IN THE COURT OF SH, B.S CHUMBAK ,JUDGE MACT, DELHI.

IN REF

SH HARISH CHANDER MIGLANI V/S ANIL & OTHERS

DOH- 18 /12 /13.

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF ON PETITIONER WITNES Sh HARISH

CHNANDER MIGLANI

I HARISH CHANDER MIGLANI S/O AMAR NATH 54 YRS R/O H.N. X/2067 RAJGARH
COLONY GALI NO—4 GANDHI NAGAR .Delhi do HEREBY SOLEMNLY AFFIRM AND DECLARE A
UNDER:

(1). That Deponent is Petitioner in the above noted matter and petitioner is Complainant in FIR NO.
399/12.PS.,GANDHI NAGAR 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
petitioner FIR NO. 399/12., PS. GANDHI NAGAR, was recorded. That content of DAR filled by
IO of PS- GANDHI NAGAR may be treated as my petition and contents of Petition may kindly be read
as part and parcel of this affidavit.

2 That on 22//12/12 at about 11:00 a.m. in the morning, when the petitioner was DRIVING HIS
SCOOTY BEARING NO- DL-7SBG- 5094 ON correct side of the road at a moderate speed quiet
cautiously and when he reached GALI NO- 3 RAJGARH CONLY X-ING GANDHI NAGAR DELHI .
suddenly a TSR Bearing no. DL-1RG-8287 being driven by respondent no.1/Driver rashly and
negligently at a high speed came from WRONG SIDE and hit the petitioner. As a result petitioner
sustained serious and grievous injuries and immediately taken to the GOYAL. Hospital in a pathetic
condition and a criminal case has been registered in Police Station GANDHI NAGAR Delhi U/s
279/338 IPC, FIR no. 399/12, the respondent no.1 was driving the offending TSR Bearing no. DL-
1RG--8287at 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 to deponent Doctrine of Res locuter applies.

3. The Petitioner immediately admitted in GOYAL Hospital, on 22/12/112 and discharged after
treatment, his condition was critical so he was again admitted in GOYAL. Hospital on 22/12/13 and
discharged on 23/12/12 AND HE WAS TAKING VARIOUS HOSITAL TREATMENTS after surgery
and strict advice for complete bed rest and expenditure incurred Rs. 50,000/- and still much more is
going to spending on him. That the petitioner sustained NOSAL BONE FRAUTURE WITH CLW
WITH MULTIPLE ABRASION other Grievous Injuries as per Medical Records.. Various treatment
are given AND to petitioner by different doctors as per treatment record the same may be read as
part and parcel of this affidavit. The deponent sustained permanent disability in the accident.

4. That injured/petitioner is still under the regular treatment of Hospital SEVERAL major
operations already been conducted on the body of the injured/petitioner and it is very
likely that the injured/petitioner will further be operated and treated, as the injuries are
still not cured. The doctors have advised him for further regular check up and
operations in near future. HE bed ridden and has been advised complete rest, that the
Petitioner has already spent a sum of Rs.100,000/- on treatment and the Petitioner is still under
treatment of the Hospital and is supposed to make payment in respect of tests and medicines
etc.and the petitioner is still under treatment of the Hospital as fracture had not united till date and
suffered permanent disability Various treatment are given to petitioner by different doctors as per
treatment record and still much more is going to spending on him as fracture is still ununited medical
bills and record may be considered

5. That petitioner possessed good health before the accident the petitioner was running a jewellery
shop and IN THE NAME OF M/S HARISH AND JEWELLER Earring 20000 / pm but the accident
has totally curtailed his working capacity and due to this serious injuries he was unable to handle
his shop/business/work on 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
Was Bed Ridden And Appointed And Engage Attendant To Look After Him And Paid
Salary To Attendant @ Rs.3,000/- Per Month For EIGHT Months. The accident has totally
curtailed working capacity and entire family is suffering from huge financial crisis. In addition to
mental and physical sufferings. PETITIONER incurred expenses on conveyance etc. amounting to
Rs.25,000/-. had to take extra nutritious diet and has incurred expenditure on the same amounting
to Rs.25,000/- I suffered permanent disability in the accident.

(6). That the Petitioner Has claimed the compensation for RS 10,00,000/- (RUPEES TEN LACS
ONLY.), as per the injuries sustained by the Petitioner along with interest @18% p.a. from the date
of the accident till date of payment . 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.
(7) That Deponent relied upon the following documents which are exhibited in my statement

Certified/ attested copy of criminal record.

A. Original Bills of treatment and medicines at various hospital

B. DISCHARGE SUMMARY/ prescription at various hospitals
C. Residence / Identity proof / Ration Card of PETITIONER .
D. Photographs of injury OF PETITIONER.
E. Disability certificate of petitioner
F. Income tax returns of deponent

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