1. The petitioners, who are the wife and parents of the deceased Sayyad Mabasha, have filed a claim for compensation under the Motor Vehicles Act against the owner and insurer of a lorry involved in an accident that caused Mabasha's death.
2. Mabasha was working as the second driver of a lorry owned by the first respondent and insured by the second respondent. He died in an accident on January 8, 2001 when the lorry he was driving collided with another stationary lorry near Nellore.
3. The petitioners are claiming compensation of Rs. 8 lakhs for loss of income and consortium due to Mabasha's untimely
1. The petitioners, who are the wife and parents of the deceased Sayyad Mabasha, have filed a claim for compensation under the Motor Vehicles Act against the owner and insurer of a lorry involved in an accident that caused Mabasha's death.
2. Mabasha was working as the second driver of a lorry owned by the first respondent and insured by the second respondent. He died in an accident on January 8, 2001 when the lorry he was driving collided with another stationary lorry near Nellore.
3. The petitioners are claiming compensation of Rs. 8 lakhs for loss of income and consortium due to Mabasha's untimely
1. The petitioners, who are the wife and parents of the deceased Sayyad Mabasha, have filed a claim for compensation under the Motor Vehicles Act against the owner and insurer of a lorry involved in an accident that caused Mabasha's death.
2. Mabasha was working as the second driver of a lorry owned by the first respondent and insured by the second respondent. He died in an accident on January 8, 2001 when the lorry he was driving collided with another stationary lorry near Nellore.
3. The petitioners are claiming compensation of Rs. 8 lakhs for loss of income and consortium due to Mabasha's untimely
1. The petitioners, who are the wife and parents of the deceased Sayyad Mabasha, have filed a claim for compensation under the Motor Vehicles Act against the owner and insurer of a lorry involved in an accident that caused Mabasha's death.
2. Mabasha was working as the second driver of a lorry owned by the first respondent and insured by the second respondent. He died in an accident on January 8, 2001 when the lorry he was driving collided with another stationary lorry near Nellore.
3. The petitioners are claiming compensation of Rs. 8 lakhs for loss of income and consortium due to Mabasha's untimely
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Before the Motor Accident Claims Tribunal
IN THE COURT OF THE DITRICT !UD"E##ON"O$E
M%&%O%'% No% ()*+, Between:- 1. Sayyad Banu W/o.Late Mabasha @ Mahabasha, aged about 28 years, 2. Sayyad Mohamad S/o.Kalesha, aged about 58 years, 3. Sayyad Basheer W/o.Mohamad, aged about 53 years, ll are Musl!ms, and res!dents o" #.$o.%&2'1, Kanumalla (aod, S!ngaraya)onda *+, - *M,, .ra)asam #!str!/t. 0..Petitioners 1he!r address "or ser2!/e !s that o" the!r 3ounsel, Sri.B.Adi Babu, Advocate, Ongole. AND 1. .athan r!" Khan S/o.$a4eer Khan, ged about 2% years, Musl!m, (es!dent o" #.$o.5&21', Byrag!manyam, S!ngaraya)onda *+, - *M,, .ra)asam #!st. Owner of Lorry bearing No.AP 27 2!"#. 2. 1he 5r!ental 6nsuran/e 3o., Ltd., (e7.by !ts #!2!s!onal Manager, Santha7et, near (a4amma 8os7!tal, 5ngole. *.ol!/y $o.$"2#!!%"&%2!!'%""'$, 2al!d u7 to 2!-!2- 2!&!, (..)es*ondents 1he!r addresses "or ser2!/e are the same as abo2e. C$AIM A''$ICATION FI$ED ON BEHA$F OF THE 'ETITIONER U(ec%+-. OF MOTOR &EHIC$E ACT/ +011 1. Name and fathers name of the : Sayyad Mabasha @ Mahabasha, person/dead : S/o Mohamad. 2. Full address of deceased : Sayyad Mabasha @ Mahabasha, S/o Mohamad, R/o.Singarayaonda !"# $ !M#, %raasam &ist.
