MACT Petition

BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL DLEHI NORHT
DISTRIC, ROHINI COURTS NEW DELHI

MACT Petition No. ______ 2023
Mrs. Sanyogita Devi & Anr PETITIONERS
VERSUS
Buta sing & Ors RESPONDENTS
INDEX
S.NO. PARTICULARS PAGES

1. MEMO OF PARTIES
2. APPLICATION UNDER SECTION 166 & 140 OF
THE MOTOR VEHICLES ACT ALONG WITH
SUPPORTING AFFIDAVIT
3. INTERIM APPLICATION ON BEHALF OF THE
PETITIONER ALONGWITH SUPPORTING
AFFIDAVIT
4. LIST OF DOCUMENTS ALONG WITH
DOCUMENTS
5. VAKALATNAMA
NEW DELHI …APPLICANT

DATED:
THROUGH
ADVOCATE
MANISH BAIDWAN/ ANKIT SHARMA

CH. NO. 169 CH. BLK. II
HIGH COURT OF DELHI
SHERSHAH ROAD, DELHI
EMAIL: baidwanmainsh@gmail.com
9728430911
Sanyogita Devi & Anr PETITIONERS
VERSUS
MEMO OF PARTIES
SANYOGITA DEVI
W/O RAMESH CHAND RANA,
R/O R/O SWAROOP NAGAR,
H BLOCK 507/9
NEW DELHI, DELHI-110042
PERMANENT ADDRESS:
VILLAGE BALIARA POST OFFICE
POLIAN TEHSIL FATEHPUR,
POLIAN (220), KANGRA,
HIMACHAL PRADESH-176025 PETITIONER NO. 1
SHAVETA
D/O RAMESH CHAND RANA,
H BLOCK 507/9
PERMANENT ADDRESS:
HIMACHAL PRADESH-176025
PETITIONER NO. 2.
ARPITA
D/O RAMESH CHAND RANA,
H BLOCK 507/9
PERMANENT ADDRESS:
PETITIONER NO. 3.
ANKIT KUTLEHRIA
S/O RAMESH CHAND RANA,
R/O SWAROOP NAGAR,
H BLOCK 507/9
PERMANENT ADDRESS:
PETITIONER NO. 4.
VERSUS
BUTA SINGH,
S/O MANGU SINGH,
R/O VILLAGE CHAKKAR,
LDH, LUDHIANA-141001 RESPONDENT NO.
1
HDFC ERGO GENERAL

INSURANCE COMPANY LTD. RESPONDENT NO. 2
NEW DELHI …PETITIONERS
DATED: THROUGH
MANISH BAIDWAN/ANKIT SHARMA

CH. NO. 169, CH. BLK. II,
HIGH COURT OF DELHI
9728430911/9810248241
baidwanmanish@gmail.com
VERSUS
UNDER THE SECTION 166 &140 OF THE MOTOR VEHICLE ACT
1988 FOR GRANT OF COMPENSATION ON BEHALF OF THE
PETITIONERS
MOST RESPECTFULLY SHOWETH
1 Name & Father’s Name of the Ramesh Chand Rana s/o Rai Sing
Person injured/dead (Husband’s Rana
Name in case of married women
& widow)
2 Full address of the person H no. 16 Prem Nagar Nathupura, G
injured/dead no. 2, Burari, Nathu pura, North
Delhi, Delhi-110084
3 Age of the person injured/dead 54 years

4 Occupation of the person
injured/dead
5 Name and address of the NA
employer of the injured/dead
6 Monthly income of the person Around Rs. 25,000/-
injured/dead
7 Does the person in respect of NA
whom compensation is claimed
pay income tax? If so, state the
amount of the income tax (to be
supported by documents)
8 Place, date and time of accident (1) Pradhan Hotel Bihari Thana
Derapur, Kanpur Dehat
(2) 02/08/2022
(3) 4:30 pm
9 Brief particulars of the accident On 02/08/2022, the deceased, was
hit by truck PB 10 HJ 1921 near
Pradhan Hotel Bihari in Kanpur. The
negligent collision resulted in serious
injuries. Despite treatment at various
hospitals, the deceased passed away
on 04/08/2022 at Hallett Hospital,
Kanpur. An FIR (no. 0187, dated
02/08/2022) under IPC sections 279
and 304-A was filed at P.S Derapur
1 Name and address of police P.S: Derapur, Kanpur Dehat

