BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIS HAZARI
COURTS, AT NEW DELHI
MACT PETITION NO. OF 2023
IN THE MATTER OF:
Avinash …Claimant/Petitioner
VERSUS
Tarun Kamar Mishra & Anr …Respondents
FIR NO. 152/2023
PS..I.P ESTATE
U/s-279/337 IPC
INDEX
S. PAGE
PARTICULARS
NO NO
1. Memo of Parties
2. Brief Particulars of the Accident
3. Copy of the FIR No. 152/2023 Ps. IP ESTATE
4. Copy of the Aadhar Card of the Claimants
5. Copy of the RC and Insurance Papers in favor of Claimant
Copy of the medical Bills and pictures of damaged car
6.
due to accident
7. Vakaltanama
New Delhi
Date :
CLAIMANT/PETITIONER
THROUGH
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIS HAZARI
COURTS, AT NEW DELHI
MACT PETITION NO. OF 2023
MEMO OF PARTIES
Avinash Verma
S/o Sh. G.D Verma
R/o 12/A-3,
Hindustan Times Apartments,
Mayur Vihar,
Phase-1,
East Delhi-110091 …Claimant
…Claimant/Petitioner
VERSUS
Tarun Kamar Mishra
S/o Sh. Jagannath Mishra
R/o 803,
27 Block,
East End,
Appartment, New Ashok Nagar,
New Delhi …Driver/Owner of the Car
Respondent no.1
The New India Assurance Company Ltd.
R/o Minar Laxmi Nagar,
District Cenral Delhi-110092.
Also at
87, M. G. Road, Fort,
Mumbai - 400 001. …Respondent no.2
FIR NO. 152/2023
PS..I.P ESTATE
U/s-279/337 IPC
CLAIMANTS
THROUGH COUNSEL
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIS HAZARI
COURTS, AT NEW DELHI
MACT PETITION NO. OF 2023
IN THE MATTER OF:
Avinash …Claimant/Petitioner
VERSUS
Tarun Kamar Mishra & Anr …Respondents
FIR NO. 152/2023
PS..I.P ESTATE
U/s-279/337 IPC
APPLICATION FOR PAYMENT OF COMPENSATION UNDER SECTION
140 AND 166 OF MOTOR VEHICLES ACT, 1988
Name and Father's Name
1. Mr. Avinash Verma s/o Mr. G.D. Verma
of the Person injured
12/A-3,
Hindustan Times Apartments,
Full address of the Person
2. Mayur Vihar,
injured
Phase-1,
East Delhi-110091
3. Age of the Person injured 38 years
4. Occupation of the Person As a Sales Manager-Strategic accounts in
injured Lenovo Company
LENOVO GLOBAL TECHNOLOGY (INDIA)
PVT LTD.
Name & Address of the EBD ICON, LEVEL 2, DODDENAKUNDI
5.
Employer of the injured VILLAGE, MARATHHALI ORR, KR PURAM
HOBLI, BANGALORE, KARNATAKA,
560037
Rs.221289.00/- (Rupees Two Lakh
Monthly Income of the
6. twenty one thousand two hundred and
person injured
eighty nine only) including incentives.
Does the person in respect
of whom compensation is YES
7. claimed pay income tax? If Rs. 41,742/-
so state the amount of
income tax
Vikas Marg,Near IP Flyover, towards
Laxmi Nagar, Near Slip Road to Delhi
Place, date and time of
8. Secetariat, Delhi
accident
Date of Occurance:29.05.2023
Time of Occurance: 11.05 AM.
9. Brief particulars of the 1. That Claimant (Avinash Verma)
accident after meeting her wife from DDA
was coming back home from Vikas
Minar ITO towards Vikas marg on
his car bearing no. DL14CC5447
along with her daughter (Vaani
aged about 2 ½ years) and with
one Deepika (Househelp/baby
sitter).
