(A). That, Late Mr.eee had, on date 22-5-2005, in the vehicle Qualis bearing number ggg, in the status that he is a previously known person to the non-applicant no-1; had been traveling by that vehicle and going to the place kkk, to attend a marriage. The vehicle Qualis bearing number ggg had been driven by Late Mr.hhh. In the above referred vehicle, to attend the marriage, other persons who were known to the non-applicant no-1 also had been traveling. Late Mr.hhh had drove the vehicle Qualis bearing number ggg in a very high speed and carelessness manner and during morning time approximately at 5.00'o clock the vehicle had reached at the place fff, within the jurisdiction of Police Station fff, District ...., at the National Highway...; at that time, hence the vehicle Qualis bearing number ggg had been driven in a high speed, because of which it had became out-of-control and hit/ colluded upon a vehicle which had been coming from the front side, Dumper No. jjj; in this manner the vehicle accident had taken place. By looking at the seriousness of the incident which had taken place, the persons who had witnessed that had given information to the Police Station fff; relying upon the said information the Police Personnel had immediately came to the place of incident and the dead body of the deceased person Late Mr.eee had been sent to the Government Hospital, Distt..., for examination, where the postmortem examination of the dead body had taken place.
(B). That at the time of the accident, the above vehicle had been driven by Late Mr.hhh, and he had been looking after the said vehicle in his status as the Driver. In the above accident, Late Mr.hhh also received grievous injuries because of which his own death also had taken place. The non-applicant no-1 had been made party in this litigation in the following status: in his status as the successor of the deceased driver Late Mr.hhh and legal successor to the properties of Late Mr.hhh; and also in his status as the owner of the vehicle Qualis bearing number ggg, which had met with the accident. The vehicle Qualis bearing number ggg, which had met with the accident, at the time of accident, had been insured in accordance with law, by the non-applicant no-2, thus both of them are liable to pay the compensation jointly and severally for this accident.
(c). That above accident's Reporting had been done at the Police Station fff, District.... Vide the said Report, the crime serial number ... of 2005 had been registered under Sections 279, 337, 338 and 304A of the Indian Penal Code.
4. That Late Mr.eee son of Mr.bbb had been a healthy young man of 25 years age. Late Mr.eee had been running a shop himself, named Motor Winding at place mmm. In the said shop, he had been doing the work of winding of motors and repairing and he had been earning a monthly income of Rs.7000/- (Rupees seven thousands only). Late Mr.eee had been in the habit of spending his each monthly income upon himself and his mother and father. In the family of the applicants, the deceased Late Mr.eee himself only had been the earning member and on his income the applicants had been completely dependents. Because of the death of the deceased Late Mr.eee in the unexpected vehicle accident; the applicants had to permanently loose the monthly income of Late Mr.eee, and the income which must have been increased in future also had been lost and there had been injury/ damages in the social level also, which should be suffered by the applicants. At present the applicants had to continuously face the financial and mental difficulties.
4.1. The applicants are calculating the damages suffered because of the death of Late Mr.eee in the unexpected vehicle accident, as follows:-
|
Sl. No. |
Description. |
Amount Rs. |
|
A |
As a Compensation to the applicants, for the loss of Dependency (to their deceased son). |
20,00,000.00 (Rupees twenty lakhs only). |
|
B |
As a Compensation to the applicants, for the loss of help which they might have received from to their deceased son. |
2,00,000.00 (Rupees two lakhs only). |
|
C |
As a Compensation to the applicants, for the sadness and the torture they had suffered in their mind. |
3,00,000.00 (Rupees three lakhs only). |
|
D |
Towards the expenses incurred in the Funeral rites by the applicants, on Late Mr.eee because of his death in the unexpected vehicle accident |
50,000.00 (Rupees fifty thousands only). |
Total Rs. 25,50,000.00
(Rupees twentyfive lakhs fifty thousands only).
4.2. In this manner, to the applicants, from the non-applicants, may be given a total amount of Rs. 25,50,000.00 (In words Rupees twenty five lakhs fifty thousands only), as compensation for the damages.
5. That above accident had taken place within the jurisdiction of the Police Station fff, District..., State Maharashtra. However, the applicants, and the non-applicant no-1 are residents of the place mmm, Chattisgarh; thus this case is filed under section 166(2) of the Motor Vehicle Act, before this Hon'ble Court, for hearing, because of the Territorial Jurisdiction.
6. That the applicants had filed necessary Court-fees stamp in this application.
7. That the applicants had filed documents vide the list filed and are reserving their rights to file more documents in future.
8. The interim compensation is claimed vide prayer number (c) of this Claim petition. (OR the following can be written and a separate application can be moved to claim this amount: That the applicants, are reserving their rights under section 140 Motor Vehicle Act, to claim interim-compensation under no-fault clause liability principle, a sum of Rs.50,000/- from the non-applicants no-1 and 2).
Para 9: Thus prayer is made to the Hon'ble Court that:
(A). The applicants may be given from the non-applicants, jointly and severally, towards compen-sation, a total amount of Rs. 25,50,000.00. (Rupees twentyfive lakhs fifty thousands only).
