BEFORE THE LD.

MOTOR ACCIDENT CLAIMS TRIBUNAL,

SONEPAT
---
1. Nishu Kumar aged 27 years 2. Ashu aged 25
years sons of late Sh. Ombir S/o Sh. Puran
Singh, both residents of Sohanjani Jattan, P.S.
Babri, District Muzafar Nagar, U.P. at present
resident of village Bari, Tehsil Ganaur District
Sonepat.

----Petitioners

VERSUS

1. Narender S/o Sh. Bhopal Singh, r/o vllage

Nangal Tehsil Baraut, District Baghpat, U.P.

(Driver of Truck no.HR-38S-5429)

2. Sunil Kumar S/o Sh. Braham Singh, r/o

village Biharipur, Sarupur Kalan, Baghpat, U.P.
(Owner of Truck no.HR-38S-5429)

3. The Oriental Insurance Company Ltd., Regd.

Office Oriental House, PB No.7037 A-25/27, Asaf
Ali Road, New Delhi through its Branch Manager
Branch office, Delhi Road, Opp. Civil Hospital,
Vardhman Complex, Sonepat. Vide Policy
No.253902/31/2018/2068 valid from 18.03.2018 to
17.03.2019.

(Insurer of Truck no.HR-38S-5429)

---Respondents

---
Claim petition U/S 166 of the Motor
Vehicle Act read with Section 140 of the
M.V. Act.

R/Sir,

The claimants/petitioners hereby apply

for the grant of compensation on account of

death Ombir S/o Sh. Puran Singh, who died in a

Motor vehicle accident, which took place on

20.03.2018 in the area of P.S. Ganaur District

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Sonepat due to the rash and negligent driving on

the part of respondent No.1.

The necessary particulars of the

deceased and the motor vehicle involved in the
accident are as under:-
1. Name and Father’s Name Ombir S/o Sh. Puran Singh
of the Deceased

2. Full Address of the Resident of Sohanjani

Jattan, P.S. Babri,
Deceased
District Muzafar Nagar,
U.P. at present resident
of village Bari, Tehsil
Ganaur District Sonepat.

3. Age of the Deceased 45 years

4. Occupation of the Masson (Skilled)

Deceased
5. Name & Address of the Self employed
employer of the
Deceased

Monthly income of the Rs.25,000/- per month

Deceased

7. Whether the person in No

respect of whom the
compensation is being
claimed pays income
Tax?
8. Date, Place and time The said accident took
of the accident. place on 20.03.2018 in
the area of P.S. Ganaur
District Sonepat

9. Name and address of The case was registered

the police station in against the respondent
whose jurisdiction the No.1 vide FIR No.150
accident took place or dated 20.03.2018 U/s
the case was 279/304A IPC P.S. Ganaur,
registered. Sonepat.
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10. Was the person in N.A.
respect of whom the
compensation is being
claimed traveling in
the offending vehicle?
11. Nature of the injuries The deceased received
sustained by the serious and grievous
Deceased injuries, which proved
fatal.

12. Name and address of Soon after the accident

the M.O., who attended the deceased was taken to
on the Deceased. Civil Hospital, Sonepat,
where the doctors
declared him brought
dead.
13. Period of treatment The Post Mortem of the
deceased was conducted
and expenditure
vide PMR
incurred thereon No.PMR/AG/01/2018 dated
21.03.2018 by the doctors
of Civil Hospital,
Sonepat and the claimant
has spent Rs.1,00,000/-
on transportation and
last rites of the
deceased.

14. Regn. No. & type of Truck no.HR-38S-5429

the offending vehicle.
15. Name and address of Respondent No.2
the owner of the
offending vehicle.

16. Name and address of Respondent No.3

the insurer of the
offending vehicle..

17. Has any claim been No

lodged either with the
owner or insurer of
the offending vehicle.
 -4-

18. Name and address of As given in the title of

the claimant. the claim petition.

19. Relationship with the Legal heirs

deceased.

20. Title to the property Legal heirs

of the Deceased.

21. Amount of compensation Rs.50,00,000/- (Rupees

claimed Fifty Lacs only)

22. Any other information The said accident was

that my be helpful and caused by rash and
necessary for the just negligent driving of
disposal of the claim respondent No.1 in a very
petition. high speed and without
observing the traffic
rules.

23. Reason for late The claim petition is

submission of the within time.
claim petition.
24. Cause of accident with
brief description.

