BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL-CUM-

DISTRICT JUDGE: HYDERABAD: AT CITY CIVIL COURT

OP.NO. 2868 of 2021.

Between:-

1.Zareena Parveen W/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

2.Mehwish Hayath D/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

3.Maheen Ulfath D/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

4. Mohd. Suhaan Qureshi S/o late Mohd. Burhan

Age: 13 yrs, Occ: student R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.
…. Petitioners.

And

1.Manthadi SrisailamS/o.Late M.Rama Swamy

Aged about 43 years. Occ: Driver
R/o. Gandhinagar, Chengicharla, Ranga Reddy (Driver of Indian Oil
tanker lorry B.No:TS29T0211)

2.Chagarlamudi Venkateswara Rao S/o.Raghavaiah,

Aged about 45 years, Occ: Business, Caste: Munnur Kapu,
R/o.2-1-164,Beside Newfire Station Main Road,
Suryapet, Telangana.(Owner of Indian Oil Tanker Lorry B.No:TS29T0211)

3.UNITED INDIA INSURANCE COMPANY LIMITED

Office at: Divisional Office -2, Post Box No774,#56-11-4, Upstairs
Andhra Bank, 2nd Floor, Bundar Road, Patamata,
Krishna District, Andhra Pradesh-520010

…Respondents.

Claim petition for Compensation Under Section 166 of the

M.V.Act 1988 And Rule 455 of A.P.M.V.Rule 1989 R/w. Amended Act 54
of1994.

The description and Address of the petitioner for service of all Notices
and Process of the petitioner is that of Counsels:

Krishna Shanmugam, B. Vijayasimha, S. Krishna Kishore

Annapurna, Srinivas

Advocate,
Plot No. 23D, Eshwarpuri Colony, Hi- Tension, Kapra,
Sainikpuri, ECIL Post, Sec-Bad-094.
 The description and address for service of all Notices and Process on the
Respondents is the same as shown in the cause title.

The above named petitioners having been death of their Husband of

Petitioner No.1 & father of Petitioner No.2 & 3 Motor Vehicle Accident hereby
applies for the grant of Compensation for the death of the head of the family
and loss caused.

The necessary particulars of the deceased, caused the Vehicle etc., are given as
under:

1. Name of the deceased : Mohammed Bhuran Khureshi

2. Father’s Name : Mohammed Yousuf

3. Full Address of the deceased :R/o. H.No.1-7-195/10,Pavitra

Nagar,Near Sudharshan
Hospital, Azamabad,
Musheerabad.

4. Age of the Deceased : 42 yrs.

5. Occupation of the injured : Mutton shop Business

6. Name and address of the employer
of the Deceased, if any : Self Employed

7. Monthly income of the injured : : Rs.40,000/-

8. Does the person inrespect of who

compensation is claimed pay
Income Tax so, state the amount : -----
of Income Tax

9. Place,date,time of the accident: on 11-06-2020 at about 20.20

hrs
In front of Reddy wines Begum-
Pet, Prakashnagar, Hyd City.

10. Name and address of the police : P.S.Begumpet, Hyderabad

Station in whose jurisdiction the

Vide Cr.No.231of 2020

Accident took place or was
registered
u/s.304(A) of IPC &

11. Was the person in respect of :

whom compensation is claimed
travelling by the vehicle involved in
the accident if so give the name of
places starting of journey and des-
tination

12. Nature of injuries sustained and : Death

Continuing effect if any of injuries

13. Name and address of the Medical Osmania Hospital ,

Officer/ practitioner if any injured : Dr.G.Venu Gopal rao,Asst
Professor,Department of Forensic Medicine,
Osmania Hospital,Hyderabad.

14. Nature and period of the treatment

and expenditure if any incurred :Mutiple Head Injuries and died
there on.

15. Disability for work, any accused :

16. Registration Number and type of B.No.TS29T0211; Indian Oil

Tanker Lorry
17. Name and address of the owner of As shown in the cause
title as Respondent No.2
the Vehicle. : .

