IN THE COURT OF THE HONOURABLE VI ADDITIONAL

DISTRICT JUDGE [MACT] AT GODAVARIKHANI

M. V. O. P. No. OF 2016
Between:-

1] Matla Vignatha, W/o. Late Praveen Kumar, aged 27 Years,

Occ: House-Hold,

2] Matla Amanya Chandra, D/o. Late Praveen Kumar, aged 1 ½

Years,

3] Matla Rambai, W/o. Late Chandraiah, aged 52 Years,

All are residents of H. No. 20-1-41, Bus Stand Colony,

Godavarikhani, Ramagundam Mandal, Peddapalli District,
…Petitioners
//AND//

1] Mohd. Dasthagiri, S/o. Rajmohammad, 46 Years, Dudekula,

Occupation: - Driver of Tipper bearing No. AP-20-TA-6401, R/o. H.
No. 20-2-504, Gandhi Nagar, Godavarikhani, Ramagundam Mandal,
Peddapalli District,

2] Kamineni Ramnaiah, S/o. Nagaiah, Age: - Major, Occupation: -

Owner of the Tipper bearing No. AP-20-TA-6401, R/o. H. No. 5-125,
Dr. Rajabapaiah Street, Sathupally, Khammam District,

3] The Oriental Insurance Company Ltd., [Policy bearing

No.182394/31/2016/363, up-to 05-01-2017]
…Respondents

PETITION UNDER SECTION 166 (1) (c ) OF M.V. ACT.

May it please your Honour,

The description of the petitioners is the same as shown in the

above cause title for service of summons, notices, etc., on the
petitioners.

The description of the respondents is the same as shown in the

above cause title for service of summons, notices etc., on the
respondents.

The above named Petitioners do hereby apply for grant of

compensation, being the legal heirs of Matla Praveen Kumar on
account of his death in a motor vehicle accident which occurred on
09-04-2016 at 04-30 hrs., at near Ellamma temple, Andugulapalli on
Rajiv Rahadari, with an Tipper, bearing No. AP-20-TA-6401 of
respondent no. 1, who is Driver and respondent no. 2 is the owner of
the said Vehicle and the vehicle is insured by respondent no. 3 at the
time of accident occurred.
… Continued 2nd Page
 2

Necessary particulars in respect of the vehicle and injured etc., are as

under:
1 Name of the Deceased : Matla Praveen Kumar
2 Full address of the Deceased : Matla Praveen Kumar,
S/o. Chandraiah, 30 Yrs, SC
(Madiga), R/o. H. No. Qr. No. ST2-
260, Bus Stand Colony,
Godavarikhani, Peddapalli District.
3 Age of the Deceased : 30 Years
4 Occupation of the person : Videographer
Deceased
5 Name and address of the : --
employer of the Deceased
6 Monthly income of the : Rs. 20,000/- per month
Deceased.
7 Does the person in respect of : No
whom compensation is claimed
pay Income Tax.
8 Place, date and time of : 09-04-2016 at 04-30 Hrs. at near
accident. Ellamma temple, Andugulapalli,
Peddapalli District.
9 Name and address of the Police :
station in whose jurisdiction the Police Station, Basanthnagar
accident took place or was
registered.
10 Was the person in respect of : Deceased was proceeding in swift
whom compensation is claimed Dezire car bearing No. TS-02-EJ-
traveling by the vehicle involved 2413.
in the accident, if so give the
name of place of starting of
journey and destination.
11 Nature of injuries sustained and : --
continuing effect if any of the
deceased.
12 Name and address of the : Dr. B. Mahender Kumar, Civil Asst.
Medical Officer who attended on Surgeon, Govt. Community Hospital,
the person injured. Peddapalli, Conducted autopsy over
the dead body
13 Nature and period of treatment : --
and expenditure if any incurred
thereon to be supported by
documentary evidence.
14 Disability for work if any. : Died
15 Registration number and the : Tipper bearing No. AP-20-TA-6401.
type of vehicle involved in
accident.
16 Name and address of the owner : Kamineni Ramnaiah, S/o. Nagaiah,
of the vehicle. R/o. 5-125, Dr Rajabapaiah Street,
Sathupally, Khammam.
17 Name and address of the Insurer : The Oriental Insurance Company
of the vehicle. Ltd., (Insurance in force at the time
of Accident.)
18 Has any claims been lodged with : No.
the owner/ insurer and if so.
With what result.
19 Whether the person injured had :
been involved in any road
accident earlier (in case he was No.
details of the accident should be
set out.)
 3

:
Whether the persons injured had
20 preferred claim for damage if
No.
any case earlier, and if so, with
what result.
21 Name and address of the : As shown in the cause title.
applicant
22 Whether he is related to he has : No.
known the respondent and if so,
how?
23 Relationship with the deceased/ : Petitioner No.1 is the wife and
injured. Petitioner No.2 is Daughter and
Petitioner No.3 is mother of the
deceased
24 Title to the property of the : Being the legal heirs of the person
deceased and property
25 Amount of compensation : Rs.40,10,000/-
FOR SPECIAL DAMAGES: :
(Particulars of loss and
expenditure)
a). Loss of earning : Rs.36,00,000/-
b) Partial loss of earning from : --

c) Transport to Hospital : Rs.50,000-00

d) Extra nourishment and : --
medicines.
e) Damages to clothing and : Rs.10,000-00
articles.
GENERAL DAMAGES: :
a) Compensation for pain and : Rs. 50,000-00
suffering.