(B). The applicants may be given from the non-applicants, an interest of 18 % (eighteen per cent) per annum, for the amount paid, from the date of Application, till the date of payment.
(c). The applicants may be given from the non-applicants no-1 and 2, under section 140 Motor Vehicle Act, the interim-compensation, at the earliest under no-fault clause liability principle, a sum of Rs.50,000/-. (Rupees fifty thousands only).
(D). The applicants may be given from the non-applicants towards the costs of this litigation and other expenses and what are the other reliefs this Hon'ble Court will find deem and appropriate (to the facts and circumstances of this Case) the applicants may be given from the non-applicants.
Place: ... Chattisgarh.
Date: 21.06.2005.
Applicants:
1. Shrimati aaa
2. Mr.bbb
Through
Advocate
Verification
My self, Shrimati aaa aged 48 years, wife of Mr.bbb; and Mr.bbb, aged..yrs, son of….; resident of MP Housing Board Colony, ... Chattisgarh; do hereby verify that the narration of facts which had been written between the Application's paragraphs 1 to 8 are true and correct to my knowledge and I had read them, understood them and verified them and I am hereby affixing my signature.
Date: 21.06.2005.
Applicant Sl. No.1. Shrimati aaa
2. Mr.bbb
NOTE:- The Plaint/ Claim should contain Address of the Plaintiff, list of dates, list of documents, Affidavit etc various other formal documents, which are not prepared in this specimen – Author).
========== ==============
Forgetting past good relations, how people testify lies during the evidence in court and face cross exam, only for money, even when alternative source is to claim same money is available, is demonstrated by the Author in the following specimens of recording of evidence in the Courts:
MACT Claim Case No. ..../06.
Witness No. 01 for Applicant. Deposition taken on the 30-11-06. Witness's apparent age 49 years.
States on affirmation my name is Shrimati aaa wife of Mr.bbb, occupation: Nil, address: ... Chattisgarh.
(The Witness will have to state the words: “in the name of God I will state only truth and I will not tell any lies”, after that the following will be written in the order sheet: otherwise, the evidence testified will not be read in evidence – Author).
After taking Oath:-
1. Late Mr.eee had been my son. On the date 22-05-05 my son had been going to attend his friend's marriage's Baraat (= the groom and party going to the house of the bride); to the place kkk, by sitting/ traveling in the Qualis Car bearing number ggg. The Qualis had been owned by the friend of my son. My son had gone to attend the marriage in the status as a known person. When the Baraat Party had been going to the place kkk, at that occasion, the Qualis had hit/ clashed upon a Dumper at the place fff, near District.... The Qualis Car had been driven by the son of the non-applicant no-1 in a high-speed and careless manner and had done the hitting on another vehicle. Because of the said hit/ clash, my son's death had taken place at the place of incident itself. The above incident had been reported at the Police Station fff. The certified copy of the document related to the criminal case had been collected by me and produced in this litigation. The First Information Report is Exhibit P-1; in that at Point A, it is written that, from the position of the Vehicles at the place of incidence, the mistake had been committed by the Qualis Car. the Panchnaama/ Inquest report for the place of incident is Exhibit P-2, report about the examination of the dead body/ postmortem report is Exhibit P-3. Those documents are written in Marathi language. Their Hindi Translation are produced as Exhibit P-1Aa, Exhibit P-2Aa and Exhibit P-3Aa.
2. At the time of incident my son's age had been 25 years old. He had been doing the work of Motor Winding/ binding. By doing the above work, he had been earning Rs.7000/- per month. My self and my husband had been dependent upon the income of my son. In my family, the only earning member had been my son. Because of his death, in our family, the financial difficulty had arose.
Cross examination by Shri nnn,
Advocate for the non-applicant no-1:-
3. It is correct that, the Qualis car in which he had been going to attend the marriage had been owned by the friend of my son. All those boys who had been sitting in the said Qualis had been friends among themselves. I did not go to the place kkk to attend the marriage. The information of the incident I got afterwards, on the same day. I did not see the incident. The evidence which had been stated by me today is based on what I heard and what had been told to me (“suni sunai baathon par diya hai”). Regarding the incident I came to know that, there had been a hit/ clash between the Dumper and Qualis. The vehicle Dumper Truck is bigger and heavy than the vehicle Qualis. I did not see how the incident had taken place. It is correct that, dumper had hit upon the Qualis, because of which Late Mr.hhh who had been driving Qualis, his death had taken place at the place of incident itself. I did not produce any Certificate regarding the income of my son.
Cross examination by Shri ppp, Advocate
for the non-applicant no-2:-
4. It is correct that, my son himself had been conducting/ running the motor-rewinding shop, by doing which work he had been earning Rs.7000/- per month. I had not produced any certificate to prove this point. Besides this I have two more sons. Both those sons are elder than this son. The elder son is working as a Watchman, and the younger is physically handicapped. At present my husband is not doing any work. It is correct that, in my application I did not write anything about my two (surviving) sons. I cannot tell any reasons, why I did not write. My son had been conducting/ running the motor-rewinding work since 5 to 6 years. It is correct that, in my application I did not write anything about that fact. It is correct that, regarding the income and expenses of the shop, for the previous years, no documents had been produced. I do not know whether the shops are being registered at the Municipal Corporation. Also no documents had been produced in this matter. It is correct that, my son had been conducting his shop at the place .... in a rented premises where he had been doing the business of buying and selling of empty gunny bags, old vehicles and work on Mobiles. Also he had been earning Rs.5000/- from the said work. No documents had been produced in support of above narrated facts.