18. Name and address of the insurer : UNITED INDIA INSURANCE

COMPANY LIMITED
Office at: Divisional Office -2,
Post Box No774,#56-11-4,
Upstairs
Andhra Bank, 2nd Floor, Bundar
Road, Patamata,
Krishna District, Andhra
Pradesh-520010
insurance was taken of the
vehicle.

19. Has any claim been lodged with

the owner insurer and if so, with : -No-
what result.

20. Whether the person deceased had

been involved in any road accident
earlier. (in case she/he was details : -No-
of the accident should be set out)

21. Whether in the injured had preferred/

claimed for damages in any case : -No-
earlier, and if so, with what result.

22. Whether the injured is related to

or has known respondents and if : -No-
so how.

23. Name and address of the Applicant: As shown in the cause title as
petitioners.

24. Relationship with deceased : wife, daughters, son

25. Title to the property of the deceased: Not applicable.

26. Amount of Compensation Claimed: Rs.50,00,000/-

(i) FOR SPECIAL DAMAGES

(Particulars) of loss expenses
amount in Rupees.

(a) Lose of earning for months

from to

(b) Partial Loss of earning for

months from 21-6-2007 to till today: Rs. 5,00,000/-

(c) Transport of Hospital etc. : Rs. 50,000/-

(d) Extra nourishment & Medicine: Nil

(Hospital bills+ Medical Bills)
(e) Damages to clothing,articles & Vehicle: Rs. Nil

(f) Other Medical nursing etc. : NIl

(ii) a) Compensation for pain and

suffering. : Nil

b) Compensation for contin-

uing for permanent disability
if any. : Nil

c) compensation for the loss

of future earning powers
of the injured. : Rs.44,50,000/-
__________

Grand Total (i) and (ii) Rs.50,00,000/-

__________

27. Any other information that may be necessary of helpful in the

Disposal of the claim.

The above named deceased was working as Mutton Business man in

Hyderabad and used to earn monthly income of Rs.40,000/- per month and
contribute the same to his family as he was only earning member of his entire
family.

That on 11.06.2020 at 2020 hrs received a complaint from Sri

Mohammed Mastan S/o.Late Mohammed Yusuf, age 47 years, Occ:
Business, R/o. H.No.1-6-736/1/C,Phatan Wadi near Fish market,
Musheerabad,Secunderabad stating that on 11.06.2020 at 20:20hrs his
3rd younger brother by name Mohammed Buran Khureshi, age: 42yrs,
Occ: Business has been staying near by home along with his family. On
11-06-2020 when he was as it his home meanwhile he received a phone
call through his brother number from Begumpet Ps Personnel and stated that
his brother was met with road accident in front of Reddy wines, Begumpet,
while he was travelling on his bike B.No.AP9Q8455 meantime a Indian Oil
tanker lorry B.No.TS29T0211 came in rash and negligence manner with high
speed and dashed to his brother vehicle then he fell under the lorry wheelers
due to which his head was broken and got spot dead. Then immediately
complainant came to the spot along with Mohammed Farooq and found his
brother Mr. Mohammed Buran head was broken and was spot dead.

That the accident occurred only due to the rash and negligent driving of the
Indian Oil tanker lorry B.No.TS29T0211 for which the deceased life was ended
and the petitioners and his family also put to irreparable loss due the death of
the deceased.

That the police Begumpet regd. a case in Crime No.231of 2020 under
Sec.304(A) IPC against the driver of the Lorry B.No.TS29T0211 who is the
Respondent No.1 herein.

That the Respondent No.2 is the owner of the Indian Oil tanker lorry
B.No.TS29T0211. the Respondent No.1 is the Driver of the lorry. The
insurance was applied by the owner of the lorry and the insurance company is
the Respondent No.3 and respondent No.4 is mother of the deceased Mohd.
Burhan Qureshi and mother- in- law of the petitioner No.1 is also legal heir of
the deceased and respondent No.4 had died on dt 22-03-2023 and there are no
other legal heirs. Hence the respondent No.1 to 3 are jointly and severally liable
to pay the compensation to the petitioners.

