IN THE COURT OF THE LEARNED DISTRICT JUDGE, NEW DELHI

CIVIL SUIT NO. 2016

IN THE MATTER OF:

YUDHISHTHIRA KAPUR …PLAINTIFF

VERSUS

UNITED INDIA INSURANCE CO. LTD. DEFENDANT

INDEX

SR. NO. PARTICULARS PAGE NOS.

1. Memo of Parties
2. Suit for Recovery along with affidavit in support.
3. List of Documents along with documents
4. Vakalatnama

NEW DELHI
DATED
Filed by;

HANDA & CO.

E-102, LGF, KALKAJI
NEW DELHI-110019
PH. NO. 01146078301-2
E-MAIL: mail@handaandcompany.in
 IN THE COURT OF THE LEARNED DISTRICT JUDGE, NEW DELHI

CIVIL SUIT NO. 2016

IN THE MATTER OF:

YUDHISHTHIRA KAPUR …PLAINTIFF

VERSUS

UNITED INDIA INSURANCE CO. LTD. DEFENDANT

LIST OF DOCUMENTS

SR. NO PARTICULARS PAGE NOS.

1. Medical Bills
2. Insurance Policy of Vehicle No. DL8CW0019 for the

period of 11.01.2012 to 10.01.2013.

3. Communications exchanged between parties.
4. Order dated 31.01.2015, of Hon’ble District Consumer

Dispute Redressal Forum, ISBT Kashmere Gate.

5. Order dated 16.12.2015, of Hon’ble Presiding Officer

MACT, Saket Courts, New Delhi.

NEW DELHI
DATED
Filed by;

HANDA & CO.

E-102, LGF, KALKAJI
NEW DELHI-110019
PH. NO. 01146078301-2
 IN THE COURT OF THE LEARNED DISTRICT JUDGE, NEW DELHI

CIVIL SUIT NO. 2016

IN THE MATTER OF:

YUDHISHTHIRA KAPUR …PLAINTIFF

VERSUS

UNITED INDIA INSURANCE CO. LTD. DEFENDANT

MEMO OF PARTIES

YUDHISHTHIRA KAPUR
SON OF MR. P.N. KAPUR
RESIDENT OF 34-B MALCHA MARG
CHANAKYA PURI
NEW DELHI …PLAINTIFF

VERSUS

UNITED INDIA INSURANCE CO. LTD.

501-503 5thFLOOR, VIKRANT TOWER
RAJENDRA PLACE
NEW DELHI …DEFENDANT

NEW DELHI
DATED
Filed by;

HANDA & CO.

E-102, LGF, KALKAJI
NEW DELHI-110019
PH. NO. 01146078301-2
 IN THE COURT OF THE LEARNED DISTRICT JUDGE, NEW DELHI

CIVIL SUIT NO. 2016

IN THE MATTER OF:

YUDHISHTHIRA KAPUR
SON OF MR. P.N. KAPUR
RESIDENT OF 34-B MALCHA MARG
CHANAKYA PURI
NEW DELHI …PLAINTIFF

VERSUS

UNITED INDIA INSURANCE CO. LTD.

501-503 5thFLOOR, VIKRANT TOWER
RAJENDRA PLACE
NEW DELHI …DEFENDANT

CIVIL SUIT FOR RECOVERY

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed the present suit seeking recovery of a sum of Rs.
32,61,800/- (Rupees Thirty Two Lacs Sixty One Thousand Eight Hundred
only), being the monies due to payable by the defendant to the plaintiff on
account of the medical expenses of injured Poonam Bisht, who was injured in
the accident with the car bearing number DL-3CW-0019, of which the plaintiff
was the owner and driver and the defendant was the Insurer.

2. That the defendant is a company registered under the provisions of the

Companies Act, 1956 and is inter alia engaged in the business of providing
insurance services to its various clients.

3. That the plaintiff is the owner of a Mercedes Benz SLK320 car bearing
registration no. DL 8CW 0019, which was purchased by him in the year 2005.

4. That as per the laws applicable from time to time, the plaintiff had been duly
getting the said vehicle insured from time to time by paying the necessary
premium thereon. It is pertinent to mention that the said insurance policies also
included insurance against third party risk

5. That the vehicle was last insured by the defendant herein for the period from
11.01.2012 to 10.01.2013 at a premium of Rs. 14, 807/- vide insurance policy
no. 0404003111P001807457 valid upto 10.01.2013.
6. That on 14.04.2012, the plaintiff met with an accident at Nelson Mandela
Marg, Vasant Kunj, New Delhi while driving the aforementioned vehicle. In
this regard, an FIR no. 93/2012 was registered at P.S. Vasant Kunj (North),
New Delhi under section 279/338 IPC. That the facts of this were informed to
the defendant vide letter dated 14.04.2012.

7. That it would be pertinent to mention here that the driving license of the
petitioner had expired on 22.03.2012. However, as per the Proviso to Section
14, the same continued to be effective till 21.04.2012 i.e. till 30 days from the
date of expiry of the driving license. The proviso to Section 14Section 14 of
the Motor Vehicle Act 1988, is reproduced herein below for ready reference:

“Provided that every driving license shall, notwithstanding its expiry

under this sub-section continue to be effective for a period of thirty
days from such expiry.”

8. That immediately after the accident, the injured Poonam Bisht, was rushed to
the Indian Spinal Injuries Centre, Vasant Kunj, New Delhi for treatment by the
plaintiff, where the entire medical expense of the injured was borne by the
plaintiff owing to the immediate medical attention required by the injured.

9. That the facts as abovementioned were duly communicated to the defendant

vide letter dated __________ and various subsequent communication
addressed to the defendant by the plaintiff.

