In the Court of learned Motor Accident Claim Tribunal, Samba.

Kulwant Singh, S/o Late Sh. Waryam Singh, R/o Raipur Camp, Pangdour, Tehsil
and District Samba.

Verses

Yashpal Sharma, S/o Sh. Dawarka Nath, R/o Gho Brahamna, Tehsil Ramgarh,
District Samba and ors.

In the matter of:- Evidence of the petitioner by way of affidavit.

Affidavit

I, Kulwant Singh, S/o Late Sh. Waryam Singh, Age 50yrs, R/o Raipur, Tehsil
and District Samba do hereby solemnly affirm and declare as under:-

1) That, the deponent is the petitioner in the above tiled petition and filed the claim
petition for the permanent disability caused due to injury caused to him in an
accident by the use of Car bearing Chassis No. MALBM51BLJM556844 and Engine
No. G4LAJM907761 took place on 24-07-2018 at Pangdour, Tehsil and District

Samba within the territorial jurisdiction of police Station Samba.

2) That, the deponent / petitioner at the time of the accident is of the 45 year old and
doing the business of dairy farm and supplying milk at samba town door to door. In
addition to the dairy farm deponent/ petitioner is also earning from agriculture
activity as he owns the agriculture land in village Raipur camp (Pangdour), Tehsil
District samba. Total earning of the deponent is Rupees Twenty five thousands per
month. The copy of the driving licence for age proof is annexed as annexure

3) That, due by the rash and negligent driving of the driver of the car Yashpal,
deponent suffer spine injury which resulted into a permanent disablement of
Seventy five percent. Deponent took the treatment first from govt. hospital Jammu
and thereafter from Amandeep hospital Amritsar and incurred an expenses of
rupees Ten lakhs fifty thousand. The deponent has undergone multiple surgeries at
Amandeep Hospital. Even after the discharge from the Amandeep Hospital the
deponent still incurring an expense of an amount Rupees Twelve Thousand per
year for regular check-up and future management of the injury caused in the said
accident. The disability certificate issued by the C M O samba is annexed with the
file. Medical record with respect to the treatment and the bills of the amount incurred
at Amandeep hospital along with discharged certificate is annexed with the file.
4) That, due to the injuries caused in the said accident, the deponent / petitioner is not
able it perform his day-to-day activities of livelihood such as dairy farming and
agricultural activities. During the period of treatment all the family members are
involved in taking care of the deponent/ petitioner, and there was no member in the
family to look after the animals kept for dairy farming. Due to these circumstances
the deponent/petitioner has to sold all his animals and to shut his business of dairy
farming. Due to spine injuries the deponent/ petitioner is not able to move properly
and cannot stand for a long time on his own, due to which his agriculture activities
are also stopped. In these circumstances all the sources of the livelihood was
closed and causing a loss of Rupees Twenty five thousands per month.

5) That, the deponent/petitioner also incurred debt from their relatives to defray the
expenses of treatment and they are burden with the interest of said loans. There
was no other member in the family who is earning and the entire family are
dependent on the deponent / petitioner. Due to which whole of the family is left to
live the life of beggary. Due to the said accident whole of the family was upset,
distressed and under shock.

6) That, the aforesaid accident has been caused by the rash and negligent driving of
the driver Yashpal. In the said accident not only the deponent / petitioner got injuries
but his father Sh.Waryam Singh was also succumbed to the injuries. The certified
copy of the Challan is annexed with the file.

7) That, deponent / petitioner for his life time has to depend on someone for his day-to-
day activities and has to take service of some other person and has to incurred
future medical expenses of rupees ten lakhs fifty thousand along with a expense on
special diet etc. An expenses of Rupees 3000 per month accrued for taking the
service of third person for whole life.

It is therefore humbly prayed that a total sum of rupees five core fifty five
lakhs as a compensation along with an interest at the rate of 12 % for the
permanent disablement caused to the deponent/ petitioner due to accident caused
by the rash and negligent driving of driver of the car.

Deponent
Verification:-
Verified by me at Samba on 20th October 2021 that the averments made in the
above affidavit are true and correct.

Deponent
 In the Court of learned Motor Accident Claim Tribunal, Samba.

Kulwant Singh, S/o Late Sh. Waryam Singh, R/o Raipur Camp, Pangdour, Tehsil
and District Samba.

Verses
Yashpal Sharma, S/o Sh. Dawarka Nath, R/o Gho Brahamna, Tehsil Ramgarh,
District Samba and ors.

In the matter of: - Evidence by wife of the petitioner by way of affidavit.

Affidavit

I, wife of Kulwant Singh, S/o Late Sh. Waryam Singh, Age 50yrs, R/o Raipur,
Tehsil and District Samba do hereby solemnly affirm and declare as under: -

1) That, the deponent is the wife of the petitioner in the above tiled petition and
filed the claim petition for the permanent disability caused due to injury
caused to her husband in an accident by the use of Car bearing Chassis No.
MALBM51BLJM556844 and Engine No. G4LAJM907761 took place on 24-
07-2018 at Pangdour, Tehsil and District Samba within the territorial
jurisdiction of police Station Samba.

2) That, the petitioner at the time of the accident is of the 45-year-old and doing
the business of dairy farm and supplying milk at samba town door to door. In
addition to the dairy farm petitioner is also earning from agriculture activity as
he owns the agriculture land in village Raipur camp (Pangdour), Tehsil
District samba. Total earning of the petitioner is Rupees Twenty-five
thousand per month. The copy of the driving licence for age proof is annexed
as annexure.