The petitioners are resident of H.No.1-7-195/10,Pavitra Nagar,Near

Sudharshan Hospital,Azamabad, Musheerabad and due to the sudden
accident of the deceased person they are unable to move any where. It is
submitted that prior to the accident the deceased is hale and healthy and aged
about 42 yrs.

Declaration: it is submitted that this is the first petition between the parties
and there is no other case or proceedings pending in any other court or
authority for the same relief.

Declaration of legal heirs: it is submitted that petitioners No.1 to 4 and

respondent No.4 (mother of the deceased) who is the mother in law of the
petitioner has died on dt: 22-03-2023 are the only legal heirs of the deceased
Mohd. Bhuran and it is further submitted that since the petitioners No.2 to 4
are minors, the petitioner No.1 is the mother and the natural guardian of the
petitioners No.2 to 4.
 Jurisdiction: the petitioners submit that the petitioners resides at
Musheerabad, Hyderabad District, hence this Hon’ble Court is having its
jurisdiction to entertain this case.

Limitation: that the accident took place on 11-06-2020 and the claim is filed
on 1-12-2021. Though the petition has exceeded the limitation period it is
submitted in ORDER NO. 1563 of 2023 in Shailender Tripathi & another Vs
Dharmender Yadav & two others by the Hon’ble Supreme Court where it has
been stated that if an application for compensation is filed beyond the six
months from the date of the accident ( Sub-section 3 of section 166, as
proposed to be inserted by way of the amendment act) till the time section 53 of
the amendment act is notified claimants are not required to prefer an
application of condonation of delay.
It is therefore prayed that the hon’ble Court maybe pleased to pass
judgement and decree of
A.) The Hon’ble Court may be pleased to award compensation of
Rs.50,00,000/-( Rupees Fifty Lakkhs Only) to the petitioners towards
compensation along with interest @24% per annum from the date of
accident till realization by passing a Decree against the respondents
No.1,2 &3 and to be liable them jointly and severally to pay the Decreed
compensation amount in the interest of justice.
B.) Award costs of these proceedings and
C.) Any other relief or reliefs as deemed fit and proper in the circumstances
of the case and in the interest of justice.

PETITIONER No.1

PETITIONER No.2

PETITIONER NO.3

VALUATION:

It is submitted that the claim of the petitioner is for a sum of

Rs.50,00,000/- and a court fee of the Rs. 49,360/- is paid under Rule. 475 of
A.P.M.V.Rules 1989, which is sufficient.

VERIFICATION:
 I the above named petitioner No.1 on behalf of petitioners No.2 to 4 do
hereby solemnly declare that the particulars given above are true and correct to
the best of my knowledge.

Place: Hyderabad
Date; 19- 03 -2024 .

PETITIONER No.1

PETITIONER No.2

PETITIONER No.3

PETITIONER No.4

COUNSEL FOR PETITIONERS

 Before the Motor Accident Claims Tribunal-
Cum-
District Judge: HYDERABAD:
AT City Civil Court.

OP.NO. 2868 of 2021.

Between:

Zareena Parveen & others

…. Petitioners.

And

Srisailam
& others
…Respondents.

Claim petition for Compensation Under Section

166 of the
M.V.Act 1988 And Rule 455 of A.P.M.V.Rule
1989 R/w. Amended Act 54 of1994.

Filed on:

Filed by:
Krishna Shanmugam
B. Vijayasimha
Krishna Kishore Sayani
Annapurna
Advocates.

: Address for service:

Off: plot No. 23D, Eshwarpuri Colony,

Hi- Tension Rd, Sainikpuri, Kapra,
ECIL Post, Sec-Bad-094

Ph: 9849976108, 9390959434,

7337023446
COUNSEL FOR THE PETITIONERS
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL-CUM-
DISTRICT JUDGE: HYDERABAD: AT CITY CIVIL COURT

OP.NO. of 2021.

Between:-

1.Zareena Parveen W/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

2.Mehwish Hayath D/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

3.Maheen Ulfath D/o Mohd Burhan Qureshi,

Age: 35 yrs, Occ:House wife, R/o.H.No.1-7-195/10,
Pavitra Nagar, Near Sudharshan Hospital,
Azamabad,Musheerabad, Hyderabad.

