IN The ESTABLISHMENT OF PRINCIPAL DISTRICT & SESSION JUDGE, RANCHI In the Court of Motor Accident Claim Tribunal, Ranchi (An application under Section 166 of the M.V. Act.) 6 Z.12024 Motor Accident Claim Case No. (1) Ratnu Dhan, S/o Birsa Dhan Aged about 54 years, by Sex-Male, (2) Nouri Devi, S/o Late Birsa Hembrom Aged about 46 years, by Sex- Female, The Applicant no.-1 is the father of the deceased and Applicant No.- 2 is the mother of the deceased. Both resident of Village- Kundi, P.O. + P.S.-Khunti, District- Khunti, Jharkhand Both at present resident of Upper Hatia, P.S.-Jagarnathpur, District- Ranchi, Jharkhand Mobile No.- Versus 1. Indraprasth Petroleum, 4/C, Rinku Roy, At Birsa Chowk,(a) (b) The Branch Manager, Bajaj Allianz General Insurance Co. Ltd. 5'* Floor, Pranami Heights, Circular Road Near Lalpur, Ranchi, P.S.-Lalpur, Ranchi - 834001 (Insurer of the Tanker No.-JH-01CX-1565) Full Name and age of the applicants. If the accident has caused death. Relationship of each applicants with the deceased. Age of the deceased. Local address of the applicant Permanent address of the applicants. + O. P. No.-2 (1) Ratnu Dhan, aged about 54 years (2) Nouri Devi, aged about 46 years Yes (1) Applicant No.-1 is the father of the deceased. (2) Applicant No.-2 is the mother of the deceased. 25 years (unmarried) —— Upper Hatia, P.S.-Jagarnathpur, District- Ranchi, Jharkhand Village-Kundi, P.O.+ P.S.-Khunti, District- Khunti, Jharkhand(a) (b) Monthly income of the deceased. Nature of the injuries sustained and disablement caused. Date, time and place of accident. Registration Mark of the Motor Vehicle involved in the accident Name and Address (if known) of Driver of the Motor Vehicle Owner of Motor Vehicle Rs.10,000/- (Labour) Grievous injuries on different parts of the body which caused death on spot. On 05.02.2021 at about 11 A.M., near Seradih on Main Road, Murhu, P.S.-Khunti, District- Khunti. JH-01CX-1565 (Tanker) Not Known = Indraprasth Petroleum, 4/C, Rinku Roy, At Birsa Chowk, H.E.C. Check Post, Ranchi, District — Ranchi- 834004 (Owner of the Tanker No.- JH- 04CX-1565)(c) 10. Insurer of the Motor :- gajaj Allianz General Insurance Vehicle, Co. Ltd. Brief Particulars of the Accident : (i) (ii) 5" Floor, Pranami Heights, Circular Road, Lalpur, P.S.- Lalpur, Ranchi - 834001 (Insurer of the Tanker No.-JH- O1CX-1865) That on 05/02/2021, the deceased Ladulal Oraon @ Ladulal Dhan was returning back from Village — Kamta to his own village — Kundi with Birsa Hembrom besides the road on foot on Murhu Main Road. In the meantime an oil tanker bearing Registration No.- JH-01CX-1565 was coming from Khunti, the driver of the said tanker driving the vehicle very rashly and negligently and uncontrolled speed resulted the driver dashed the deceased from behind. The deceased received gravious injuries and died on spot. That Dr. of Sadar Hospital, Khunti conducted the post mortem of the body of the deceased That the driver of the said vehicle No.- JH-01CX-1565 was driving the vehicle in a rash and negligent manner and uncontrolled speed under the authority of the(iv) (v) (vi) (vii) (viii) owner and this was the cause of accident and death of the deceased. That the applicants are the legal heirs and successors of the said deceased. That because of sudden demise of the deceased, the applicants have lost all hope of life and they are also to going to suffer huge pecuniary loss apart from that applicants are suffering from serious and acute mental agony for which they are liable to be compensated by the opposite party Zs That the applicants are suffering irreparable loss both pecuniary and non-pecuniary as well as mental agony. That the opposite parties are jointly and severally liable to pay compensation prescribed Section 166 of the M.V. Act, 1988 with 9% interest from the date of accident till the date of realization, _———— That earlier the applicants have not filed any compensation case u/s 140, 166 of the M.V. Act before this court nor any other court within India. .—___12. Quantum of Compensation claimed and basis thereof :- (i) Rs. 15,00,000/- (Rupees Fifteen Lakhs) only under Section 166 of the M.V. Act. (ii) Interest @ 9% per annum from the date of filing of the case. (iii) The cost of the cases. (iv) The compensation has been claimed on the basis of deceased was 25 years old labour and his monthly income was Rs. 10,000/-. 7 Grounds on which compensation is claimed :- (i) That the cause of action arose on 05/02/2021 in the morning against the owner and insurance company of the vehicle Tanker bearing Reg. No.- JH-01CX-1565 when the accident took place and Ladulal Oraon @ Ladulal Dhan got injured and died. The compensation is claimed on the ground that deceased was only 25 years old unmarred man and he was a labour and his monthly income was Rs. 10,000/- (Ten Thousand). 13. Whether demand for :- Not made compensation have been made, if so from who and with result14. If claim for compen- Not applicable. sation is not made within sixty day of accident, the grounds thereof. It is hereby solemnly affirm and declare that the particulars given above are true and correct to the best of our knowledge and belief. Place : Rn eky Date: )}<2°?! =AFFIDAVIT |, Ratnu Dhan, aged about §4 years, S/o Bisa Dhan, resident of Village- Kundi, P.O. + P.S.-Khunti, District-Khunti (Jharkhand), at present at present resident of Upper Hatia, oan > p.S:Jagarathpur, District- Ranchi, Jharkhand, do hereby solemnly affirm and declare thatthe statements contains in this casé-are explained to me in Hindi and same are found to be true and correct to the best of my knowledge and belief. Sworn and signed this affidavit on ./.% February, 2021 at ere ee Ranchi. je sePy 1 a AS é ms pity TRF marae ;