@ ote qaalere MHA} 002085-2022 ena zs G ie Not Dit and Sessions Con. Abmcaagae % INTHE COURT GF Siri. NR. Naikwrade ” District Judges And Addl, Sessions Judge, Nagae, Ahmadngar. NOTICE/SUMMONS IN MoToR MACRO ACCIDENT CLAIM PETITION, Mohesh Rajendra Ghortale Vs Mari alias Haribhiat MERE Reliance General Insurance Ca,L C4, C-16,2ui Floor, ABC Complex, Adalat Road, Aurangabad, Aurangabad, AURANGABAD, MAHARASHITRA, Whereas has insted 2 Motor Arciden Chitn Petition impeating yar as one of die Iepont yim on ced oe Eels boa Isha at inthan Cara ne Inrlta thease copy ah Waste chy «ren satemets of our defen and to ce onthe aid day all documents in yur Dosssin postr upon which ou have yur dence, aa achere yea ely on any other decumert ‘waefir in your possession ar pase or not as evicenee in supp of your delenc, ou sul ener suchcuimats im aUst tn be anno toche serten stent Take notice the. in default of your appesrance on the day befovemenioned she sult wil be beard ard teenie i yar absence {oven a my nda hes he a is 24062022 tr bdeg.- sonal 2) District cob, Amednngae ( RW.CS Civil Judge Sr Division Tal & die Atibatighid for favour By order, Supeviniendes Distict court, Abuneduagar 27M am 3 j | PearsPPO Nho-2 INTHE COURT OF HON'BLE CHAIRMAN, MOTOR ACCIDENT CLAIMS TRIBUNAL, AHMEDNAGAR, AT : AHMEDNAGAR. a (CLAIM PETITION APPLICANT Mahesh Rajendra Ghortale, ‘Age-25yis., Oceu.- Agri, Now nil, Ro Bodhegaon, Tal. Shevgaon, Dist. Anmednagar Mob, No, 7218215321 MOTOR ACCIDI orvonrn 1) Hari @ Herithau Vithal Zambrc, ‘Age- 47 yeurs, Oceu. Agriculture, Rio Bodhiegaon, Tal Shevgaon, Dist. Ahmednegar (Quner-cumn-driver of Scorpio Jeep No. MH-16-CQ.2284) 2) Reliance General Insurance Co.Ltd €9&C 10, Ind Floor, ABC Comples, Adalat Road, ‘Aurangabad 431 001 (insurer of Scarpio Jeep No. MH= 16-CQ-2264, Policy/Centificate No. 171522/2309000013 valid fiom 31.01.2021 wo 30.01.2022) .00,000/- u/s, 156 of MLV. Rs. 25,0000- wis, 150 oF MV. Act To, THE HON’BLE CHAIRMAN, MOTOR ACCIDENT CLAIMS TRIBUNAL, AHMEDNAGAR. Respected Sir,1, Mahesh Rajendra Ghortale, resident jodhegson, Tal SShevgaon, Dist. Abmednagar, do hereby apply for grant of ecrpensation on accocat of accidental injuries and thereby permanent disablement sustained 1 me, in motor vehicle aveldent, whieh tok place on 2707-2021 at aout (0.30.2, NECESSARY PARTICULARS VEHICLE ETC. ARE GIVEN AS BELOW ol 04, 0s, o7. Pull nome and address of the + injured. ‘Age of the person injured, Geoupation oF the person injured. Name and address of the emsloyer, if any, of the injured. Mantily income of the : person injured. Place, date and time of the ecident with the name of Police Station, in whose jurisdiction the accident fook place or was registered. \Wes the person in respect of ‘whom corapensation is laimed was wavelling by the vehiele involved in the sesident ? If 50, give the name af places of starting of journey and destination. Mr, Mahesh Rajendra GChortale, Bo Bochegaon, ‘Tel, Shevgaon, Dist, Ahmednagar 25Years (D.OB. 03.09.1996) Agriculiare NA. Rs, 1,20,000/- per annum net income from agriculture On Shohagad to Ambad Road, ‘within the jurisdiction of village Ziepi, Tal. Ambad, Dist, Jalna, Dave & Time : 27.07.2021 ‘at about 10.30 a.m, -Ambad Police Station, CR.NO. 1-421 of 2021 ws. 279, 337, 338, 427 IPC Yes, applicant was travelling in Scorpio Jeep No, MH-16-CQ- 2264 from Bodhepzon to Jalna08. Nature of injuries sustained & period of treatment and expenditure, if any, and whether it eaused permanent Usability or not, of the injury. 09. Name and address of the + Medical Officer. Medical Proctitioner, if any, who attended the injurea’deee. 10, Registration number and type of vehicle involved in the accident. 11. Applicane’s relationship with the injure. 