3) That, due by the rash and negligent driving of the driver of the car Yashpal,
petitioner/ husband of the deponent suffers spine injury which resulted into a
permanent disablement of Seventy five percent. The deponent was present
at the time of the treatment of the petitioner. Petitioner took the treatment first
from govt. hospital Jammu and thereafter from Amandeep hospital Amritsar
and incurred an expenses of rupees Ten lakhs fifty thousand. The petitioner
has undergone multiple surgeries at Amandeep Hospital. The deponent kept
going to the hospital for the treatment of the petitioner. Even after the
discharge from the Amandeep Hospital the petitioner still incurring an
expense of an amount Rupees Twelve Thousand per year for regular check-
up and future management of the injury caused in the said accident. The
 disability certificate issued by the C M O samba is annexed with the file.
Medical record with respect to the treatment and the bills of the amount
incurred at Amandeep hospital along with discharged certificate is annexed
with the file.

4) That, due to the injuries caused in the said accident, the petitioner is not able
to performs his day-to-day activities of livelihood such as dairy farming and
agricultural activities. During the period of treatment, the deponent and all the
family members are involved in taking care of the petitioner, and there was
no member in the family to look after the animals kept for dairy farming. Due
to these circumstances the petitioner has to sold all his animals and to shut
his business of dairy farming. Due to spine injuries the petitioner is not able to
move properly and cannot stand for a long time on his own, due to which the
agriculture activities are also stopped. In these circumstances all the sources
of the livelihood were closed and causing a loss of Rupees Twenty-five
thousand per month.

5) That, the petitioner also incurred debt from their relatives to defray the
expenses of treatment and they are burden with the interest of said loans.
There was no other member in the family who is earning, and the entire
family are dependent on the petitioner. Due to which whole of the family is left
to live the life of beggary. Due to the said accident the deponent and the
other members of the family was upset, distressed and under shock.

6) That, the aforesaid accident has been caused by the rash and negligent
driving of the driver Yashpal. In the said accident not only, the petitioner got
injuries, but the father-in-law of deponent Sh. Waryam Singh i.e., father of the
petitioner was also succumbed to the injuries. The certified copy of the
Challan is annexed with the file.

7) That, the life of the petitioner for his lifetime has to depend on someone for
his day-to-day activities and has to take service of some other person and
has to incurred future medical expenses of rupees ten lakhs fifty thousand
along with an expense on special diet etc. An expenses of Rupees 3000 per
month accrued for taking the service of third person for whole life.

It is therefore humbly prayed that a total sum of rupees five core fifty-five
lakhs as a compensation along with an interest at the rate of 12 % for the
permanent disablement caused to the petitioner due to accident caused by the rash
and negligent driving of driver of the car.

Deponent
Verification: -
Verified by me at Samba on 20th October 2021 that the averments made in the
above affidavit are true and correct.

Deponent
In the Court of learned Motor Accident Claim Tribunal, Samba.
Kulwant Singh, S/o Late Sh. Waryam Singh, R/o Raipur Camp, Pangdour, Tehsil
and District Samba.

Verses

Yashpal Sharma, S/o Sh. Dawarka Nath, R/o Gho Brahmana, Tehsil Ramgarh,
District Samba and ors.

In the matter of: - Evidence of the witness by way of affidavit.

Affidavit

I, Jagir Singh, S/o Hans raj, Raipur camp, District Samba, Pangdour, Jammu
do hereby solemnly affirm and declare as under: -

1) That, the deponent is witness in the above titled petition, it is relevant to

mention here the relation of the deponent with the petitioner. The deponent
and the petitioner both are from the same village Raipur camp (Pangdour),
tehsil district samba. The deponent already knows the petitioner as they have
same belonging region also as he owns the business of dairy farming and
supply milk at samba town door to door.

2) That, on 24-07-2018 at Pangdour the deponent was working in his own land
when the accident took place and saw everything that happened at that time.
That the driver Yashpal was driving the car rashly and negligently due to
which the accident took place. After seeing all this the deponent ran towards,
where the accident happened and saw that the petitioner was seriously
injured, and father of the petitioner Sh. Waryam was succumbed with injuries
by the negligence of the respondent. Along with some other people,
deponent took the petitioner and father of the petitioner first to the Govt.
Hospital Jammu and admit the petitioner and father of the petitioner there,
after that informed the family member of the petitioner about the accident.

3) That, due by the rash and negligent driving of the driver of the car Yashpal,
petitioner suffer spine injury which resulted into a permanent disablement. As
to the said accident the petitioner is not able to perform his day-to-day
activities of lifetime also petitioner is unable to perform activities for his
livelihood such as dairy farming and agricultural activities which is the only
way of earning for him and for the family.

4) That, the aforesaid accident petitioner was compelled to shut the business of
dairy farming as no other single person in the family was there other than him
to look into the business of dairy farming and to supply milk at samba town
door to door which incurred a huge financial loss to the petitioner and to his
family.

5) That, the family of the petitioner is well known reputed family and was happily
living their life before the accident, due to the aforesaid accident which has
 been caused due to the negligent and rash driving of the car driver Yashpal
not only the petitioner is suffering from the injuries and trauma, but the family
is also upset, depress and under shock.

6) That, the petitioner, and his family is struggling from financial stress and
mental health conditions as the petitioner and his family are under the burden
with the interest loans that they took for the treatment of the petitioner.

It is therefore humbly prayed that the sum amount of compensation along with an
interest should be given for the permanent disablement caused to the petitioner due
to accident caused by the rash and negligent driving of driver of the car.

Deponent

Verification: -
Verified by me at Samba on 20th October 2021 that the averments made in the
above affidavit are true and correct.

Deponent