK,DELHI,SUDDENLY A TRUCK NO.DL-1LD-0195 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 RULES OF ROAD, CAME AND COLLIDED WITH SCOOTER OF
DECEASED AS A RESULT DECEASED FELL ON ROAD AND RESPONDENT NO.1 RAN
OVER HIS TRUCK ON TO HIM,AS A RESULT DECEASED SUSTAINED FATAL-INJURIES
WAS IMMEDIATELY TAKEN TO L.N.J.P HOSPITAL,NEW DELHI AND THEN SHIFTED TO
MAX BALAJI HOSPITAL,DELHI THEN TRANSFERRED TO A.I.I.M.S TRUMA CENTRE
WHERE HE COULD NOT RECOVER FROM HIS INJURIES AND DIED IN HOSPITAL AT
ABOUT 11.35 P.M 21/6/13. THE POST MORTEM PERFORMED AT A.I.I.M.S TRUMA
CENTRE,MORTUARY,DELHI. A CASE OF DEATH DUE TO RASH AND NEGLIGENT
DRIVING REGISTERED AGAINST TRUCK DRIVER AT SHAKARPUR PS U/S 279/304-A
I.P.C ,F.I.R NO. 569/13.THE ACCIDENT TOOK PLACE DUE TO RASH AND NEGLIGENT
AND RASHNESS DRIVING OF OFFENDING TRUCK NO. DL-1LD-0195, 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 TRAGIC AND UN-TIMELY DEATH OF
DECEASED DOCTRINE OF RES ISPA LOCUTER APPLIES.
DEATH CERTIFICATE OF DECEASED EXHIBIT PW1/2 ,RECEIPT OF DEATH
BODY EXHIBIT PW1/3.
3. That the deceased at the time of the accident was hale and healthy and was aged
about 49 years 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.
VOTER ID CARDS OF PETITIONERS IS EXHIBIT PW1/4 COLLY 4 SHEETS AND
VOTER ID CARD OF DECEASED EXHIBIT PW1/5 .
(4). The Deceased possessed good health before the accident. The Deceased was
working as a FIELD -EXECUTIVE AT M/S SIMRAN MUSICALS, AT:-IX/979, PREM
GALI NO-2, GANDHI NAGAR, DELHI-110031. He was drawing salary of Rs.14,000/-
p.m and he was very educated and intelligent. The deceased was having the liability to
maintain his family. The petitioners have suffered the great loss. The future
income/employment opportunities of deceased was very-very wide. SALARY PROOF
OF DECEASED IS EXHIBIT PW1/6.
(5). That the deceased was a MAN of simple habits. He was not addicted to any Vice.
There is nobody to look after petitioners after the death of deceased. The Deponent is
WIFE, PETITIONER no.2 IS DAUGHTER, PETITIONER no.3 IS SON AND PETITIONER NO.4
IS OLD-MOTHER of deceased WERE wholly depended on him for their day-to-day need.
(6). The losses suffered by the Petitioners cannot be measured in terms of money alone.
The PETITIONERS also suffered the prospective PRECUNIARY LOSSES and
EXPECTATIONS OF LIFE. The death of Decaesed has resulted a whole darkness in the entire
family, which cannot be compensated in any way That loss of Deceased can never be
eliminated or ameliorated completely. The PETITIONERS may be awarded not only
PRECUNIARY 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 but a sum of Rs 55,00,000/- may be awarded to petitioners along with
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 compensation to
the petitioners for loss of love and affection, loss of income, loss of future prospectus,
loss of consortium of Damages for mental and physical shock, pain suffering, already
suffered or likely to be suffered in future, damages to compensate for the loss of
amenities of life, damages for the loss of expectation of life and for whole life
inconvenience, hardship, disappointment, frustration and mental stress/sorrow and
other GENERAL AND SPECIFIC PROVISIONS available UNDER THE MOTOR
VEHICLE ACT alongwith interest 18% p.a. from the date of the accident till date
payment.
DEPONENT
VERIFICATION
DEPONENT
(1). That Deponent is MOTHER of Petitioner in the above noted matter and petitioner was
injured in FIR NO. 297/11.PS. New Ashok Nagar. Deponent is well conversant with the facts
and circumstances of the case and is competent to swear this affidavit That on Statement of
petitioner FIR NO. 297/11., PS. New Ashok Nagar was recorded. That content of Petition
may kindly be read as part and parcel of this affidavit. AFFIDAVIT IS EXHIBIT PW1/A that
the petitioner Lt. Sh. Ashish died on 8/11/2011 after the accident during treatment and after
his death Deponent is only legal heir of deceased.
2. That after the accident Late Ashish alias Asis took several treatment but did not survived
and died in his village and no post mortum was conducted on body of Late Ashish. The
deponent is real mother of deceased Late Ashish and father of Ashish Late Sh. Ram
Swaroop already died a long ago and Smt. Chanderkanta and Late Ashish was residing