12. Title to the prperty of + injured 13, Amount of compensation + claimed. LA. Any other information that m disposal ofthe clei. Grievous, Applicant sustained let thigh fracture, let midshaft-femer and olher injuries. Because of fccidental injuries applicart sustained permanent disablemest ‘Applicant: wos initially taken 10 SubDistriet Hospital, Ambad, ‘abere first aid was given. Then the was admitted as indoor patient in De, Kalarskar Accident Hospital and Surzical Hospital ‘Ahmednagar from 27.07.2021 t0 30.07.2021, Applicent incurred expenditire of Rs.1,00,000 for hospitalizations and medicines Medical fiver, Sub-Distiict Hospital, Amiond, De. Kelamkar, Ahmednagar Scorpio Jeep bearing registration No. MH+16-CQ-2264 Not applicable. ‘Not applicable. Rs. §,00,000/- inclusive of N.PL. amount Rs, 28,000 yy be necessary of helpful in the ww ‘On the fateful day ic: on 27.07.2021, applicant Mahesh and tis tienda vie. Akshay Baban Bhosale, Sachin Bhagwan Sslunke and Pevidas Gokul Funde were tavetling No. MH-16-CO-2264, owned by their from Bodhegaon to Julna for aitendi in Seorpio Joep bearing registration friend namely Hori Vitthal Zambre marriage of their villager AmirSayyed As jeep owns of thelr ftiend, he did noe receive fai fom applicant and otters, ‘They only spent for fil, At the relevant point of time eround 1030 am said jeep was being driven by ite driver-cum- covrner ie, opponent No, | by Shahagad ty Amba road, Opponent No, 1 se diving it in high spood and in rsh ond negligent manner too, When Jeep reached in the vieiity of village Zirpi, Tal, Ambad, Dist. Jalna, «specially near field beuring Gat No. 58 of one Dayandeo Gawd, due 10 high speed, opponent na.1 lose contro! over the vehicle and. ft went off the road and tumed turtle in the field adjacent to oad topsy trvy. Thus, sovident cpeurred due ta rach and nepligent driving of Jeep by is driver ‘opponent No.l. In the said accident, applicant Mahesh and other: ‘cecupants ofthe jeep were sustained grievous injuries, Injuries sustained 10 applicant resulted into his permanent diseblement, Ambad Police visited spot uf accident, prepared spot ppanchsnaria and recorded statements of eye witnesses. After due investigation police registered crime against Jeep driver, vide C.R. No. I~ 421 of 2021 u/s. 279, 338, 427 IPC. @) ‘Afier the accident applicant was immedistely taken to Sub- District Hospital, Ambad, where first aid was given to him and Medical Officer taking into consideration, sericusness of the injures, advised to shift him in higher center, Then, as applicant is rosidont of Bodhegaon, Tal. Shevgaon, Dist. Ahmednagar, his relatives brought him in ambulance to Ahmednagar and admitted him in Dr. Kalamiar AccidentHospital and Surgical Hospital at Ahmednagar. During this hospitalization verious teats, CT Sean brain, MRI, x-rays were carried ont, from which it revealed thet applicant sustained left thigh fracture, Jef Jnalt-femut and other injuries, Applicant was indoor patient in Er. ‘Kalamcar Accident Hospital and Surgical Hospital et Ahmedngar forthe period fom 27.07.2021 10 30.07.2021, During this hospitalization applicant wos operated for fracture of fot femur and naling was dove ‘with Fixing setews. Applicant incured expendinare of Rs.1,00,000= For hospitalizations and medicines, Still appicent is not cured and rnovements of is ff eg re resisted. ‘There are pins in lft leg: Hes tunable to sland and elk. He finding difficulty while sitting on aps, sjating and bending forward, Because of accidental injuries, applica sustnned permanent cisabiliy, Applicant incured ambulance and conveyance charges at Re. 20,000/-, Applicant was attended by his relotives daring his hospitalization at Ahmednagar and henee applicant incurred expenses worth Rs, 10,000/- for their food and travelling et. Applicant incurred expenses oF RS25,000/- for special food. o At the time of accident, applicant was 25 years young fellow, having.2 Acres thas