0 station in whose jurisdiction the
accident took place or was
registered
1 Was the person in respect of
1 whom compensation is claimed
traveling by vehicle involved in
the accident? If so, give the name
and place of starting the journey
and destination.
1 Nature of injuries sustained and Antemortem in nature
2 disablement, if any, caused
1 Name and address of the Medical
3 Officer/ Practitioner if any, who
attended on the injuries.
1 Period of treatment and Period of Treatment From
4 expenditure, if nay incurred 02/08/2022 to 04/08/2022
1 Registration no. and type of Truck Bearing no. PB 10 HJ 1921
5 vehicle involved in the accident
1 Name and address of the owner of Buta Singh,
6 the vehicle S/O Mangu Singh,
R/O Village Chakkar,
LDH, Ludhiana-141001
1 Name of the driver of the vehicle Buta Singh
7
1 Name and address of the insurer
8 of the vehicle
1 Has any claim been loged with No
9 the owner/ Insurer, if so, with
what result.
2 Name and address of the Sanyogita Devi
0 applicant W/O Ramesh Chand Rana,
R/O Swaroop Nagar, H Block 507/9
New Delhi, Delhi-110042
2 Relationship with the Wife

1 deceased/injured
2 Title of the property of the NA
2 deceased/injured
2 Amount of the compensation Rs. 50,00,000/- (Rs. Fifty Lakhs)
3 claimed and basis thereof
2 Whether report from the police NA
4 and the Registered Authority have
been obtained in Form ‘A’ and
form ‘D’? (If so, to be annexed)
2 Whether affidavit of the Not Known
5 application and witnessed as per
rule 8 are annexed (give details)
2 Whether documents mentioned in No
6 rule 8 are being annexed duly
indexed (give details)
2 Any other information that may The same has already mentioned in
7 be necessary and helpful in the the petition
disposal of the case.
That on most unfortunate day of 02/08/2022, deceased was going to Kataria
Carriers 133/198 TP Nagar, Kanpur in a Truck Bearing no. RJ 09 GB 8895. On
his way to Kanpur Deceased person had parked his truck and stopped at a
roadside Dhaba namely Pradhan Hotel Bihari. As the deceased was walking
towards Dhaba another truck bearing no. PB 10 HJ 1921 in rush and negligent
manner hit him from behind. The driver of the truck was speeding and driving
carelessly, causing the deceased person to fall at the accident site and sustain
serious injuries.
With the help of the people present at the accident site, the deceased was
taken to the district hospital in Akbarpur, Kanpur Dehat. Deceased person
received treatment at the hospital for 2 hours, but upon not getting relief, he was
subsequently admitted to another hospital, namely Anantraj Hospital, Kanpur
Dehat, again after not getting relief, the deceased was further admitted to
Mohan Hospital, Panki, Kanpur. On 04/08/2022 around 4:00 am in the morning
deceased person was taken from Mohan Hospital to Hallett Hospital Kanpur.
On the same day, around 3:30 pm, the deceased passed away due to injuries
sustained in the accident. Thereafter, a FIR no. 0187 dated 02/08/2022, under
section 279,304-A IPC, P.S Derapur has been registered.
PRINCIPLE OF RES-IPSA LOQUITOR IS APPLICABLE IN THE CASE
That his accident has occurred due to the rash and negligent driving of the
Respondent no. 1 he hit the deceased person from his truck due to which
deceased person got serious injuries and died.
At the time of the accident, the deceased was only 54 of age and was possessing
sound mind, health and robust physique and was not suffering from any kind of
ailment. The family of the deceased has suffered a great mental pain, shock and
trauma. The losses caused by the accident cannot be computed in pecuniary
terms. The deceased was sole bread earner of his family and whole family
including parents were completely dependent on him. The family is in a fix
about their future, hopes, old age and thereover all survival.
The respondent no. 1 being the driver and respondent no. 2 insurance company
of the offending vehicle are jointly and severally liable to pay compensation to
the family of the deceased person.
The petitioners therefore, claims a sum of Rs. 50,00,000/- (Rs Fifty lakns) on
account of death of the deceased, mental pain and agony of his family, loss of
income, loss of future income, loss of consortium, loss of enjoyment and other
general and specific damages as admissible under the various provision of the
Motor Vehicles Act along with interest at the rate of 18% per annum from the
date of accident till its realization.
2 Amount of compensation claimed

