IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,

DELHI
CLAIM PETITION NO………/2012
In Re:
SMT. PUSHPA WADHWA …PETITIONERS
Versus
SH. MANJEET SINGH AND ANOTHER …RESPONDENTS
MEMO OF PARTIES
1. SMT. PUSHPA WADHWA
WIFE OF LATE SHRI. ANIL WADHWA,
AGE 52 YRS
2. SH. GAGAN WADHWA
S/O LATE SHRI. ANIL WADHWA,
AGE 26 YRS.
3. MS. JOTIKA WADHWA
D/O LATE SHRI. ANIL WADHWA,
AGE 23 YRS.
ALL At:
R/O A-379, KALKAJI, NEW DELHI-110019
…Petitioners
Versus
1. SH. MANJEET SINGH S/O SHRI. DARSHAN SINGH
R/O H.NO. 556/A, GALI NO. 6,
GOVIND PURI KALKAJI,
NEW DELHI-110019

2. M/S. NATIONAL INSURANCE CO.

NO. 304, SANYOG BUILDING, NEHRU PLACE,
NEW DELHI
…Respondents
Filed By:
Petitioners
Through

JUS JURIS (Law Firm)

Joginder Sukhija, Shailendra Babbar and
Ajay Jain,
ADVOCATES,
I-8, Jangpura Extension,
New Delhi-110014.
NEW DELHI
DATED:-
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION No. 32-F/2012

In Re:
1 SMT. PUSHPA WADHWA
WIFE OF LATE SHRI. ANIL WADHWA,
AGE 52 YRS
2. SH. GAGAN WADHWA
S/O LATE SHRI. ANIL WADHWA,
AGE 26 YRS.
3. MS. JOTIKA WADHWA
D/O LATE SHRI. ANIL WADHWA,
AGE 23 YRS.

ALL At:
R/O A-379, KALKAJI, NEW DELHI-110019
…Petitioners
Versus

1. SH. MANJEET SINGH S/O SHRI. DARSHAN SINGH

R/O H.NO. 556/A, GALI NO. 6,
GOVIND PURI KALKAJI,
NEW DELHI-110019
(OWNER AND DRIVER OF MOTOR CYCLE NO. DL3SAB 1096).

2. M/S. NATIONAL INSURANCE CO.

NO. 304, SANYOG BUILDING, NEHRU PLACE,
NEW DELHI
POLICY NO.: 350601/62/11/6200038819
VALIDITY: DATED 6/3/2002 TO 5-3-2003
IN R/O OF MOTOR CYCLE NO. DL3SAB 1096
…Respondents
 
AMENDED PETITION UNDER SECTION 166 & 140 OF THE MOTOR
VEHICLE ACT 1988 FOR GRANT OF COMPENSATION ON ACCOUNT OF
DEATH OF SH. PAWAN WADHWA SON OF THE 1st PETITIONERS AND
BROTHER OF 2nd & 3rd PETITIONERS.
RESPECTFULLY SHOWETH

1 Name and father’s name Sh.Pawan Wadhwa

of the deceased. S/O Late Sh. Anil Wadhwa.
2. Full address of the A-379, Kalkaji, New Delhi
deceased
3 Age of the deceased 23 years.
4. Occupation of deceased Business of Stationery and General
Merchant as Proprietor of M/s. Kalka
Stationers.
5. Name and address of Self employed:
the employer of the At A-379, Kalkaji, New Delhi
deceased, if any.
6. Monthly income of the Rs. 15,000/- to 20,000/- P.M
Deceased.
7. Does the person in
respect of whom No
compensation is claimed
pay income tax?
8. Place, date and time of 9-11-2002 at 8.15 PM, Near Bharat
accident. Petrol Pump. Opp. Park Royal Hotel
Nehru Place, New Delhi

9. Name and address of the P.S. Kalkaji, New Delhi

PS in whose jurisdiction FIR No. 709/2002 U/S 304A/338/279
accident took place. IPC.