2. That when Claimant along with
Deepika (Househelp/baby sitter)
and minor daughter was about to
cross Delhi secretariat out of
nowhere a grey color car
Registration no. DL3CBY0524 in
rash and negligent manner hit the
Claimant from the opposite side of
the road by crossing the divider
with excessive speed causing with
forceful impact which resulting the
injured/Claimant sustained multiple
injuries including head injury,
injury in his body, Fracture in the
right wrist and crushed & lacerated
wounds in head and right leg and
damaging car grossly which
includes ( Damaging driving wheel,
steering and door, wheel side
bumper badly damaged etc),
Pictures of the same has been
annexed for the kind perusal of this
Hon’ble tribunal.
3. That after Car Registration bearing
no. DL3CBY0524 hit the claimant in
the meantime claimant lost his
senses furthermore Deepika
(Househelp/baby sitter) and minor
daughter of the claimant had
excessive bleeding, when claimant
got into senses he saw his Deepika
(Househelp/baby sitter) and his
daughter was badly injured and
was in last stage of their life even
delay of 2 minute might be enough
for taking there life.
4. That the claimant somehow
managed to call her Wife namely
Mona Arya who took photographs
of the incident further two unknown
people helped claimant and took
him along with Deepika
(Househelp/baby sitter) and minor
daughter to Malik Radix located in
Nirman Vihar.
5. That after reaching to the
abovementioned hospital Claimant
realized that they have just had
narrow escape with the death and
due to the Gross accident Claimant
along with Deepika
(Househelp/baby sitter) and minor
daughter has suffered from
multiple grievous injuries like
( Broken wrist, head injuries, leg
break, chest injuries, broken hip
and many more ) Possibly making
the claimant partial disabled,
medical records of the same
has been annexed herein for
the kind perusal of this Hon’ble
Court.
6. That due to Serious Injuries caused
to claimant due to aforementioned
accident, the claimant is in deep
trauma and moreover neither
claimant nor their families are able
to go to work due to which they are
not even able to have life
necessity, and left with no other
option but to approach this Hon’ble
Tribunal in the interest of justice
kindly pass any appropriate order,
judgement in favor of claimants.
Name and address of the
10 Police station in whose FIR NO.152/2023
. jurisdiction accident took Police station-IP ESTATE
place or was registered
11 Was the person in respect YES
. of whom compensation is DDA OFFICE TO HIS HOME
claimed traveling by the that is as follows:-
vehicle involved in the DDA OFFICE
accident? If so give the Vikas minar, ITO
name and place of starting TO
the journey and 12/A-3,
destination Hindustan Times Apartments,
Mayur Vihar,
Phase-1,
East Delhi-110091
Nature of Injuries
12 sustained and Multiple Grievous injuries and
. disablement, if any, apprehension of partial disability
caused
Name and address of the
13 Medical Officer/
ANNEXED A COPY
. Practitioner, if any who
attended the injuries
14 Period of treatment and 3 DAYS
. expenditure if any incurred Rs. 50,000/-(Fifty Thousand Rupees only)
DL3CBY0524
TYPE- Four wheeler
Registration Number and
15 IN THE NAME OF RESPONDENT NO.1
type of vehicle involved in
. And
the Accident
DL3CBY0524
IN THE NAME OF CLAIMANT
Tarun Kamar Mishra
S/o Sh. Jagannath Mishra
R/o 803,
16 Name and Address of the
27 Block,
. owner of the vehicle
East End,
Appartment, New Ashok Nagar,
New Delhi
17 Name and address of Tarun Kamar Mishra
. Driver of the Offending S/o Sh. Jagannath Mishra
Vehicle R/o 803,
27 Block,
East End,
Appartment, New Ashok Nagar,
New Delhi
Shriram General Insurance Company Ltd.
