Before the Motor Accident Claims Tribunal

IN THE COURT OF THE DITRICT !UD"E##ON"O$E

M%&%O%'% No% ()*+,
BET-EEN#.
1. Veluthurla Venkata Reddy S/o.Late Ramana Reddy,
aged about 27 years, Business,
2. Ambati Venkata Ratnam W/o.o!inda Reddy,
Aged about 2" years, #ouse Wi$e,
%. Veluthurla &rishna Reddy S/o.Late Ramana Reddy,
aged about 22 years, Army 'm(loyee,
)etitioners 1 * % are residents o$
&uri+hedu Village and ,andal,
)rakasam -istri+t and 2
nd
(etitioner is the
resident o$ Lakshmi .arayana )uram Village,
-arsi ,andal, )rakasam -istri+t. /..'etitioners
0heir address $or ser!i+e is that o$ their 1ounsel, Sri Abburi
Venkateswarlu and Vemula Venkata Pavan Kumar, Ad!o+ates,
2ngole.

AND
1. 0.Ra3a Ramesh Babu S/o.Satyanarayana,
#indu, aged about "4 years,
R/o.-..o.%526%, "
th
line, Satyanarayana(uram,
2ngole542%661, )rakasam -istri+t.
27ner o$ lorry bearing .o.A) 27 8 6169
2. Royal Sundaram Allian+e :nsuran+e 1o.Ltd.,
Re(.by its Bran+h ,anager,
1
st
;loor, &ai<en #ights, Sunday ,arket,
andhi .agar, .ellore542"661.
=1o!er .ote .o.62>9>7> !alid $rom 265675261% to 1?5675261"@.
0heir addresses $or ser!i+e are the same as abo!e. /%%Res0ondents
C$AIM A''$ICATION FI$ED UNDER ECTION +11 2+32c3 4 +15
OF MOTOR &EHIC$E ACT6 +755
1. .ame and $atherAs name o$ the B Veluthurla Adhi Lakshmi,
(erson/dead B W/o.Late Ramana Reddy,
2. ;ull address o$ de+eased B Veluthurla Adhi Lakshmi,
W/o.Late Ramana Reddy,
&uri+hedu =V@ * =,@
)rakasam -ist.
%. Age o$ the de+eased B "4 years
". 2++u(ation o$ the de+eased B Agri+ulturist
1
4. .ame and address o$ the B Self Employed
em(loyer, i$ any o$ the
de+eased.

>. ,onthly :n+ome o$ the (erson
de+eased B Rs.>,666/5 (er month
7. Whether the (erson in res(e+t o$ 7hom
+om(ensation is +laimed (ays in+ome B 55.o55
taC = to be su((orted by do+umentary
e!iden+e@
9. )la+e, date, time o$ the a++ident B 2n 2>56>5261" at about 615"6 hours, at
Boddu!ari(alem on .#51>, &oda!alur
=V@, .ellore -t.
?. .ame and address o$ the ).S. in
7hose 3urisdi+tion the a++ident B 1r..o.164/261" o$ &oda!alur ).S.
took (la+e or 7as registered. D/s.%6"5A, %%7 :)1.

16. Was the (erson in res(e+t o$ B
7hom +om(ensation is +laimed
tra!eling by the !ehi+le in!ol!ed .ot tra!elling in 1rime Vehi+le
in the a++ident. :$ so state the name
o$ (la+e or starting o$ 3ourney and
destination.

11. .ature o$ the in3uries, sustained B -eath 2++urred.
and the +ontinuing e$$e+t, i$ any,
o$ the in3uries.
12. .ame and address o$ the ,edi+al B -SR o!t. #os(ital, .ellore
2$$i+er/)ra+titioner i$ any 7ho
attended on the in3ured.
1%. .ature o$ and (eriod o$ treatment
and eC(enditure, i$ any in3ured B -eath 2++urred
thereon = to be su((orted by
do+umentary e!iden+e@
1". -isability $or 7ork i$ any +aused B -eath 2++urred
14. Registration number and ty(e o$ B Lorry bearing .o.A) 27 8 6169
the !ehi+le in!ol!ed in the a++ident.
1>. .ame and address o$ the B R51 is the 27ner o$ Lorry
27ner o$ the !ehi+le.