8 as interim award
2 Reasons for claim of interim
9 award
3 Whether documents mentioned in
0 sub-rule (4) and sub-rule (5) of
rule (20) have been annexed (give
details)
PRAYER
It is therefore prayed that this Hon’ble Court may be pleased to pass the claim
compensation award for the sum of Rs. 50,00,000/- (Rs. Fifty Lakhs) along with
interest of 18% from the date of accident till its realization in favour of the
petitioners and against the Respondents, in the interest of justice
An interim of award of Rs. ________(__________) under section 140 of the
Motor Vehicle Act, 1988 as amended up to date may also be passed in favour of
petitioners.
Any other relief/s as the Hon’ble Court may deem fit and proper in the
circumstances of the case, in the interest of Justice.
DATED: THROUGH

HIGH COURT OF DELHI
9728430911/9810248241
VERIFICATION
Verified at Delhi on this day of December, 2023, that the above said
statement is true and correct to the best of my knowledge and belief and nothing
has been concealed therein
…PETITIONERS
VERSUS
AFFIDAVIT
AFFIDAVIT OF MRS SANYOGITA DEVI W/O LATE RAMESH CHAND
RANA, AGED ABOUT 49 YEARS, R/O SWAROOP NAGAR, H BLOCK
507/9 NEW DELHI, DELHI-110042, do solemnly affirm and declare as under-
1. That the deponent is petitioner no. 1 in the accompanying claim petition.
2. That the deponent has not filed any claim petition for the compensation in
any other court of law in India except the present petition arising out of
Motor vehicle accident.
3. That the present petition has been drafted by my counsel under my
instruction and fully conversant with facts and circumstances of the case.
The contents of the same are not repeated herein for the sake of brevity.
DEPONDET
VERIFICATION
statement is true and correct to the best of my knowledge and belief and
nothing has been concealed therein.
DEPONDET
VERSUS
AFFIDAVIT
AFFIDAVIT OF SHAVETA D/O LATE RAMESH CHAND RANA, AGED
ABOUT 22 YEARS, R/O SWAROOP NAGAR, H BLOCK 507/9 NEW
DELHI, DELHI-110042, do solemnly affirm and declare as under-
DEPONDET
VERIFICATION
DEPONDET
VERSUS
AFFIDAVIT
AFFIDAVIT OF ARPITA D/O LATE RAMESH CHAND RANA, AGED
ABOUT 15 YEARS, R/O SWAROOP NAGAR, H BLOCK 507/9 NEW
DELHI, DELHI-110042, do solemnly affirm and declare as under-
DEPONDET
VERIFICATION
DEPONDET
VERSUS
AFFIDAVIT
AFFIDAVIT OF ANKIT KUTLEHRIA S/O LATE RAMESH CHAND
10.That the deponent is petitioner no. 4 in the accompanying claim petition.
11.That the deponent has not filed any claim petition for the compensation in
12.That the present petition has been drafted by my counsel under my
DEPONDET
VERIFICATION
DEPONDET
VERSUS
APPLICATION FOR AND ON BEHALF OF THE PETITIONER NO.

1,2,3 & 4 FOR INTERIM RELIEF
It is most respectfully showeth,
1. That the petitioners being filed the accompanying petition and the
contents of the same are true and correct to the best of my knowledge and
belief and the same are not being repeated herein for the sake of brevity.
2. That due to the accident caused by the negligent driving of respondent no.
1, the petitioners is has suffered a great monitory loss, loss of enjoyment,
pain, mental and physical agony Moreover, the petitioners are also
suffering from financial crises and are hand to mouth due to said
accident.
3. The great irreparable loss would be suffered to the petitioners, if the
present application has not been allowed.
4. That the balance of convenience lies in favor of the petitioners and
against the Respondent no. 1 and 2 and petitioners are having good prima
facie case in their favor.