10 Was the person in Yes. On 9-11-2002 at 8.15 PM, The

respect of whom Motor Cycle No. DL3SAB 1096 being
compensation is claimed driven by respondent No.1 and
traveling deceased was sitting on pillion with him
by the vehicle involve and when they reached, Near Bharat
in the accident? If so,
Petrol Pump. Opp. Park Royal Hotel,
give the name & place of
Nehru Place, New Delhi.
starting the journey and
destination:

11. Name and address of Spring Meadow Hospital, F-43 East of

Medical Officer who Kailash, New Delhi
attended Upon the
deceased.
12 Nature of injuries Multiple injuries as depicted in the
sustained. P.M.R. Conducted at AIIMS, New Delhi

13 Period of treatment and Nil- declared as brought dead at Spring

expenses if any. Meadow Hospital,

14. Registration No. and Two Wheeler/Motor Cycle

Type of vehicle involved No. DL3SAB 1096
in the accident.
15 Name & address of Sh. Manjeet Singh S/o Shri. Darshan
the owner of Singh r/o H.No. 556/A, Gali No. 6
Offending vehicle Govind Puri, Kalkaji, New Delhi-19

16 Name and address of Sh. Manjeet Singh S/o Shri. Darshan

the Driver of the Singh r/o H.No. 556/A, Gali No. 6
vehicle. Govind Puri, Kalkaji, New Delhi-19
Driving Licence No.:P03072000209610
17. Name and address of National Insurance Co. 304 Sanyog
the insurer of the Building Nehru Place, New Delhi
vehicle. Policy No. 350601/62/11/6200038819
Dated 6-3-2002 to 5-3-2003

18 Has any claim been No

lodged with the
insurance , if any with
what respect?
19 Name & address of the As given above
petitioner
20 In which capacity the Petitioner Nos. 1 is mother and
petitioners claim Petitioners Nos. 2 & 3 are brother and
compensation ? sister of deceased and only legal heirs
entitled from claim..
21 Title of the property of Nil.
the deceased.
22 Amount of Rs.25,00,000/- on account of death of
compensation claimed. Sh. Pawan Wadhwa Plus Rs. 25,000/-
 spent on funeral and last rites of
deceased. Total compensation of Rs.
25,25,000/-( Rs. Twenty Five lakhs
twenty five thousand only )

23. Any other information that may help for disposal of the claim petition.

Deceased Sh. Pawan Wadhawa’s life was prematurely terminated at the very

young age by rash and negligent act/driving of Motor Cycle No. DL3SAB

1096 by respondent No.1. At the time of motor accident the deceased was a

healthy young man of 23 yrs and running a business of Stationery goods

and General Merchants under the name and style of M/s. Kalka Stationers

at A-379, Kalkaji, New Delhi and earning about Rs. 15000/- to Rs. 20,000/-

per month. He was educated and after passing his matriculation exams

started his own business and doing very well. He was energetic, very

laborious and having qualities of entrepreneurship and as such in few years

expanded his business from small tuck shop to big one. The petitioner No. 1

has lost her eldest son and after his death she and her husband Late Sh. Anil

Wadhwa suffered a mental shock and on account of that husband of the

petitioner No.1 also lost his mental equilibrium and ultimately expired on 4-

7-2007. The family was ruined completely. The deceased was sole

breadwinner of the family, by reasons of the death, the petitioners have been

deprived of all support, which they would have received from him and

thereby suffered damage.

The petitioners were dependent upon him for living. The petitioners

have been deprived of their livelihood. The petitioner have suffered great

mental shock, and agony and set-back and also irreparable loss caused to

them, because of the death of Sh. Pawan Wadhwa. The deceased belongs to
 the family of long livers and he would have lived up to the age of 90 years

and would have earned crores of rupees. The petitioner claims compensation

of Rs. 25,25,000/-( Rupees Twenty Five Lacs twenty five thousand only )

24. Reasons and grounds for late submission of petition:

The petitioner No. 1 has lost her son in the accident and due to that entire

family of the petitioner including her husband suffered a mental shock and

injury and mental equilibrium of petitioner No.1 and her husband remained

upset for about 5-7 years due to that husband of the petitioner expired on 4-

7-2007. And besides that she was not aware of legal procedures hence this

delay.

25. Cause of accident with brief description:

That on 9.11.2002 at 8.00-8.15 P.M. Shri Manjeet Singh the respondent

No.1 was driving a Motor Cycle No. DL3SAB 1096 and Late Sh. Pawan Wadhwa

was sitting as pillion rider wearing with a protective head gear( Helmet ) with him

at that time and when they reached at Near Bharat Petrol Pump. Opp. Park Royal

Hotel Nehru Place, New Delhi and one Shri Amit S/o Sh. Balram resident of V

P.O. Paijaniya, Thesil Chandpur, Distt. Bijnor ( U.P.) , who after getting down

from bus was crossing the road then Motor Cycle No. DL3SAB 109633 being

driven by respondent No.1, rashly and negligently on very high speed and without

blowing horn struck with him and all of them fell down and suffered multiple

injuries and which resulted in the death of Sh. Pawan Wadhwa and caused the fatal

accident. Deceased got multiple injuries and he was succumbed to his injuries at

the spot received in the accident. Respondent No1 and deceased were taken to

Spring Meadows Hospital where Sh. Pawan Wadhawa was declared as brought
dead and from there his body was taken to AIIMS mortuary in the ambulance of