10. That the injured was discharged after treatment from the Indian Spinal Injuries
Centre on ________. However, the accident left the injured completely
disabled and in dire need of urgent medical attention on an ongoing basis.

11. That therefore, in order to save the life of the injured, the plaintiff had no
choice but to bear all medical expenses of the injured.

12. That from time to time, the plaintiff advances various sums of money towards
her treatment on the receipt of the relevant invoices from her.

13. That till date, the plaintiff has paid a sum of Rs.32,61,800/-(Thirty Two Lacs
Sixty One Thousand Eight Hundred Only) to the injured towards her treatment
expenses.

14. That in the FIR No. 93/2012 registered against the plaintiff with respect to the
accident as abovementioned, a Detailed Accident Report was filed by the
.concerned police officials before the Motor Accident Claims Tribunal, South
 District, New Delhi in which the plaintiff and the defendant were both arrayed
as parties.

15. That in the said proceedings also, the plaintiff duly placed on record, the
factum of his bearing the entire medical expenses of the defendant on an
ongoing basis in order to save her life and so as to ensure that the life of the
injured is not lost for want of proper medical care, which was duly admitted by
the injured therein and not challenged by.

16. the defendant herein.

17. That the defendant, during the DAR proceedings, tried to avoid its liability on
the flimsy plea that it was not liable to compensate the injured, since the
driving license of the plaintiff had expired as on the date of the accident.
However, on examination of the law applicable, the Hon’ble Motor Accident
Claims Tribunal turned down the said plea of the defendant on the ground that
the same was within the period of its validity by virtue of the provisio to
Section 14 of the Motor Vehicles Act.

18. That furthermore, the defendant having declined the claim for the damages
caused to the insured vehicle, the plaintiff had filed a Consumer Complaint No.
289/2012 seeking the award of the amounts which the defendant was legally
and contractually bound to pay. The said complaint was allowed by the
Hon’ble District Consumer Disputes Redressal Forum, ISBT Kashmere Gate,
Delhi, vide Judgment dated 31.01.2015.

19. That the plaintiff has been bearing the entire medical expenses of the injured
Poonam Bisht till date. It is pertinent to mention that the plaintiff is insured
against third party risk and it is the responsibility of the defendant i.e. the
insurer and not the insured to pay for the medical invoices generated by the
injured third party from time to time.

20. That the plaintiff has made the claim in a prescribed format for the
reimbursement of monies paid towards the medical expenses of the injured.
The claim has been supported with all the invoices received from the injured
from time to time.

21. That the plaintiff has followed up with the defendant from time to time for the
reimbursement against the monies paid by him for the medical expenses of the
injured however, the concerned officials have not reimbursed the bona fie
claim of the plaintiff.
22. That the plaintiff further submits that the defendant is resorting to frivolous
pleas in order to unilaterally avoid its liabilities under the contract of insurance.

23. That the defendant is liable to indemnify the plaintiff against the medical
expenses bore by the plaintiff for the injured and is liable to pay a sum of
Rs.32,61,800/- (Thirty Two Lacs Sixty One Thousand Eight Hundred Only),
being the amount of medical expense along with interest therein @ 24% per
annum from the date of lodging of the claim till the date of payment. That the
defendant is further liable to pay to the plaintiff a sum of Rs. 1,00,000/-
towards the damages incurred by the plaintiff on account of the mental agony
and harassment caused due to the wrongful conduct of the defendant. That
defendant is also liable to pay the legal expenses and costs of proceedings to
the plaintiff.

24. That the this Hon’ble court has jurisdiction to entertain, try and decide on this
present suit.

25. That the cause of action for filing this suit arose on 11.01.2012 when the
Insurance Policy No. 0404003111P001807457 valid up to 10.01.2013 for the
vehicle bearing no. DL 8CW 0019 was taken by the plaintiff from the
defendant. It arose again on various occasions when the invoices of medical
expenses were generated by the injured during the course of her treatment. It
finally arose on _______, when the claim was rejected by the defendant.

26. That this present suit is being filed within a period of limitation in accordance
with the provisions of the Limitations Act, 1963.

27. That the present suit is valued at ₹ 32,61,800/- for the relief of recovery of
monies due and payable by the defendant. It is valued at ₹ _____ for the relief
of interest. It is further valued ar ₹ 1,00,000/- for the relief of damages. The
requisite court fees has been affixed to this suit.

28. That this present suit is within the pecuniary jurisdiction of this Hon’ble Court
as this Court has power to entertain suits valuating up to Rs. 2 Crore.

PRAYER

In view of the facts and circumstances as aforementioned, it is most respectfully

prayed to this Hon’ble Court to kindly grant the following reliefs to the plaintiff:

(i) Pass a money decree for the sum of Rs. 32,61,800/- towards the
principal amount payable by the defendant, in favour of the petitioner;
 (ii) To pass a money decree for the sum of Rs. __________ towards the
interest payable by the defendants, in favour of the petitioner;
(iii) Award a compensation of Rs. 1 lac for the mental agony and harassment
caused by the defendant to the plaintiff
(iv) Award costs of proceedings in favour of the petitioner and against the
defendant;
(v) Pass such other orders as may be deemed fit and necessary in the interest
of justice.

NEW DELHI
DATED:

(PLAINTIFF)

THROUGH

HANDA AND COMPANY

ADVOCATES FOR THE PLAINTIFF
E-102, KALKAJI
NEW DELHI – 110 019
PHONE: +91 11 4607 8301 – 2
FAX: +91 11 4607 8303

VERIFICATION

VERIFIED at New Delhi on this _______ day of ________ 2016 that the contents of
para 1 to 21 the above suit are true and correct being derived from my personal
knowledge. The contents of paras 22 to 27 are based on legal advice received and
believed to be true. The last para is the prayer made to this Hon’ble Court.

(PLAINTIFF)