R/o 506 - 507,
5th Floor,
Pragati Deep Building,
Laxmi Nagar,
District Centre,
18 Name and address of the
New Delhi, Delhi 110092
. insurer of the vehicle
Also at
E-8, EPIP,
RIICO Industrial Area,
Sitapura,
Jaipur 302022,
Rajasthan, India (Head office)
Has any claim been lodged
19 with the owner, insure if
NA
. so, by the Applicant with
what result
Avinash Verma
S/o Sh. G.D Verma
R/o 12/A-3,
20 Name and Address of the
Hindustan Times Apartments,
. Applicant
Mayur Vihar,
Phase-1,
East Delhi-110091
21 Relationship with NA
. deceased
22 Title of the Property of the
-
. deceased
23 Amount of Compensation
Rs. 40,00,000/-(Rupees Forty lakhs only)
. claimed and basis thereof
Whether reports from the
police and Registering
24 Authority have been
Not Obtained
. obtained in Form "A" and
Form "D" (If so, to be
annexed)
Whether affidavit of the
25 Applicant and witnesses as
YES
. per rule 8 are annexed
(give details)
Whether documents
26 mentioned in Rule 8 are
YES ( APPLICANT)
. being annexed duly
indexed (give details)
Any other information that
27 may be necessary and Medical bills and photos of the car at the
. helpful in the disposal of incident place
the case
PART II
(To be filled if prayer is made for interim award)
28 Amount of compensation
Rs. 01,00,000/-
. claimed as interim award
Reason for claim of For daily basic necessity of life and
29.
interim award repairing damaged car
Whether documents
mentioned in sub-rule (4)
30. and sub-rule (5) of rule 20 Yes
have been annexed (give
details)
It is therefore most respectfully prayed
that the Petitioner may be awarded a
compensation of Rs. 35,00,000/- (Thirty
Five Lakhs only) along with 12% p.a.
interest since the date of filing of the
Claimant.
If is further, most respectfully prayed
31. Prayer
that the Claimants may be awarded
compensation under Section 140 of the
Motor Vehicles Act, 1988.
Any other or further relief as this Hon'ble
Tribunal may deem fit and proper in the
facts and circumstances of the case as
may be made.
a. That Claimant/Petitioner (Avinash Verma) is a law abiding citizen of
India and working as a Sales Manager-Strategic accounts in Lenovo
Company, on 29.05.2023 after meeting her wife from DDA was
coming back home from Vikas Minar ITO towards Vikas marg on his car
bearing no. DL14CC5447 along with her daughter (Vaani aged about 2
½ years) and with Deepika (Househelp/baby sitter).
b. That when Claimant along with Deepika (Househelp/baby sitter) and
minor daughter was about to cross Delhi secretariat out of nowhere a
grey color car Registration no. DL3CBY0524 in rash and negligent
manner hit the Claimant from the opposite side of the road by
crossing the divider with excessive speed causing with forceful impact
resulting the injured/Claimant sustained multiple injuries including
head injury, injury in his body, Fracture in the right wrist and crushed &
lacerated wounds in head and right leg and damaging car grossly
which includes ( Damaging driving wheel, steering and door, wheel
side bumper badly damaged etc), Pictures of the same has been
annexed for the kind perusal of this Hon’ble tribunal.
c. That after Car Registration bearing no. DL3CBY0524 hit the claimant in
the meantime claimant lost his senses furthermore Deepika
(Househelp/baby sitter) and minor daughter of the claimant had
excessive bleeding, when claimant got into senses he saw his Deepika
(Househelp/baby sitter) and his daughter was badly injured and was in
last stage of their life even delay of 2 minute might be enough for
taking there life.
d. That the claimant somehow managed to call her Wife namely Mona
Arya who took photographs of the incident further two unknown people
helped claimant and took him along with Deepika (Househelp/baby
sitter) and minor daughter to Malik Radix located in Nirman Vihar.