'. (ge of the deceased : '2 years ). *ccupation of the deceased : 2 nd &ri+er of ,orry -.No.(% 2. / '021 1 2. Name and address of the : 1 st respondent sho3n in 4ause 5itle employer, if any of the deceased. 6. Monthly 7ncome of the person deceased : Rs.10,000/8 p.m. .. 9hether the person in respect of 3hom compensation is claimed pays income : 88No88 ta: ! to -e supported -y documentary e+idence# ;. %lace, date, time of the accident : *n 1081182001 at a-out 0)8)2 a.m., on N<82, Ne3 %enna =ridge, Nellore Nellore &istrict. 1. Name and address of the %.S. in 3hose >urisdiction the accident : 4r.No.'22/2001 of Nellore Rural %.S. too place or 3as registered. ?/s.''. $ '0)8( 7%4.
10. 9as the person in respect of : 5he deceased 3as tra+eling as a dri+er 3hom compensation is claimed of ,orry -.No.(% 2. / '021 and the tra+eling -y the +ehicle in+ol+ed crime +ehicle dashed the stationed lorry in the accident. 7f so state the name and the accident 3as occurred due to that of place or starting of >ourney and the deceased succum-ed to the in>uries. destination. 11. Nature of the in>uries, sustained : &eath *ccurred. and the continuing effect, if any, of the in>uries. 12. Name and address of the Medical : &.S.R.@o+t. &istrict <ospital, Nellore *fficer/%ractitioner if any 3ho attended on the in>ured.
1'. Nature of and period of treatment and e:penditure, if any in>ured : &eath *ccurred thereon ! to -e supported -y documentary e+idence# 1). &isa-ility for 3or if any caused : &eath *ccurred 12. Registration num-er and type of :,orry -.No.AP 27 "!2# the +ehicle in+ol+ed in the accident. 16. Name and address of the :Sho3n as R81 in the cause title *3ner of the +ehicle.
1.. Name and address of the insurer :Sho3n as R82 in cause title of the +ehicle. 1;. <as any claim -een lodged 3ith 2 the *3ner/insurer of the +ehicle : 88No88 and if so 3ith 3hat resultA 11. 9hether the person in>ured 3as in+ol+ed in any road accident : 88No88 earlier !in case he 3as details of the accident should -e set out# 20. 9hether the person in>ured had preferred claim for damages in : 88No88 any case earlier and if so 3ith that resultA 21. 9hether he is related to for has no3 to the defendant and if : 88No88 so ho3A 22. Name and address of applicants : Sho3n as petitioners in cause title. 2'. Relationship 3ith the deceased :9ife, $ %arents of the deceased 2). 5itle to the property in>ured : ,.Rs of deceased. 22. (mount of compensation claimed 1. %ecuniary damages. Rs. : Rs.;,00,000/8 !Rupees Bight lahs only# 2. Non8%ecuniary damages Rs. 26. (NC *5<BR 7NF*RM(57*N 5<(5 M(C =B NB4BSS(RC *R <B,%F?, F*R 5<B &7S%*S(, *F 5<B 4,(7M. 1he 7et!t!oners beg to subm!t that the 1 st 7et!t!oner !s the W!"e, and the 7et!t!oners 2 - 3 are the 7arents o" the de/eased Sayyad Mabasha and they are res!dents o" S!ngaraya)onda *+, - *M,, .ra)asam #!str!/t. 1he #e/eased had been 9or)!ng as 2 nd dr!2er o" the lorry bear!ng $o. . 2: ; 2<3% under the 1 st res7ondent and used to get !n/ome o" (s.1<,<<</& 7er month and ma!nta!n!ng h!s "am!ly !.e., 7et!t!oners. 1he de/eased 9as hale and healthy 7r!or to the a//!dent. 1he de/eased 9as aged about 32 years by the t!me o" a//!dent. ' Wh!le so, on <%&11&2<<% at about '&'< a.m., the de/eased and one Syed bdul (asheed 9ent as dr!2ers to the lorry bear!ng $o.. 2: ; 2<3% and loaded the red gram to go to 5r!ssa State and on the 9ay, 9hen the sa!d lorry rea/hed near .ennar Br!dge and at that t!me, a lorry bear!ng $o.. <2 W 52=% 9as stat!oned on the road 9!thout 7ar)!ng l!ghts and the de/eased 9ho 9as dr!2!ng the /r!me 2eh!