Spring Meadow Hospital, F-43 East of Kailash, New Delhi, Next day postmortem

was conducted on the body of deceased and thereafter body was handed over to the

petitioners. The offending Motor Cycle belongs to respondent No.1 and at the time

of accident was being driven by him. FIR regarding this accident was got

registered at P.S. Kalkaji, New Delhi. (Copy of FIR is attached with the petition )

This accident took place and caused as a result of rash and negligent driving

of Motor Cycle No. DL3SAB 1096 being driven by Respondent No. 1 and he was

the owner as well of the offending vehicle. Respondent No. 2 was the insurer of the

offending vehicle. Both the respondents are jointly and severally liable to pay the

compensation of Rs. 25,25,000/- (Rupees Twenty Five Lacs Twenty Five

Thousand Only) to the petitioners.

The petition is also covered under section 140 of Motor Vehicle Act 1988.

The death of deceased Sh. Pawan Wadhwa son of Petitioner No. 1 and brother of

Petitioners Nos. 2 & 3 has resulted from an accident caused or arose out of the use

of the Motor Vehicle i.e. Motor Cycle No. DL3SAB 1096. Hence the Petitioners

are entitled to get interim relief of Rs.50,000/- as compensation. The FIR and Post

Mortem report are herewith produced. It is therefore, just and necessary, the

Hon’ble Tribunal may be pleased to award an amount of Rs.50,000/- with interest

and costs under a section 140 of the Motor Vehicle Act , by making the

respondents liable to pay the amount jointly and severally.

It is, therefore, respectfully prayed that claim petition may kindly be

accepted with costs and total compensation of Rs.25,25,000/-( Rupees Twenty Five

Lacs Twenty Five Thousand Only ) under Section 166 of the Motor Vehicle Act

1988 may kindly be awarded in favour of the Petitioners and against the

respondents with full costs.

 The petitioners may also be granted interest @ the rate of 10% PA from the

date of the accident till the realization of the amount aforesaid from the

respondents.

It is prayed accordingly,

Petitioners

Through

JUS JURIS (Law Firm)

Joginder Sukhija, Shailendra Babbar and
Ajay Jain,
ADVOCATES,
I-8, Jangpura Extension,
New Delhi-110014.
New Delhi
Dated: -
VERIFICATION:

Verified that contents of para No. 1 to 25 of the petition are true and correct

to the best of my knowledge and belief and nothing has been concealed therein.

Petitioners
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012

SMT. PUSHPA WADHWA …PETITIONERS

Versus

SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

AFFIDAVIT

I, Smt. Pushpa Wadhwa wife of late Smt. Pushpa Wadhwa wife of Late Shri.

Anil Wadhwa, age about 52 years, R/O A-379, Kalkaji, New Delhi-110019, do

hereby solemnly affirm and declare as under :-

1. That deponent is the one of the petitioner in the above matter and fully conversant

with the facts of the case and is competent to swear this affidavit.

2. That the contents of the accompanying petition under section 166 &140 of M.V.

Act 1988 on behalf of the petitioners for grant of compensation against the

respondents, has been drafted by my counsel under our instructions and the

facts stated therein are true and correct to my knowledge. The contents of the

same may kindly be read as part of this affidavit, which are not being

reproduced herein for the sake of brevity.

 DEPONENT
VERFICATION:

Verified at Delhi on this……… day of …… 2013, that the contents of above

affidavit are true and correct to the best of my knowledge and belief and

nothing material has been concealed therefrom

DEPONENT
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012

SMT. PUSHPA WADHWA …PETITIONERS

Versus

SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

AFFIDAVIT

I, GAGAN WADHWA S/O , Late Shri. Anil Wadhwa, age about 26 years, R/O
A-379, Kalkaji, New Delhi-110019, do hereby solemnly affirm and declare as under
:-

1. That deponent is the one of the petitioner in the above matter and fully conversant with

the facts of the case and is competent to swear this affidavit.