e. That after reaching to the abovementioned hospital Claimant realized
that they have just had narrow escape with the death and due to the
Gross accident Claimant along with Deepika (Househelp/baby sitter)
and minor daughter has suffered from multiple grievous injuries like
( Broken wrist, head injuries, leg break, chest injuries, broken hip and
many more ) Possibly making the claimant partial disabled, medical
records of the same has been annexed herein for the kind
perusal of this Hon’ble Court.
f. That due to Serious Injuries of the claimants neither claimants nor
their families are able to go to work due to which it is difficult to
meet basic necessity of life, The claimant and his Dependants that
are as follows-:
1. Manju Rani W/o Sh. Gopal Das Verma [Mother of Claimant],
2. Vaani Verma D/o Avinash Verma [Daughter of Claimant]
3.Virat Verma S/o Avinash Verma [Son of Claimant] are in
mental trauma & grief and left with no other option but to
approach this Hon’ble Tribunal in the interest of justice kindly pass
any appropriate order, judgement in favor of claimants, moreover
it is pertinent to mention herein that Claimant
g. That the circumstances in which the accident took place due to
sole negligence and carelessness driving of the respondent No.1
by driven Tarun Kamar Mishra S/o Sh. Jagannath Mishra R/o 803,
27 Block, East End, Appartment, New Ashok Nagar,New Delhi
The said accident could have averted if the respondent NO.1
driven the offending vehicle carefully and obeyed the traffic rules.
h. That at the time of accident, the offending vehicle was insured for
all purpose with the respondent NO.2, as such all the respondents
are jointly and severally liable to pay compensation to the
petitioners.
i. That due to the aforesaid accident, the injured has suffered great
pain, agony, mental torture and shock as well as permanent
disability. The loss cannot be compensated in terms of money.
j. That all the respondents are jointly and severally liable to pay the
compensation to the petitioner.
k. . The said accident could have averted had the respondent NO.1
driven the offending vehicle carefully and obeyed traffic rules.
Prayer
It is therefore most respectfully prayed that the Petitioner may be awarded a
compensation of Rs. 35,00,000/- (Thirty Five Lakhs only) along with 12% p.a.
interest since the date of filing of the petition till its realization.
If is further, most respectfully prayed that the Claimants may be awarded
compensation under Section 140 of the Motor Vehicles Act, 1988.
Any other or further relief as this Hon'ble Tribunal may deem fit and
proper in the facts and circumstances of the case as may be made.
PETITIONER
VERIFICATION
I, Avinash , the above named claimant do hereby verify that the contents of
Para 1 to 31 of the Claim Petition are true and correct to the best of my
knowledge and belief and those of legal averments are true and correct on
the basis of legal advice received and believed to be true by me. The last
para is the prayer to this Hon'ble Tribunal
Verified at New Delhi on _______ of 2023
PETITIONER
THROUGH
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIS HAZARI
COURTS, AT NEW DELHI
MACT PETITION NO. OF 2023
IN THE MATTER OF:
Avinash …Claimant/Petitioner
VERSUS
Tarun Kamar Mishra & Anr …Respondents
FIR NO. 152/2023
PS..I.P ESTATE
U/s-279/337 IPC
I, Avinash Verma S/o Sh. G.D Verma R/o 12/A-3, Hindustan Times
Apartments, Mayur Vihar, Phase-1, East Delhi-110091 do hereby solemnly
affirm and declare as under: -
1. That I am the Claimant/Petitioner in the above cited case and well
conversant with the facts thereof and as such I am competent to swear
this affidavit.
2. That I have filed an accompanying MACT petition before this Hon'ble
Court. The contents of the same may kindly be read as part and parcel
of this affidavit, which are not being reproduced herein for the sake of
brevity.
3. That the contents of accompanying MACT petition have been drafted
by my counsel under my instructions and contents thereof have been
read over and explained to me in vernacular, which I admit to be
correct.
DEPONENT
VERIFICATION: -
Verified at Delhi on this day of , 2023 that the contents of my
aforesaid affidavit are true and correct to my knowledge and belief and
nothing has been concealed therefrom.
DEPONENT