together . Thereafter Deponent after death of her first husband Late Sh. Ram Swaroop had
remarried to Sh. Mahesh Chand as per her voter I card . The loss of estate may be granted
to Deponent as This case was filled by Late Sh. Ashish for his injuries in the accident but he
died during pendency of the case and since no post mortum was conducted the case was
not shifted to Section 304A IPC and this case is only for injuries of Late Ashish and as such
deponent is entitled to loss of estate in this regard .
3.That on 19/09/11 was an unfortunate day in the life of Lt.SH. ASHISH KUMAR @ ASIS
S/O SH. RAM SWAROOP, the time around 8.20 a.m. in the morning, when Petitioner was
standing quite cautiously following Rules of Road on the correct side at Mayur Vihar,
Phase-III main road, Delhi-96, suddenly a Bus bearing Reg. No. DL 1PA 7725, being
driven by respondent no.1 rashly and negligently at a very high speed in a zig zag manner
recklessly without taking due caution and without following the rules of road started the
vehicle and hit the Petitioner. As a result Petitioner fall down and sustained serious and
grievous injuries, immediately admitted to the L.B.S. Hospital, Delhi, in pathetic condition
and a criminal case has been registered in Police Station New Ashok Nagar, Delhi U/s
279/337 IPC, FIR no. 297/11, respondents jointly and severally liable for the wrongful Act
i.e. committing of accident rashly and negligently by respondent no.1 resulting into the
grievous Injuries and thereafter death of lt. Sh. ASHISH KUMAR @ ASIS Doctrine of Res
ispa locuter applies.
4.That late sh. Ashish / petitioner was immediately taken to the L.B.S. Hospital in pathetic
condition on 19/09/2011 to 23/09/2011 and discharged after Operation and Treatment
and giving special advise of complete bed rest, the Doctors advised the Petitioner for
amputation of his Leg, however the Petitioner was not willing for amputation and thereafter
taken to Surya Hospital on 24/09/11 and discharged on 25/09/11 and thereafter the
Petitioner took his treatment with the Private Doctors and the patient was under treatment
of Hospital till his death and expenditure incurred Rs. 1,00,000/-. EXHIBIT PW1/1
ORIGINAL BILLS RECORD of petitioner COLLY 19 SHEET
5.That petitioner sustained Grievous Injuries, multiple Hemisis Injuries and left
Hemothorax, Fracture in left Leg and Injuries in Hand and other part of the body and other
grievous injuries as per M.L.C. and treatment record. EXHIBIT PW1/2 ORIGINAL
TREATMENT RECORDS AND DISCHARGE SUMMARY COLLY 9 SHEET
6 That petitioner possessed good health before the accident petitioner was doing Labour
Work with Private Employers and his salary was Rs.10, 000/- p.m. and the accident has
totally curtailed his working capacity and due to this serious injuries he was unable
to handle his work entire family is suffering from the huge financial crisis, but due to
the accidental injuries the deceased died but post mortum was not conducted.
EXHIBIT PW1/3 VOTER ID CARD OF LATE ASHISH KUMAR , EXHIBIT PW1/4
VOTER ID CARD OF CHANDERKANTA MOTHER OF DECEASED. EXHIBIT
PW1/5 , CERTIFICATE OF GRAM PRADHAN. DAR ARE EXHIBIT PW1/6 WHICH
ARE ALREADY ON COURT RECORD
(7). That the Petitioner Has claimed the compensation for RS.5, 00,000/- (RUPEES
FIVE LACS ONLY.), as per the injuries sustained by Late Sh. Ashish in the accident
dated 19/09/11 along with interest @18% p.a. from the date of the accident till date of
payment
DEPONENT
Verified at Delhi on this 2014 that the contents of above affidavit are true and
correct to my knowledge and nothing material has been concealed there from.
Deponent
IN THE COURT OF MS.RAVINDER BEDI JUDGE MACT
In Re:-
LATE SH. ASHISH KUMAR @ ASIS
(Petitioner being deceased after accident through his LRs /Smt. Chanderkanta)
V/S
ANIL KUMAR GUPTA & ORS.
DOH- 10/7/14.
AMENDED PETITION
APPLICATION FOR GRANT OF COMPENSATION UNDER SECTION THE 166 & 140
OF MOTOR VEHICLE ACT 1988
(AMENDED UPTO DATE)
Sir,
The undersigned makes this application for grant of compensation as per
the provisions of the Motor Vehicles Act, 1988 on the basis of the following facts
and information :-
1. Name & father's name of the SH ASHISH KUMAR ALIAS ASIS
person injured/dead (husband's
S/O LT RAM SWROOP
name in case of married women
and widow). M/O- CHANDER KANTA
2. Full address of the person As per title of the