}
b) Compensation for loss of :
earning power and loss to the
estate of the deceased
c) Compensation for loss of love :
and affection and guidance Rs.2,00,000/-
d) Compensation for mental :
agony and suffering and for loss
of love and affection.
e) Compensation for loss of : Rs.1,00,000/-
consortium
26 Any other information that may : The Petitioners above named
be necessary or helpful in the submits their claim petition in the
disposal of the claim following paras.

The above named Petitioners submit their claim petition as follows:

1] The Petitioner No. 1 is the wife; the Petitioner No. 2 is the

Daughter, the Petitioner No. 3 is the mother of the deceased Matla
Praveen Kumar, who died in an accident which occurred on 09-04-
2016. These Petitioners are the only legal heirs and Dependants on
the earnings of the deceased, except these petitioners there are no
legal heirs to the deceased.
… Continued 4th Page
 4

2] The Deceased was aged 30 years and was hale and healthy.
He was working as a Videographer, and was earning Rs. 20,000/- per
month and the same was contributing for the maintenance of his
family being the sole earning member.

3] That on 08-04-2016 at 15.00 hrs the Md. Ravoof (D-1 as per

charge sheet), M. Praveen Kumar (D-2 as per charge sheet) and Md.
Bashu (LW2 as per charge sheet) went to Karimnagar in Swift desire
car bearing No. TS-02-EJ-2413 for video coverage a marriage
function, as Md. Ravoof (D-1) is the driver of the said swift and M.
Praveen Kumar (Deceased in this petition) and Md. Bashu are the
videographers. After video coverage of the function, on 09-04-2016
in the early morning while they were returning to Godavarikhani from
Karimnagar in the same car on the way at about 04.30 hrs when they
reached near Ellamma Temple, situated on Rajeev road at the
outskirts of Andugulapalli Village, the respondent no.1 (driver of the
Tipper bearing no. AP-20-TA-6401) drove from Godavarikhani to
Peddapalli in rash and negligent manner and suddenly takes ‘U’ turn
towards Godavarikhani side without taking precautionary measures,
indicate indicators and signals and dashed to the car, as a result
deceased (Matla Praveen Kumar) and other passengers received
grievous injuries and the car completely damaged. Immediately, the
deceased was shifted to Govt. Hospital, Peddapalli in 108 ambulance
for treatment. Due to critical condition the Doctor referred the
deceased to Hyderabad and the deceased was shifted to Yashoda
Hospital, Hyderabad at 12.00 hrs, the Doctor examined the deceased
and declared that, he was already died. That the accident was
occurred due to the sheer rash and negligent driving of the
respondent no.1 and the said crime vehicle has insurance.

4] That, on receipt of the complaint the Police, Basanthnagar has

registered the case in Cr. No. 55/2016, U/s.304-A IPC. Later it was
altered as U/s. 304-A IPC, Sec. 338 of IPC.

… Continued 5th page

 5

5] That, the Deceased was aged 30 Years and was hale and
healthy. He was working as a Videographer. Had he not died in the
accident, he would have lived for about 70 years more and he would
have obtain any government job or he would have continued his
profession as a Videographer, he would earn not only a prescribed
period, he would have earn up-to his lifetime and he would earn
atleast Rs.20,000/- per month now a days and would have
maintained his family with his earnings by contributing his entire
income. That due to the sudden death of the deceased the Petitioner
No. 1 who is the wife of the deceased lost her husband consequently
lost the company and support and lost consortium of the deceased.
The Petitioner No. 2 is daughter of the deceased, had lost love and
affection of her father. Petitioner no. 3 is mother of the deceased, had
lost love and affection of her son and mental support to her. Had the
deceased is alive he would have provided medical facilities to them.
The Petitioners are completely depending on the earnings of the
deceased. Due to the sudden demise of the deceased the Petitioners
lost their future support, Guidance, Security, dependency, source of
income, and contribution of the deceased. The death of the
deceased has occasioned great loss to the estate of the deceased.
These Petitioners have received grave mental shock and suffered
with great mental agony and there arose loss of earnings and
contribution of the deceased to them. The Petitioners claiming a
total compensation of Rs. 40,10,000/- (Rupees Forty Lakhs Ten
thousand only) all counts against the Respondents No.1 to 3
including the compensation under section 140 of M. V. Act.