…. Petitioners.

And

1.Manthadi SrisailamS/o.Late M.Rama Swamy

Aged about 43 years. Occ: Driver
R/o. Gandhinagar, Chengicharla, Ranga Reddy (Driver of Indian Oil
tanker lorry B.No:TS29T0211)

2.Chagarlamudi Venkateswara Rao S/o.Raghavaiah,

Aged about 45 years, Occ: Business, Caste: Munnur Kapu,
R/o.2-1-164,Beside Newfire Station Main Road,
Suryapet, Telangana.(Owner of Indian Oil Tanker Lorry B.No:TS29T0211)

3.UNITED INDIA INSURANCE COMPANY LIMITED

Office at: Divisional Office -2, Post Box No774,#56-11-4, Upstairs
Andhra Bank, 2nd Floor, Bundar Road, Patamata,
Krishna District, Andhra Pradesh-520010

…Respondents.
PETITION FILED UNDER RULE 475(2) OF A.P.M.V. RULES 1989
For the reasons mentioned in the accompanying affidavit it is most humbly
prayed that this Hon’ble court may be pleased to exempt the petitioner from
paying required court of Rs. /- on my claim of Rs. /- under
rule 475(1)(b) of APMV rule initially and the petitioners may bepermitted to pay
the required court fee after passing the decree in the interest of justice and to
pass such other orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case.

Place: L.B.Nagar
Date: .12.2021 Counsel for the Petitioner
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL-CUM-
DISTRICT JUDGE: HYDERABAD: AT CITY CIVIL COURT

OP.NO. of 2021.

Between
Between
Zareena parveen & others ……Petitioner

And

Manthadi Srisailam & others …….Respondent

AFFIDAVIT

I Zareena Parveen W/o Mohd Burhan Qureshi,Age: 35 yrs, Occ:House wife,

R/o.H.No.1-7-195/10,Pavitra Nagar NearSudharshanHospital,Azamabad,Musheerabad,
Hyderabad do hereby solemnly affirm on oath and state as follows:-

I am the deponent herein and the wife of the deceased sri Mohd Bhuran as such I am
well acquainted with the facts of the case and I am authorized to file the present petition
on behalf of other petitioners who are my minor children.

I submit that I filed the above OP for compensation for the pain,expenses and loss etc
suffered on account of the sudden death of my husband i.e. the deceased who met with
in a Motor Vehicle Accident on 11/06/2020 at about 20.20hrs In front of Reddy wines
Begumpet, Prakashnagar,Hyd City which comes in the limits of Ps Begumpet.

I further submit that On 11-06-2020 I was at my home

meanwhile my brotherin law who stays near to our home received a
phone call and stated that my Husband was met with road accident in front of
Reddy wines Begumpet, while he was travelling on his bike B.No.AP9Q8455
meantime a Indian Oil tanker lorry B.No.TS29T0211 came in rash and
negligence manner with high speed and dashed to his brother vehicle then he
fell under the lorry wheelers due to which his head was broken and got spot
dead. Then immediately complainant came to the spot along with Mohammed
Farooq and found Mr. Mohammed Buran i.e. my husband head was broken
and was spot dead.

I submit that in view of above facts and circumstances I am already had

incurred huge amount for the funeral expenses and to run the house without
my husband who was the sole bread earner of the family as such I am not in a
position to pay the required court fee of Rs. /- under rule 475(1)(b) of
Ap.M.V.Rules on our claim of Rs. /-.Hence it is just and exempt us
from paying the required court fee of Rs. /- presently and we may be
permitted to pay the required court fee after passing the decree, otherwise we
will be put to great hardship.
 Therefore it is prayed that the Hon’ble court may be pleased to exempt us
from paying required court fee of Rs. /- on our claim of Rs. /-
initially and I may be permitted to pay the required court fee after passing the
decree, in the interest of justice.

Sworn and signed before me

On this day of December 2021
At Hyderabad Deponent

Advocate/Hyderabad