injured/dead. petition.
3. Age of the person 39 years
injured/dead.
4. Occupation of the person’s the LABOUR
injured/dead.
5. Name & Address of the PRIVATE EMPLYOYER

employer's the injured/dead.
6. Monthly income of the person Rs. 10,000 PM

injured/dead.
7. Does the person in respect of NO

whom compensation's claimed
pay income tax, if so state
the amount of the income (to
be supported by documents)
8. Brief Particulars of the As Per Annexure ‘A’
accident
9. Place, Date & time of AT MAYUR VIHAR PHASE III
accident. MAIN ROAD DELHI 09 ON
DATED 19.9.11 AT 8:20 AM
10. Name & Address of police P.S. NEW ASHOK NAGAR
station in whose investigation DELHI,FIR No. 297/2011
the accident took place was on 19/9/2011 U/s:
279/337 IPC
registered.
11. Was the person in respect of NO

whom compensation is claimed
traveling by the vehicle
involved in the accident? If
so give the name & place of
starting the journey &
Destination
12. Name of injuries sustained: .That petitioner sustained Grievous Injuries,

multiple Hemisis Injuries and left Hemothorax, Fracture in left Leg and Injuries in Hand
and other part of the body and other grievous injuries as per M.L.C. and treatment record.
13. Name & Address of the medical L.BS HOSPITAL ,

