BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT SHAHAPUR

M.V.C. NO.1424 OF 2009

Pradhani V/s Basawaraj & Others

LIST OF WITNESSES

1. Dr. Shachin Shah

M.S Ortho
Avinash Hospital, Gulbarga.

2.

Date :
Place: Shahapur Petitioner
Through

Advocate
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT SHAHAPUR

M.V.C. NO.1424 OF 2009

Pradhani V/s Basawaraj & Others

Affidavit U/O 18 R 4 CPC

Name : Pradhani

Sonof : Bhimaraya

Age : 31 years

Occ : Agricultural and Contractor (Now Nil)

R/o : Behind Bustand Shahapur

Do hereby state on oath as under:

That, the petitioner was aged about 30 years hale & healthy prior to
the accident and he was earning Rs. 4,00,000/- PA by doing agriculture
work & supervisor the land & getting high yields. & 2,00,000/- PA by
Contractor work .

That, on 31-01-2009 at about 4:45 PM the petitioner was walking by

the side of the road near Gangavi Math on Sindhagi Jewargi main road at
the time a motor cycle Bearing No. KA-32-U-241, came from Sindhagi road
in high speed & raider of the motor cycle was riding it in a rash & negligent
zig zag manner and dashed to the petitioner as a result of which the
petitioner fell down sustained fracture of left ankle joint hand & fracture of
both bone of left leg other grievous injuries on his person immediately the
petitioner was shifted to GG. Hospital Jewargi. & there after he was
referred to higher center & admitted at privet Hospital and undergo
operation on the said injuries and incurred huge medical penses more then
Rs. 1,00,000/- and still under treatment as out patient.

That, due to the injuries sustained in the accident the petitioner in is

unable to stand and walk without the help of walking stick. The moment of
left leg is restricted he cannot do any hard work as his left leg will not bear
the weight

The petitioner is limping hence he is unable attend his day to day

duty of Agriculture works and also contractor work. The Doctor who treated
him are of the opinion that he has to live with above said disability for his
life time. A case is registered against the driver of the Motor Cycle in Cr.
No. 55 of 2009 at Jewargi P.S. Hence the petitioner claims compensation
as under.

1. Loss of Earning 18,00,000/-

2. Medical Expenses 1,00,000/-
3. Future Medical Expenses 30,000/-
4. Pain & Suffering 30,000/-
5. Loss of enjoyment of life 50,000/-
6. Discomfort & Hardship 30,000/-
7. Transportation & Attendance Charges 30000/-
Total Rs. 20,70,000/-

That, R-1 being the owner of the Vehicle and R-2 being the insurer
of the Vehicle are liable to pay compensation to the petitioner jointly &
severally.

PRAYER

Hence it is prayed that, the claim petition may kindly be allowed for
Rs. 20,70,000/- with interest an 12% pa holding both R-1 & R-2 liable to
pay compensation from the date of accident till actual realization of entire
amount in the interest of justice.

Hence this affidavit.

I do swear in the name of god, that this is my name and signature

and contents of this affidavit are true and correct to the best of knowledge,

belief and information. Hence the same is verified and signed on this 25th

day of May 2010 at Gulbarga

Place: Shahapur Deponent

Date:
Identified by me

Advocate
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

Application U/O. XVI Rule 1-A R/W Sec. 151 CPC

May it Please Your Honour,

For the reasons stated in the accompanying affidavit, it is prayed

that, the Hon’ble Court may kindly be pleased to permit the deponent to file

list of witnesses, in the interest of justice and equity.

Date:

Place: Shahapur Deponent

Through

Pradhani

Advocate
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

AFFIDAVIT

I Pradhani S/o Bhimaraya Age : 30 years, Occ : Agriculturist and

Contractor Now nil, R/o: Behind Bustand Shahapur. Tq Shahapur Dist:

Yadgiri, do hereby state on oath as under:

1. I am Petitioner in the above case, hence I know the facts of the

case.

2. The deponent was under impression that he migha have filed the list

of witness in the above case and on verification of the file it remain

in the file only. The filing of list of witness in support of his case is

very necessary and essential. If the production of list of witness is

allowed no hardship will cause to other side and if the same is not

allowed I will be put to hardship. Hence in the interest of justice it

would be expedient to allow the deponent to file the list of witness

and same may kindly be accepted.

Hence, this affidavit

I do swear in the name of God that this is my name and signature

and the contents of this affidavit are true and correct.

Date:

Place: Shahapur Deponent

Through
Pradhani

Advocate
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

APPLICATION U/O 26, R-9 R/W SEC. 151 CPC

Your Honour,

For the reasons stated in the accompanying affidavit, the Hon’ble

Court be pleased to appoint court commissioner to record evidence of

Dr. Sachin Shah Gulbarga in the interest of justice .

Date : Deponent

Place: Shahapur Pradhani

 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

AFFIDAVIT

I Pradhani S/o Bhimaraya Age : 30 years, Occ : Agriculturist and

Contractor Now nil, R/o: Behind Bustand Shahapur. Tq Shahapur Dist:

Yadgiri, do hereby state on oath as under:

1. That, I am petitioner in the above case, hence I know the facts of the
facts of the case.
2. That, 1 on account of the injuries sustained in the accident has taken
treatment with Dr. Sachin Shah Avinash Hospital, Gulbarga and the
said doctor has treated me for the injuries sustained by me in the
accident.
3. That, the evidence of the said Doctor is very essential in the above
case. He being a senior Doctor is having his busy and tight schedule
and hence unable to come over to Gulbarga and adduce evidence in
the above case.

Therefore it is just and proper to appoint any person as Court

Commissioner for recording the evidence of the said Dr. Sachin
Shah. If the application is allowed, as prayed for, no prejudice will be
caused to the other side, while if not, it will be difficult for the Hon’ble
Court to come to proper conclusion.

Hence this affidavit is sworn on this day at Gulbarga.

Place: Shahapur Deponent

Date:
No. of Cornn ( )
Identified by me.

Advocate
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

PETITION_U/O.7_RULE 14(3)F CPC R/W Sec. 151 of CPC.

Your Honour,

For the reasons stated in the annexed affidavit the Hon1e Court be

pleased to permit the petitioners to produce the document as per list of

document enclosed, in the interest of justice.

Date : Petitioners.

Place : Shahapur Pradhani

Through
 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL

AT SHAHAPUR.

M.V. C No. 1424 of 2009

Pradhani V/S Basawaraj

& others

AFFIDAVIT

I Pradhani S/o Bhimaraya Age : 30 years, Oc : Agriculturist and

Contractor Now nil, R/o: Behind Bustand Shahapur. Tq Shahapur Dist:

Yadgiri, do hereby state on oath as under:

1. That in the above case I am petitioner hence I know the facts of the
case.

2. That, I am producing herewith as per the under the cover note of list
of documents. The said document was not filed earlier as the same
was not available.

3. That, the case is still at the initial stage. The said document is very
essential one. Hence if the production of document is allowed no
prejudice will cause to respondents. On the other hand I will be put
to heavy loss and hardship. Therefore the Hon’ble Court be pleased
to permit me to produce the said document.

Hence, this affidavit.

I do swear in the name of God that this is my name and signature

and contents are true and correct.

Place: Shahapur Deponent

Date:
No. of Cornn ( )
Identified by me.

Advocate