/le as a 2 nd dr!2er and at that t!me the 1 st dr!2er 9as ta)!ng rest and at that t!me, the de/eased h!t the stat!oned lorry bear!ng $o.. <2 W 52=% on !ts ba/). #ue to that h!t, the de/eased 9as stru/) !n h!s lorry /ab!n and susta!ned mult!7le !n4ur!es all o2er h!s body and the 7ersons, 9ho gathered there, /alled 1<8 mbulan/e and sh!"ted the de/eased to 8ead >uarters 8os7!tal, $ellore and the de/eased su//umbed to the !n4ur!es 9h!le ta)!ng treatment. 1he de/eased 9as d!ed out o" dur!ng the /ourse o" h!s em7loyment under the 1 st res7ondent as a 2 nd dr!2er and the lorry 9as !nsured 9!th the 2 nd res7ondent. 1he lorry bear!ng $o.. 2: ; 2<3% 9as 9ent to long tr!7, so both the dr!2ers are 7ossess!ng 2al!d and e?e/t!2e dr!2!ng l!/en/e to dr!2e the /r!me lorry. 1he "am!ly members are the de7endants on the !n/ome o" the de/eased. 1he 1 st 7et!t!oner !s the W!"e o" the de/eased and she has been su?er!ng 9!th loss o" /onsort!um, and the 7et!t!oners 2 - 3 are the 7arents o" the de/eased and they are su?er!ng 9!th loss o" lo2e and a?e/t!on due to !mmature death o" the de/eased and they are su?er!ng 9!th star2at!on a"ter the death o" the de/eased at ther old age. 1he 7et!t!oners ha2e lost the!r lo2e and a?e/t!on and they lost the!r br!ght "uture due to !mmature death o" the de/eased. 1he 7et!t!oners are lost the!r bread 9!nner and also susta!ned loss o" future earnings of t+e deceased. (&1 !s the o9ner o" the Lorry bear!ng $o.. 2: ; 2<3%, (&2 !s the !nsurer o" the Lorry bear!ng $o.. 2: ; 2<3% and hen/e both the res7ondents are 4o!ntly and se2erally l!able to 7ay the /om7ensat!on /la!med by the 7et!t!oners. ) 1he 7et!t!oners d!d not @le any other 7et!t!on !n any other 1r!bunal eA/e7t th!s /la!m 7et!t!on. /ase 9as reg!stered !n 4r.No.'22/2001 of Nellore Rural %.S, S...S.(.$ellore #!str!/t. 8en/e, the 7et!t!oners are /la!m!ng /om7ensat!on o" )s.',!!,!!!/&. 27. @Aed /ourt "ee o" (s.:,3=</& !s 7a!d on S.B.6. 3hallana, 5ngole, dt. , under Se/.':5 o" M.+. (ules on /om7ensat!on o" (s.8,<<,<<</&. )1% 'RA2ER#3 5he petitioners therefore pray that the <on-le 4ourt may -e pleased to pass a decree and Dudgment in fa+our of the petitioners and against the respondents 3ith >oint and se+eral lia-ilityE i# for compensation of Rs.;,00,000/8 !Rupees Bight lahs *nly#E ii# for su-seFuent interest at 12G p.a. from the date of petitionE iii# for costs of the petitionE and i+# for such other and further reliefs in the interests of >ustice. AD&OCATE FOR 'ETITIONER 'ETITIONER 5he facts stated a-o+e are true to the -est of my no3ledge, -elief and information. 2 ON"O$E, 'ETITIONER Dt#3 $IT OF DOCUMENT 1% /ero: (ttested copy of F.7.R in 4r.No.'22/2001 of Nellore Rural %.S. 2. /ero: (ttested copy of 7nFuest Report relating to deceased, Mabasha @ Mahabasha. 3. ;eroA attested /o7y o" ..M.3ert!@/ate relat!ng to the de/eased, '. ;eroA ttested /o7y o" M.+.6.(e7ort, 5. ;eroA /o7y o" #r!2!ng L!/ense relat!ng to the de/eased, =. ;eroA /o7y o" 3ert!@/ate o" (eg!strat!on relat!ng to the /r!me 2eh!/le, :. ;eroA /o7y o" 6nsuran/e .ol!/y relat!ng to the /r!me 2eh!/le, (&"*4(5B F*R %B5757*NBRS B.A.B 'etitioners =BF*RB 5<B M*5*R (447&BN5S 4,(7MS 5R7=?N(, 7N 5<B 4*?R5 *F 5<B &7S5R745 D?&@B ::*N@*,B:: M.".*.%.No. /201) C$AIM A''$ICATION FI$ED ON BEHA$F OF THE 'ETITIONER UNDER ECTION +-. OF M%&%ACT 6 FILED BY:- Sr!.B.#6 BBB, d2o/ate, 5ngole. .