officer practitioner if any DELHI.AND SURYA HOSPITAL
who attend of the injuries.
14. Period of treatment & That late sh. Ashish / petitioner was
expenditure if any incurred. immediately taken to the L.B.S.
Hospital in pathetic condition on
19/09/2011 to 23/09/2011 and
discharged after Operation and
Treatment and giving special advise of
complete bed rest, the Doctors advised
the Petitioner for amputation of his
Leg, however the Petitioner was not
willing for amputation and thereafter
taken to Surya Hospital on 24/09/11
and discharged on 25/09/11 and
thereafter the Petitioner took his
treatment with the Private Doctors and
the patient was under treatment of
Hospital till his death and expenditure
incurred Rs. 1,00,000/-
15. Registration Number & Type of BEARING NO.
Vehicle
DL-1PA-7725
16. Name & Address of the owner of As Respondent No.1
vehicle
ANNEXURE ‘A’
(1). That Deponent is MOTHER of Petitioner in the above noted matter and petitioner was
injured in FIR NO. 297/11.PS. New Ashok Nagar. That on Statement of petitioner FIR NO.
297/11., PS. New Ashok Nagar was recorded. That content of Petition may kindly be read
as part and parcel of this annexture .The petitioner Lt. Sh. Ashish died on 8/11/2011 after
the accident during treatment and after his death his mother is only legal heir of deceased.
2. That after the accident Late Ashish alias Asis took several treatment but did not survived
and died in his village and no post mortum was conducted on body of Late Ashish. The
deponent is real mother of deceased Late Ashish and father of Ashish Late Sh. Ram
Swaroop already died a long ago and Smt. Chanderkanta and Late Ashish was residing
together . Thereafter Deponent after death of her first husband Late Sh. Ram Swaroop had
remarried to Sh. Mahesh Chand as per her voter I card . The loss of estate may be granted
to Deponent as This case was filled by Late Sh. Ashish for his injuries in the accident but he
died during pendency of the case and since no post mortum was conducted the case was
not shifted to Section 304A IPC and this case is only for injuries of Late Ashish and as such
deponent is entitled to loss of estate in this regard .
3.That on 19/09/11 was an unfortunate day in the life of Lt.SH. ASHISH KUMAR @ ASIS
S/O SH. RAM SWAROOP, the time around 8.20 a.m. in the morning, when Petitioner was
standing quite cautiously following Rules of Road on the correct side at Mayur Vihar,
Phase-III main road, Delhi-96, suddenly a Bus bearing Reg. No. DL 1PA 7725, being
driven by respondent no.1 rashly and negligently at a very high speed in a zig zag manner
recklessly without taking due caution and without following the rules of road started the
vehicle and hit the Petitioner. As a result Petitioner fall down and sustained serious and
grievous injuries, immediately admitted to the L.B.S. Hospital, Delhi, in pathetic condition
and a criminal case has been registered in Police Station New Ashok Nagar, Delhi U/s
279/337 IPC, FIR no. 297/11, respondents jointly and severally liable for the wrongful Act
i.e. committing of accident rashly and negligently by respondent no.1 resulting into the
grievous Injuries and thereafter death of lt. Sh. ASHISH KUMAR @ ASIS Doctrine of Res
ispa locuter applies.
4.That late sh. Ashish / petitioner was immediately taken to the L.B.S. Hospital in pathetic
condition on 19/09/2011 to 23/09/2011 and discharged after Operation and Treatment
and giving special advise of complete bed rest, the Doctors advised the Petitioner for
amputation of his Leg, however the Petitioner was not willing for amputation and thereafter
taken to Surya Hospital on 24/09/11 and discharged on 25/09/11 and thereafter the
Petitioner took his treatment with the Private Doctors and the patient was under treatment
of Hospital till his death and expenditure incurred Rs. 1,00,000/-.
5.That late Ashish sustained Grievous Injuries, multiple Hemisis Injuries and left
Hemothorax, Fracture in left Leg and Injuries in Hand and other part of the body and other
grievous injuries as per M.L.C. and treatment record.
6 That Late Ashish possesed good health before the accident petitioner was doing Labour
Work with Private Employers and his salary was Rs.10, 000/- p.m. and the accident has
totally curtailed his working capacity and due to this serious injuries he was unable
to handle his work entire family is suffering from the huge financial crisis, but due to
the accidental injuries the deceased died but post mortum was not conducted.
(7). That the Petitioner Has claimed the compensation for RS.5, 00,000/- (RUPEES
FIVE LACS ONLY.), as per the injuries sustained by Late Sh. Ashish in the accident
dated 19/09/11 along with interest @18% p.a. from the date of the accident till date of
payment . Responedents are jointly and severally liable foe giving compensation .
PETITIONER
DELHI THROUGH
DATED (MS POOJA GOEL)
ADVOCATE

Late Ashish and For Pan Drive

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

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

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

MASTER YASH@ YATENDER CHAUHAN

(through father / NG Sh. Prem Nath )

SH. SHAMBHU@ SARIMLAGAM & ORS. DOH 29/10/14

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

SMT. SNEH LATA V/S ASHOK KUMAR & ORS.

