MEMORANDUM OF CIVIL MISCELLANEOUS APPEAL

(Under Section.173 of The Motor Vehicles Act, 1988)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(Appellate Jurisdiction)

C.M.A. No. of 2017

Against

M.C.O.P.No. of 20

[On the file of the MOTOR ACCIDENTS CLAIMS TRIBUNAL – In the

Court of Principal Subordinate Judge)

… Appellant/
II Respondent.

-Vs-

1.
. … Respondent/
Petitioner.

2.
… II Respondent/
II Petitioner.

The address for service of all notices and processes of this

Hon’ble Court on the Appellant is that of its Counsel, Advocate,
at __________________________________________________________
The address for service of all notices and processes of this
Hon’ble Court on the Respondents is as stated above.

The above named Appellant prefer this Memorandum of Civil

Miscellaneous Appeal as against the Decree and Judgment dated
_______________, passed in M.C.O.P. No.76 of ____________, by the
Hon’ble, at_________ , for the following among other

Grounds;

1. The Decree and Judgment of the Hon’ble court is against law,

facts, evidence and probabilities of the case.

2. ____________________________________________________________
____________________________________________________________
_________________________________________________________
3. ___________________________________________________________
4. ___________________________________________________________
5. ___________________________________________________________
6.
7.
8.
9. The Appellant craves leave of this Hon’ble Court to raise
additional grounds at a later date, if required.

It is therefore in the interest of justice necessary and

prayed that this Hon’ble Court may be pleased to set aside
the Decree and Judgment dated _________, passed in, by the
Hon’ble Motor Accidents Claims Tribunal (Court of Principal
Subordinate Judge), at Chengalpattu and thus justice be
rendered.

Dated at New Delhi on this the ________ day of______, 20__

Counsel for Appellant.

MEMORANDUM OF VALUATION

Value of the Claim before the

Tribunal Rs.___________
Compensation Awarded by the
Tribunal Rs.___________

Interest on the Award amount

at ___% P.A. from _________
to __________ Rs.___________

Value of the Appeal Rs.___________

Court fees paid thereon Rs.___________

Dated at Chennai on this the ____ day of _____, 20__.

Counsel for Appellant.

 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(Appellate Jurisdiction)

C.M.P. No. of 2016

in
C.M.A. No. of 2016

… Petitioner/
Appellant.

-Vs-

… Respondents/
AFFIDAVIT OF

I, , Son of Mr. , aged

about years, employed
, do hereby solemnly affirm and sincerely state as follows;

1. I am the of the Petitioner/Appellant herein and

I am well acquainted with the facts of the case and duly
authorized to file this affidavit.

2. I submit that the above Civil Miscellaneous Appeal is

preferred by the Petitioner/Appellant herein aggrieved by
the Decree and Judgment dated ________, passed in, by the
Hon’ble Motor Accidents Claims Tribunal (Principal
Subordinate Judge), at ________, awarding a sum of, in
favour of the Respondents I to III.

3. I submit that the Decree and Judgment of the Hon’ble

Tribunal, passed in favour of the____________________
____________________________________________________________
___________________________________.
4. .......
5. .......
6. .......
7. .......
.......
.......
.......
.......
.......

It is therefore prayed that this Hon’ble Court may be

pleased to grant interim stay of all further proceedings
pursuant to the Decree and Judgment dated ________, passed
in M.C.O.P. No.__ of _____, by the Hon’ble Motor Accidents
Claims Tribunal (In the Court of Principal Subordinate
Judge), at ________, pending disposal of the above Civil
Miscellaneous Appeal and thus justice be rendered.

Solemnly affirmed at New Delhi,

On this the ___day of_________, Before Me,
____ and signed his name in
my presence.
Advocate, New Delhi.
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(Appellate Jurisdiction)

C.M.P. No. of 2017

in
C.M.A.No. of 2017

… Petitioner/
Appellant.

-Vs-

1.

2.
… Respondents/
Respondents.

PETITION FOR INTERIM STAY FILED UNDER SECTION.151 OF THE CODE

OF CIVIL PROCEDURE, 1908.

For the reasons stated in the affidavit filed in support of

this Petition, it is prayed that this Hon’ble Court may be

pleased to grant interim stay of all further proceedings

pursuant to the Decree and Judgment dated , 20__, passed

in , by the Hon’ble Motor Accidents Claims Tribunal

(In the Court of Principal Subordinate Judge), at

____________, pending disposal of the above Civil

Miscellaneous Appeal and thus justice be rendered.

Dated at New Delhi on this the day of _______, 20__

Counsel for Petitioner/

Appellant.