That on 20.03.2018 the deceased

alongwith his wife namely Bala were going to

village Bari from Ganaur on the bicycle and Bala

was sitting back on the bicycle of deceased

Ombbir, which was riding by deceased, Ombir and

the claimants were behind their own bicycles,

when they reached near Mitra Dhaba G.T. Road at

about 11:30PM a Truck bearing No.HR-38S-5429,

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which was being driven by the respondent no.1 in

a rash and negligent manner, without observing

the traffic rules and without blowing any horn

and struck into the bicycle of deceased, Ombir

and due to the injuries sustained by them, both

Ombir and Bala died at the spot and the

complainant/claimant, Nishu noted down the

number of the truck as Truck No.HR-38S-5429 and

the driver of the Truck fled away from the spot

after causing the accident. The above said

accident was caused by the respondent no.1 while

driving the Truck no.HR-38S-5429. The

complainant, Nishu made a telephonic call to the

police, upon which and police officials of P.S

Ganaur, Sonepat reached at the spot. The

claimants with the help of police officials

shifted both of them to Civil Hospital, Sonepat,

where both of the deceased were declared brought

dead by the doctors of Civil Hospital, Sonepat

and the postmortem of deceased, Ombir was

conducted by the doctors of Civil Hospital,

Sonepat vide PMR No. PMR/AG/01/2018 dated

21.03.2018. A formal FIR No. 150 dated

20.03.2018 U/s 279/304A IPC P.S. Ganaur, Sonepat

was lodged against the respondent no.1 by the

claimant, Nishu against the respondent no.1.

 -6-

That the deceased was skilled Masson by

profession and used to earn Rs.25,000/- per

month. The whole earning was contributing by the

deceased to his family members. The deceased was

a very hard worker person. He was having no

vices at all. He was engaged purely in his

occupation and maintenance of the petitioners.

He has been properly maintaining the petitioners

and has been providing better love and affection

to the petitioners. But due to this untimely

death, all of this has come to an end, the hopes

have been ruined and they have become ruined and

have come to an end with financial hardship.

The due to this accident, the life of

the petitioners have become dark. The

petitioners have lost their father. The lives of

the petitioners have been ruined now after the

death of Ombir and after the death of Ombir,

there is no one in the family to look after the

claimants. As such, due to the untimely death of

the deceased, the claimants have suffered a

great tension, pain, mental shock, agony. As

such, the sufferings suffered or to be suffered

by the claimants/petitioners can not at all

calculate in any manner and as such, the same

can not be compensated in the terms of money,

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however, the claimants claims a nominal sum of

Rs.50,00,000/- as compensation from the
respondents, to which, the respondents are
liable to pay the same to the claimants.
That the respondent No.1 is the driver
of Truck no.HR-38S-5429, the respondent No.1 was
driving the said truck under the control and
supervision of the respondent no.2, the said
vehicle was insured with the respondent No.3 and
as such all the respondents are liable to pay
the above said amount of Rs.50,00,000/- (Rupees
Fifty Lacs only) to the petitioners.
It is, therefore, humbly prayed that an
award in the sum of Rs.50,00,000/- (Rupees Fifty
Lac only) only may kindly be passed in favour of
the petitioners/claimants and against the
respondents along with interest @ 18% from the
date of filing the petition till realization, in
the interest of justice.
Costs of the petition, together with
such any other relief to which, the
petitioner/claimant be found fit and entitled
may kindly also be awarded to the petitioner, in
the interest of justice.

Verification Petitioners/Claimants

Verified that the 1. Nishu Kumar 2. Ashu sons

contents of the of late Sh. Ombir S/o Sh.
above claim petition Puran Singh, both residents
are true and correct of Sohanjani Jattan, P.S.
to the best of our Babri, District Muzafar
knowledge and belief. Nagar, U.P. at present
Verified at Sonepat resident of village Bari,
On Tehsil Ganaur District
Sonepat.

Through Counsel
 BEFORE THE LD. MOTOR ACCIDENT CLAIMS TRIBUNAL,
SONEPAT

Nishu Kumar etc. ----Petitioners

VERSUS
Narender etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Affidavit

I, Nishu Kumar aged 27 years son of late Sh. Ombir

S/o Sh. Puran Singh, resident of Sohanjani Jattan,
P.S. Babri, District Muzafar Nagar, U.P. at present
resident of village Bari, Tehsil Ganaur District
Sonepat do hereby solemnly affirm and declare as
under:-

1. That the deponent and other petitioner has

got filed the above noted claim petition before this
Hon'ble court and except the present claim petition
there is no any claim petition is filed or decided
before any court of law throughout India.

Deponent

Verification:-
Verified that the contents of the above
affidavit are true and correct to the best of my
knowledge and belief. Verified at Sonepat on

Deponent