17. .ame and address o$ the insurer B R52 is the :nsurer o$ Lorry
o$ the !ehi+le.
19. #as any +laim been lodged 7ith
the 27ner/insurer o$ the !ehi+le B 55.o55
and i$ so 7ith 7hat resultE
1?. Whether the (erson in3ured 7as
2
in!ol!ed in any road a++ident B 55.o55
earlier =in +ase he 7as details o$
the a++ident should be set out@
26. Whether the (erson in3ured had
(re$erred +laim $or damages in B 55.o55
any +ase earlier and i$ so 7ith
that resultE
21. Whether he is related to $or has
kno7 to the de$endant and i$ B 55.o55
so ho7E
22. .ame and address o$ a((li+ants B Sho7n as (etitioners in +ause
title.
2%. Relationshi( 7ith the de+eased B Sons * -aughter o$ the
de+eased.
2". 0itle to the (ro(erty in3ured B L.RAs o$ de+eased.
24. Amount o$ +om(ensation +laimed
1. )e+uniary damages. Rs.
B Rs.7,66,666/5 =Ru(ees
Se!en lakhs only@
2. .on5)e+uniary damages Rs.
2>. A.8 20#'R :.;2R,A0:2. 0#A0 ,A8 B' .'1'SSAR8 2R
#'L);DL ;2R 0#' -:S)2SAL 2; 0#' 1LA:,.
The 1
st
petitioner is the Elder Son, the 2
nd
petitioner is
the daughter, and the 3
rd
petitioner is the younger son of the
deceased, V.Adhi Lakshmi. The husband of the deceased was
also died in the same accident. The Deceased had been
woring as Agriculturist and she used to get an income of
!s.",###$% per month and contributing the same her family
i.e., petitioners. The deceased was hale and healthy prior to
accident. The deceased was aged about &' years at the
time of accident.
(hile so, on 2'%#"%2#1& at about )%## p.m., the
deceased herein and her husband *.+arayana !eddy, her
sons ,1 - ,3 and her daughter, i.e., 2
nd
petitioner herein and
2
nd
petitioner.s daughters namely /ita and 0eerthi, Ambati
/o1inda !eddy, who is husband of the 2
nd
petitioner and
their relati1es, /angireddy 0asamma, Syamala Srihari,
%
*.Aswini were started at 0urichedu *illage on 2he1rolet 2ar
bearing +o.A, 23 T( 124# to go to Tirumala and at about
#1%3# a.m., on 2"%#"%2#1& when the car reached near
Boddu!ari(alem =V@ on .#51>, &oda!alur ,andal, .ellore -istri+t, due to
de+rease o$ air to the +ar tyres, the inmates o$ the +ar get do7n $rom the +ar
and waiting on the left side road margin and the dri1er of
said car taen out the car for 5lling up air to the car tyres
and in the meantime, the dri1er of 6orry bearing +o.A, 23 7
#1#) dro1e the same with rash and negligent manner in high
speed without blowing horn and without obser1ing the
persons who were on the left side road margin and went
e8treme left and dashed against the deceased and
petitioners 1 to 3 and others, while proceeding towards
+ellore side. Due to that hit, the deceased herein, *.!amana
!eddy, and /angireddy 0asamma were died on the spot and
the other persons were shifted to DS! /o1t. 9ospital, +ellore
for treatment and one Syamala Sri 9ari S$o.*enateswarlu
was succumbed to the in:uries while undergoing treatment.
The accident was occurred solely due to rash and negligent
dri1ing of dri1er of 6orry bearing +o.A) 27 8 6169, during the
course of his employment under the 1
st
respondent and the
same was insured with the 2
nd
respondent. After the
accident the 2
nd
petitioner ga1e report to the ,olice and the
same was registered as in 2r.+o.1#'$2#1&, ;$s.3#&%A, 333
<,2 of 0oda1alur ,.S. +ellore District.
The family members lost their bread winner. The
petitioners 1 - 3 are the sons, the 2
nd
petitioner is the
daughter of the deceased and they are su=ering with loss of
lo1e and a=ection and they lost their bread winner and they
are su=ering with lot of mental agony due to immature death
of the deceased and lost their future plans and future
earnings of the deceased.
!%1 is the >wner of the 6orry bearing +o.A, 23 7 #1#)
and R52 is the insurer o$ the said 6orry bearing +o.A, 23 7 #1#) and
"
hence both the respondents are :ointly and se1erally liable to
pay the compensation claimed by the petitioners.
The petitioners did not 5le any other petition in any
other Tribunal e8cept this claim petition.
A case was registered in 2r.+o.1#'$2#1& u$s.3#&%A <.,.2 of 0oda1alur
,.S.
9ence, the petitioners are claiming compensation of
!s.3,##,###$%.
27. A court fee of !s.",3"#$% is paid under rules &3' of ?.*.
!ules on compensation of !s.3,##,###$% dt. %#)%2#1& on
S.@.<, District 2ourt @ranch, >ngole.
)5% 'RA8ER#.
0he (etitioners there$ore (ray that the #onAble 1ourt may be (leased
to (ass a de+ree and Fudgment in $a!our o$ the (etitioners and against the
res(ondents 7ith 3oint and se!eral liabilityG
i@ $or +om(ensation o$ Rs.7,66,666/5 ru(ees Se!en lakhs onlyG
ii@ $or subseHuent interest at 12I (.a. $rom the date o$ (etition, till the date
o$ reali<ationG
iii@ $or +osts o$ the (etitionG and
i!@ $or su+h other and $urther relie$s in the interests o$ 3usti+e.
AD&OCATE FOR 'ETITIONER 'ETITIONER
0he $a+ts stated abo!e are true to the best o$ my kno7ledge, belie$ and
in$ormation.
4
ON"O$E, 'ETITIONER
Dt#. .*5.)*+,
$ist of Documents#.
1. JeroC +o(y o$ ;.:.R% in 2r.+o.1#'$2#1& u$s.3#&%A, 333 <.,.2 of
0oda1alur ,.S.
2.JeroC +o(y o$ :nHuest Re(ort, relating to de+eased, V.Ramana Reddy,
%.JeroC +o(y o$ ).,. 1erti$i+ate relating to de+eased, V.Ramana Reddy.
Ad9ocate for 'etitioners
A%&%
'etitioners
B';2R' 0#' ,202R A11:-'.0S
1LA:,S 0R:BD.AL
:. 0#' 12DR0 2; 0#' -:S0R:10
FD-' BB2.2L'BB
,.V.2.)..o. /261"
C$AIM A''$ICATION FI$ED
ON BEHA$F OF THE
'ETITIONER UNDER ECTION
+11 2+32c3 4 +15 OF M%&%ACT6 +755
>
FILED BY:-
Sri.ABBDR: V'.&A0'SWARLD,
Sri.V.V.)AVA. &D,AR,
A-V21A0'S, 2.2L'.
7