6] That, the person who caused the accident in his rash and
negligent driving of the Tipper, is the driver who is the respondent
No. 1 and respondent No. 2 is the owner of the said vehicle and
respondent No. 3 is the insurer of the said vehicle. As such the
Respondents are jointly liable to pay the compensation to the
Petitioners.
 6

7] JURISIDICTION :

That, the deceased (Matla Praveen Kumar) was residing at

Godavarikhani which is under the limits of this Hon’ble Court
jurisdiction and this Hon’ble Court is competent to entertain this
petition. Hence, this Hon’ble Court having jurisdiction to deal with this
case.

8] LIMITATION:

That the petition is filed within limitation, as no limitation is

contemplated U/Section 166 of M.V. Act.
This is the first and only claim petition filed by the petitioners.
There is no other petition pending or filed by these petitioners in this
court or any other court.

9] COURT FEE ;

A court fee of Rs. is paid Under Rule 475 (1) (b) of A.P.
Motor Vehicle Rules and the same is paid which is sufficient. The
said court fee of Rs. is deposited on -12-2016 in
favour of VI Addl. District Judge in S.B. A/c. No. of State
Bank of Hyderabad, Municipal Complex Branch at Godavarikhani and
the deposit voucher to the said effect is filed herewith.

:P R A Y E R:

A) It is therefore prayed that the Hon’ble Court may be pleased to

pass an award with costs awarding compensation of Rs.40,10,000/-
to the Petitioners, payable by the Respondents herein, with jointly
liable together with interest at the rate of 18% per annum from the
date of this petition, till the realization of the amount.

b) To award interest and costs of the petition.

c) To grant any further or other relief for which the petitioners are
other wise entitled to.

Date: -12-2016

Petitioner No. 1 Petitioner No. 2 Petitioner No. 3

 7

:VERIFICATION:

We, the above named Petitioners solemnly declare that what

we stated in the above paras of the petition are true and correct to the
best of our knowledge and belief, hence verified on this the day of
December, 2016 at Godavarikhani.

Petitioner No. 1 Petitioner No. 2 Petitioner No. 3

Through:

[S.SANJAY KUMAR]
Counsel for the Petitioners
8

IN THE COURT OF HON’BLE

VI ADDL. DISTRICT JUDGE
[MACT]
AT GODAVARIKHANI.

M. V. O. P. No. OF 2016

Between:

M. Vignatha and 2 Others

…Petitioners

AND

Md. Dasthagiri and Others

…Respondents.

PETITION U/S.166(1)(c)
OF M.V. ACT.

Filed on :

Filed by :
 9

BEFORE THE HON’BLE VI ADDITIONAL DISTRICT COURT (MACT) AT

GODAVARIKHANI.

M.V.O.P. NO. OF 2016

Between:-
1. Matla Vignatha, W/o. Late Praveen Kumar, aged 27 yrs, Occ: Household.
2. Matla Amanya Chandra, D/o. Praveen Kumar, aged 1 year 6 months.

3. Matla Rambai W/o. Late Chandraiah, aged 52 yrs,

All are residents of H.No.20-1-41, Bus stand colony, Godavarikhani,

Ramagundam Mandal, Peddapalli District.
…Petitioners.
AND

1. Mohd. Dasthagiri, S/o. Rajmohammad, 46 years, Dudekula, Occ: Driver of

Tipper bearing no. AP-20-TA-6401, R/o. H. No.20-2-504, Gandhi Nagar,
Godavarikhani, Ramagundam Mandal, Peddapalli District,

2. Kamineni Ramnaiah, S/o. Nagaiah, Occ: Owner of the tipper bearing No.
AP-20-TA6401, R/o. H. No.5-125, Dr. Rajabapaiah street, Sathupally,
Khammam District,

3. The Oriental Insurance Company Ltd.,

[Policy bearing no.182394/31/2016/363, up-to 05-01-2017]
…Respondents.
AFFIDAVIT

I, Matla Vignatha, W/o. Late Praveen Kumar, aged 27 yrs, R/o. Qr. No. ST2-260,
Bus Stand Colony, Godavarikhani, Ramagundam Mandal, Karimnagar District,
do hereby state on oath as follows:

1) That, I am the petitioner No.1 and wife of the deceased in the above case.
As such, I know the facts of the case and I am giving this Affidavit on
behalf of all the petitioners.