iteigatec Jand in his father’s name, which be ‘ves cultivating end raising cash erop like Cotton, Tur; Gram ete. and thereby used te cart Rs, 1,20,000/- per annum net income after deducting cultivation expenses. Because of accidental injucies, applicant lost bis earning capacity consideribly and he is not able to do agricultural workcor ard work w previously he ws dol. Doe to aoeidental injures and thereby permanent disability sustained by him, applicant has suffered mental shook well as pecuniacy and non-pecniary 1s. The applicant is cuted wo get compensstion under head of fost of income due 4 permanent Csibiliy, hospitalization and medical expenses, stiendant cturges, ambulance. charges, special die, pains and shoels ete “Thereoee, applicant is clsiming tum sum compensation worth Rs £00,000) hich 8 jose ana proper one >) ‘Tne opponent Not is registred ownet-cumdrver of the Scuipio Joep involved in this accident and it was duly insured wh pponent N0.2 Insurance Company. Therefore, both the opponents are Joinily and severally liable w pay compensation tothe applicant, 15) CAUSE. OF ACTION: It arose on 27.07.2021, when the motor ‘yehicle accident ocourred and injured sustzined grievous injuries in the said moter vehicle eesident and thereby sustcined permanent disability. nt is owned and driven by opponent No.1, and Jeep involved in the ac insured with opponent No. 2 Insurance Compery’ and as they have not paid any compensation to the applicant, itis continue day 10 day: 16) JURISDICTION : ‘The applicant so also opponent 0.1 re resident of Bodhegaon, Tal, Shevgaon, Dist, Ahmednager. Hence, Hon'ble Tribunal has jurisciction wo try andl decide this claim: petition17) VALUATION : The amount of compensation of Rs, 5,00,000'- 1s claimed inthis application, therefore, claim petition ia valued atthe same and neveesary court fee stamp 1s being pat 18) As regards imitation : An secident oceurned on 27.07.2021. “Applicant wns indoot patient for considerable period, There was Covide 19 pandemic, Applicant ineuored huge expenses for his treatment. There ‘was nobody to go 10 Police and approsch advocate, Now anyhow applicant approached 10 advocate, ealleoted police papers, managed for expenses aa filing claim petition atthe eariest, Hon'ble Supreme Court tras extended limitation, Hence, if Hon'ble Tribunal finds that there i ay delay in filing this claim pefton, that may kindly be condoned taking ito consideration above all acts ©) RELIEFS CLAIMED: (2) “The application may kindly be allowed and the opponents may Kinlly be ordered to pay joinly end severally the amount of compensation Rs, 5,00,000!- tothe applica. (0) The opponents my kindly be ordered to poy jointly and severally the amount of eompensetion Re, 25,000/- ws 140 of the Mowe Venicles Acti the applicant Interest at the rate of 12% p.a. om the amount of compensation from the date of avcident tll the date of payment or realisation of tic emount ef compensation my kindly be awarded (@). Costs ofthe petition may be awarded.fc) Any other relief consistent with fete and circumstances OF the cease and the amount of compensation more then claimed and permissible by law may kindly be swarded to the applica SOLEMNLY AFFIRMED AT AHMEDNAGAR. Tals DAY OF MARCH, 2022. Advocate APPLICANT 1, wish to make a elaim for compensation ws. 140 aad 166 of M.V.Act, ss. SRIFICATION 1; Mahesh Rajendra Ghortal, age- 25 years, Oceu.~ now nil, ‘Tal. Shevgson, Dist: Ahmednagar, solemnly declare thet Ro Boca) the particulars given above are tue and correct to the best of my Ienowledge and helief and that no claim in respect of the same accident bias been filed by me therein or pending under Sections 140, 166 oF 163-A ofthe Motor Vehicles Act, before any other Farum in Indi. ‘Veaified before me and Identified by me This day of March, 2022. ‘Advocate APPLICANT