PRAYER
It is therefore, most respectfully prayed before this Hon’ble Court that interim
relief / award may kindly be passed in favor of the petitioners, in the interest of
justice.
Any other further order may kindly be passed in favor of the petitioners and
against the respondent no. 1 and 2.
DATED: THROUGH

HIGH COURT OF DELHI
9728430911/9810248241
VERSUS
AFFIDAVIT
AFFIDAVIT OF MRS SANYOGITA DEVI W/O LATE RAMESH CHAND
1. That the deponent is petitioner no. 1 and well conversant with the fact and
circumstances of the case and has competent to swear this affidavit.
2. That the present application has been drafted by my counsel under my
DEPONDET
VERIFICATION
DEPONDET

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BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL DLEHI NORHT

DISTRIC, ROHINI COURTS NEW DELHI

S.NO. PARTICULARS PAGES

NEW DELHI …APPLICANT

MANISH BAIDWAN/ ANKIT SHARMA

HDFC ERGO GENERAL

NEW DELHI …PETITIONERS

MANISH BAIDWAN/ANKIT SHARMA

3 Age of the person injured/dead 54 years

1 Name and address of police P.S: Derapur, Kanpur Dehat

2 Relationship with the Wife

That on most unfortunate day of 02/08/2022, deceased was going to Kataria

Carriers 133/198 TP Nagar, Kanpur in a Truck Bearing no. RJ 09 GB 8895. On

taken to the district hospital in Akbarpur, Kanpur Dehat. Deceased person

subsequently admitted to another hospital, namely Anantraj Hospital, Kanpur

Mohan Hospital, Panki, Kanpur. On 04/08/2022 around 4:00 am in the morning

section 279,304-A IPC, P.S Derapur has been registered.

PRINCIPLE OF RES-IPSA LOQUITOR IS APPLICABLE IN THE CASE

deceased person got serious injuries and died.

trauma. The losses caused by the accident cannot be computed in pecuniary

including parents were completely dependent on him. The family is in a fix

the family of the deceased person.

date of accident till its realization.

2 Amount of compensation claimed

petitioners and against the Respondents, in the interest of justice

An interim of award of Rs. ________(__________) under section 140 of the

circumstances of the case, in the interest of Justice.

NEW DELHI …PETITIONERS

MANISH BAIDWAN/ANKIT SHARMA

RANA, AGED ABOUT 49 YEARS, R/O SWAROOP NAGAR, H BLOCK

507/9 NEW DELHI, DELHI-110042, do solemnly affirm and declare as under-

1. That the deponent is petitioner no. 1 in the accompanying claim petition.

Motor vehicle accident.

3. That the present petition has been drafted by my counsel under my

ABOUT 22 YEARS, R/O SWAROOP NAGAR, H BLOCK 507/9 NEW

DELHI, DELHI-110042, do solemnly affirm and declare as under-

4. That the deponent is petitioner no. 2 in the accompanying claim petition.

Motor vehicle accident.

6. That the present petition has been drafted by my counsel under my

ABOUT 15 YEARS, R/O SWAROOP NAGAR, H BLOCK 507/9 NEW

DELHI, DELHI-110042, do solemnly affirm and declare as under-

7. That the deponent is petitioner no. 3 in the accompanying claim petition.

Motor vehicle accident.

9. That the present petition has been drafted by my counsel under my

RANA, AGED ABOUT 13 YEARS, R/O SWAROOP NAGAR, H BLOCK

507/9 NEW DELHI, DELHI-110042, do solemnly affirm and declare as under-

10.That the deponent is petitioner no. 4 in the accompanying claim petition.

Motor vehicle accident.

12.That the present petition has been drafted by my counsel under my

APPLICATION FOR AND ON BEHALF OF THE PETITIONER NO.

1, the petitioners is has suffered a great monitory loss, loss of enjoyment,

3. The great irreparable loss would be suffered to the petitioners, if the

present application has not been allowed.

4. That the balance of convenience lies in favor of the petitioners and

facie case in their favor.

NEW DELHI …PETITIONERS

MANISH BAIDWAN/ANKIT SHARMA

RANA, AGED ABOUT 49 YEARS, R/O SWAROOP NAGAR, H BLOCK

507/9 NEW DELHI, DELHI-110042, do solemnly affirm and declare as under-

circumstances of the case and has competent to swear this affidavit.

2. That the present application has been drafted by my counsel under my

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