5. It is correct that, no documentary proofs had been produced regarding the fact that we had spend rupees fifty thousands in our deceased son's cremation rites.
RO & AC (= The evidence had been read aloud to the witness, and had been admitted to be correct).
Sd/- Mr.rrr, Eleventh (Ekadash) Additional Motor Accident Claims Tribunal (FTC),.... Chattisgarh.
Type written on my instructions:-
Sd/- Mr.rrr, Eleventh (Ekadash) Additional Motor Accident Claims Tribunal (FTC), ... Chattisgarh.
============================================
MACT Claim Case No. ... of 2006.
Witness No. 02 for Applicant. Deposition taken on the 06-12-06. Witness's apparent age 36 years.
States on affirmation my name is sss son of Shri ttt, occupation: Nil, address: Housing Board, Industrial Area, ... Chhatisgarh.
(The Witness will have to state the words: “in the name of God I will state only truth and I will not tell any lies”, after that the following will be written in the order sheet: otherwise, the evidence testified will not be read in evidence – Author).
After taking Oath:-
1. I am able to identify the applicant party. They are residing in the neighbourhood of ours. On the date 22-05-05 I had been going to attend the marriage of my brother by traveling in the Qualis Car bearing number ggg from the Housing Board to the place kkk. In the vehicle we had been travelling in the status of previously known people. The Driver Late Mr.hhh had been driving the vehicle in a high-speed and waves type (“teji evam laharathey huey chala raha tha”). Near the place Police Station fff, the driver of the Qualis Car had been driving the qualis in a high-speed and waves type (“teji evam laharathey huey”) taking/ took the vehicle to the wrong side, had hit/ clashed upon the Dumper vehicle which had been coming by the left side. Because of the accident, three persons had died at the place of incident itself, their names are Driver Late Mr.hhh, Late Mr.uuu and Late Mr.eee. Also one (individual named) Late Mr.vvv had died at the hospital. I also got injuries. My following parts had been injured: body/ person, head, above the mouth, above the lips and teeth.
2. The accident had been reported at the Police Station fff, District...., Maharashtra. The accident had taken place during early morning 4½ to 5'o clock.
Cross examination by Shri nnn,
Advocate for the non-applicant no-1:-
(Because there had been a Condolence Meeting, the cross examination had been adjourned).
RO&AC (= The evidence had been read aloud to the witness, and had been admitted to be correct).
Sd/- Mr.rrr, Eleventh (Ekadash) Additional Motor Accident Claims Tribunal (FTC), ... Chattisgarh.
Type written on my instructions:-
Sd/- Mr.rrr, Eleventh (Ekadash) Additional Motor Accident Claims Tribunal (FTC), ... Chattisgarh.
(Note:- when there had been an interruption to any witness's evidence testification, may be due to lunch, evening working hour over, Advocate/ Judges meetings etc; when the evidence recording will re-start, the witness should be made to tell the words: In the name of God I will tell only truth and no lies. Othewise the evidence will not be believed to write judgement – Author).
(On today dated 15-12-06, the witness had been administered Oath again and the cross examination had started).
Cross examination by Shri nnn,
Advocate for the non-applicant no-1:-
3. On the date of incident, we had left the place mmm/ commenced our journey from mmm during night 12'o clock. Also we had reached at the place of incident during early morning 5'o clock. It is correct to suggest that, the place of incident is located between the places .... and .... It is correct to suggest that prior to the happening of the accident, from the place mmm to fff, we had travelled a distance of 225 kilometers in a safe and correct manner. It is correct to suggest that from mmm, to reach at the place of incident, it took 5 hours. It is correct that, in the average, our Qualis vehicle had traveled at a speed of 40-45 kilo-meter.
During journey we felt hungry at the place www from a Road side Dhaba we ate food, for which one hour had been spend. It is wrong to suggest that because we people had been remaining awaken during the complete night and traveled, and the accident had taken place at the morning time, thus I had slept, thus I did not see how the incident had taken place. It is correct to suggest that I cannot say accurately about with how much speed the truck had been coming from the front side, however, approximately I can say that, it had been coming slowly. I cannot say, how long we had stayed at the place of incident. It is wrong to suggest that the Dumper Truck, which had been coming from the front side had crossed/ jumped the road divider and hit/ clashed upon our Qualis vehicle, which had caused the accident. It is wrong to suggest that I am telling lie.
Cross examination by Shri ppp, Advocate for the non-applicant no-2:-
4. It is correct that, the Qualis vehicle's driver did not hit/
clash with the Driver's side of the Truck. It is correct to suggest that in the
said accident, the Driver's side of the vehicle Qualis and the Driver's side of
the Truck, both had hit with each other, face-to-face.