2) That, my husband late Matla Praveen Kumar died in an accident on 09-

04-2016 at near Ellamma temple, Andugulapalli on Rajiv Rahadari,
Karimnagar District. I have not filed any claim petition earlier before any
court or authority and this is my first and only claim petition filed for the
compensation. No other claim petitions or any proceedings are pending in
any court in India. Hence, this affidavit.
DEPONENT

Sworn and signed before me that the contents of the above affidavit are
admitted by the deponent to be true and correct to the best of her knowledge,
belief and information, Hence, verified on this the day of December 2016 at
Godavarikhani.

Identified by Verified by

[ S.SANJAY KUMAR] ]
Advocate, Godavarikhani.
 10

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBNUNAL-CUM-

VI ADDITIONAL DISTRICT COURT AT GODAVARIKHANI.

M.V.O.P. NO. OF 2016

Between:-
Matla Vignatha & others
…
Petitioners.
AND

Md.Dasthagiri & others.

…
Respondents.

LIST OF DOCUMENTS
Sl. Date of Parties to No. of
Description of the document
No. Document document Papers
1 09-04- Petitioner Copy of FIR No.
3
2016
2 -- Petitioner Copy of Charge Sheet 5
3 -- Petitioner Copy of Crime details Form-54 1
4 -- Petitioner Copy of Rough sketch of Scene 1
5 09-04- Petitioner Copy of requisition of police &
2016 Medical Examination issued by Govt. 1
Area Hospital, Mancherial

Counsel for petitioner.

 11

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBNUNAL-CUM-

VI ADDITIONAL DISTRICT COURT AT GODAVARIKHANI.

M.V.O.P. NO. OF 2016

Between:-
Matla Vignatha & others
…
Petitioners.
AND

Md. Dasthagiri & others.

…
Respondents.
MEMO

In the above case, an amount of Rs. -00 paid in the above O.P.,
payable towards Court fee is credited to the A/c. No. 62237887784 State Bank of
Hyderabad of Municipal Complex Branch, Godavarikhani in favour of VI Addl.
District, Godavarikhani, the same may be accepted as Court Fee in the above
case.
 12

NOTICE
From of Summons 0.5 Rule 1&5 Of The Code Of Civil Procedure
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL – CUM –
VI Addl. DISTRICT JUDGE, AT: GODAVARIKHANI
M.V.O.P. NO. OF 2016

Between:-
Matla Vignatha & others
…
Petitioner.
AND

Md.Dasthagiri & others.

…
Respondents.
To,

1. Mohd. Dasthagiri S/o.Rajmohammad, 46 years, Dudekula, Occ: Driver of Tipper

bearing no. AP-20-TA-6401, R/o.H.No.20-2-504, Gandhi Nagar, Godavarikhani,
Ramagundam Mandal, Peddapalli District.

2. Kamineni Ramnaiah, S/o.Nagaiah, Occ: owner of the tipper bearing no.AP-20-

TA6401, R/o.H.No.5-125, Dr.Rajabapaiah street, Sathupally, Khammam District.

3. The Oriental Insurance Company Ltd.,

Petition Presented on :
Petition filed on:
Notice issued on:

Whereas on this …………..day of June, 2016 the above name petitioner filed a
petition U/Sec.166 (1) (c) of M.V. Act . against the respondents for communication lines
of the accidents occurred.
You are here by summoned to appear in this court in the person or by a pleader duly
instructed and able to answer all material questions relating to the claim on the day of
……………..…..………10:30am
1. To answer the claim and you are directed to produce on the day all the documents upon
which you intend to rely support your defense.
2. To state whether you contest or do not contest the claim and if you contest to receive
direct on of court as to the date of trail on which you have to file the written statement,
the date of trail and other mattes take notice the in event of the claim not being contested
the result decided at one.
3. To answer the claim and at the filed for your appearance appointed for the final
disposal of the suit you must be prepared to produce to that day all the witness upon
whose evidence and all the documents upon which you intend to rely in support your
defense.
4. To also taken notice that in default of your filling an address for service before the day
aforementioned you are liable to have your defense struck over take notice that in default
your on the day (one day) before mentioned that suit.

Given under my hand and seal of the court, this the day……..August, 2015.

//By order//

Attested Superintendent

Advocate for the Petitioner

NB: Copy of the petition filed by the petitioner accompanies this notice.
 13

IN THE COURT OF THE HON’BLE VI ADDL. DISTRICT JUDGE

AT GODVARIKHANI

M. V. O. P. NO. OF 2016

Between:-

Matla Vignatha and others

… Petitioners
//AND//

Md. Dasthagiri & 2 Others.

… Respondents
PROCESS FILED BY THE PETITIONERS
PLACE
FOR
DATE
NAME OF AFFIXI
OF PURPOSE VALUE
THE PARTY NG
FILING
STAMP
S

PETITIONERS
- TO ISSUE NOTICE
TO RESPONDENT.
06-2016

It requested to issue process accordingly.

Godavarikhani.
DATED: COUNSEL FOR THE PETITIONERS