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

I SNEH LATA W/O SH. MEHESH RAJPOOT aged 32 yrs R/O

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

I, SAVITA HALDAR,W/O SH. ANEMEESH HALDAR, AGED ABOUT-35 YEARS

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

A. Certified/Attested copy of DAR/criminal record.

SH.GAURI SHANKAR PETITIONER.

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

(2) I SAY THAT 24/06/13 WAS AN UNFORTUNATE DAY IN MY LIFE, TIME

5 I SAY That I SUSTAINED SERIOUS CRITICAL INJURIES AS PER MEDICAL

6 I SAY THAT I possessed good health before the accident.

BEFORE THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL

In Re:- SMT. SNEH LATA V/S SH. ASHOK & ORS.

SMT. SNEH LATA W/O SH. MEHESH RAJPOOT

R/O H.NO., 11 1ST FLOOR NILAM VIHAR KAUSHAMBI

Also at 72,subhash nagar, Gwalior, M.P.-474003

(1) SH ASHOK KUMAR S/O SH. JEET KUMAR

R/O H.NO. 536 CHIRAG , NEW DELHI-17

(2) SH. MAHENDER SINGH S/O SH MOHAN LAL

R/O- H.NO. 659 CHIRAG , DELHI NEW DELHI-17

A-25/27, ASAF ALI ROAD NEW DELHI-110002

Mrs. Pooja Goel

BRIEF FACTS IN DAR NO THE DAR NO IN FIR NO

2. That the Petitioner immediately admitted to the MAX hospital Delhi on

6. The injured/petitioner has already spent huge amount on conveyance amounting

Mrs. Pooja Goel

APPLICATION FOR GRANT OF COMPENSATION UNDER THE MOTOR

BEFORE THE COURT OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL

In Re:- MASTER YASH@ YATENDER CHAUHAN

SH. SHAMBHU & ORS.

MASTER YASH @ YATENDER CHAUHAN S/O SH PERM NATH

R/O H.NO. 20/9, kalyanpuri Block-20,, DELHI.91

(4) SH. SHAMBU S/O SH.SERANGAN

R/O 16/365 KALYAN PURI , DELHI. 91 DRIVER

(5) SH. SHEKHAR SAXENA S/O SH. SURENDRA KUMAR SAXENA

R/O H.NO. C-103 POCKET A MAYUR VIHAR PHASE 2, DELHI-91

(6) TATA AIG GENERAL INSURANCE CO.LTD.

LOTUS TOWER 1ST FLOOR COMMUNITY CENTRE

NEW FRIENDS COLONY , NEW DELHI.

Mrs. POOJA GOEL

BRIEF FACTS IN DAR NO THE DAR NO IN FIR NO

4. That the injured/petitioner is still under the regular treatment of Hospital. He is

5. The injured/petitioner has already spent huge amount on conveyance amounting

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

MASTER YASH@ YATENDER CHAUHAN

SH. SHAMBHU@ SARIMLAGAM & ORS. DOH 12/08/14

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

1 That Deponent is guardian / Grand father of Petitioner in the above noted

9. That the injured/petitioner is still under the regular treatment of Hospital. He is

Bhavishya ahuja V/S Devendra SINGH & OTHERS

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PETITIONER

7. The injured/petitioner has already spent huge amount on conveyance amounting to

Bhavishya ahuja V/S Devendra SINGH &

Bhavishya Ahuja S/O SHRI Vikram ahuja

R/O H.NO. 2/33, Geeta colony Delhi .