2. That the contents of the accompanying petition under section 166 &140 of M.V. Act

1988 on behalf of the petitioners for grant of compensation against the respondents, has

been drafted by my counsel under our instructions and the facts stated therein are true and

correct to my knowledge. The contents of the same may kindly be read as part of this

affidavit, which are not being reproduced herein for the sake of brevity.
 DEPONENT
VERFICATION:

Verified at Delhi on this……… day of April, 2012, that the contents of

above affidavit are true and correct to the best of my knowledge and belief and

nothing material has been concealed therefrom

DEPONENT
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012

SMT. PUSHPA WADHWA …PETITIONERS

Versus

SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

AFFIDAVIT

I, JYOTIKA WADHWA D/O Late Shri. Anil Wadhwa, age about 23 years, R/O
A-379, Kalkaji, New Delhi-110019, do hereby solemnly affirm and declare as under
:-

1 That deponent is the one of the petitioner in the above matter and fully conversant with

the facts of the case and is competent to swear this affidavit.

2 That the contents of the accompanying petition under section 166 & 140 of M.V. Act

1988 on behalf of the petitioners for grant of compensation against the respondents, has

been drafted by my counsel under our instructions and the facts stated therein are true and

correct to my knowledge. The contents of the same may kindly be read as part of this

affidavit, which are not being reproduced herein for the sake of brevity.
 DEPONENT
VERFICATION:

Verified at Delhi on this……… day of April, 2012, that the contents of

above affidavit are true and correct to the best of my knowledge and belief and

nothing material has been concealed therefrom

DEPONENT
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012

SMT. PUSHPA WADHWA …PETITIONERS

Versus

SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

APPLICATION UNDER SECTION 140 OF THE MOTOR VEHICLE ACT 1988

RESPECTFULLY SHOWETH:

1. That the petitioners above named has filed an accompanying petition

under section 166 of the Motor Vehicle Act1988 for grant of compensation

on account of death of the late Sh Pawan Wadhwa. The facts contained in

the petition may be read as part and parcel of this application and the same

are not being repeated herein for the sake of brevity.

2. That the death of Shri Pawan Wadhwa son of Petitioner Nos. 1 and brother

of Petitioners Nos. 2 & 3 was resulted from an motor accident caused or

arose out of the use of the Motor Vehicle i.e. Motor Cycle No. DL3SAB

1096. He sustained fatal injuries.

3. That the Petitioners are entitled to get interim relief of Rs. 50,000/- as

compensation. The FIR and Post Mortem report are herewith produced.

It is therefore, just and necessary that the Hon’ble Tribunal may be

pleased to award an amount of Rs.50,000/- with interest and costs under

section 140 of the Motor Vehicle Act, by making the respondents liable to

pay the amount jointly and severally.

 It is prayed accordingly
Petitioners

Through

JUS JURIS (Law Firm)

Joginder Sukhija, Shailendra Babbar and
Ajay Jain,
ADVOCATES,
I-8, Jangpura Extension,
New Delhi-110014.
NEW DELHI
DATED:-
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012

SMT. PUSHPA WADHWA …PETITIONERS

Versus

SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

AFFIDAVIT

I, Smt. Pushpa Wadhwa wife of late Smt. Pushpa Wadhwa wife of Late Shri.

Anil Wadhwa, age about 52 years, R/O A-379, Kalkaji, New Delhi-110019, do

hereby solemnly affirm and declare as under :-

3 That deponent is the one of the petitioner in the above matter and fully

conversant with the facts of the case and is competent to swear this affidavit.

4 That the contents of the accompanying application under section 140 of

M.V. Act 1988on behalf of the petitioners for grant of interim compensation

against the respondents, has been drafted by my counsel under our

instructions and the facts stated therein are true and correct to my

knowledge. The contents of the same may kindly be read as part of this

affidavit, which are not being reproduced herein for the sake of brevity.

DEPONENT
VERFICATION:

Verified at Delhi on this……… day of April, 2012, that the contents of

above affidavit are true and correct to the best of my knowledge and belief and
nothing material has been concealed therefrom

DEPONENT
 IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
DELHI
CLAIM PETITION NO………/2012
In Re:
SMT. PUSHPA WADHWA …PETITIONERS
Versus
 SH. MANJEET SINGH AND ANOTHER …RESPONDENTS

INDEX

S.no Particulars Pg no. Court

Fees
1. Memo of Parties.

2. Petition u/s 166 of the M.V. Act, 1988 for grant of

compensation along with Affidavits.

3. Application u/s 140 of the M.V. Act along with

Affidavit.
4. Certified copy of Death Report (MLC/Post Mortem
report).

5. Certified copy of FIR No. 709/2002 u/s 304A/338/279

IPC registered at PS Kalkaji, New Delhi.

6. Photocopy of receipt of payment for woods issued by

Kalkaji RWA Shamshan Bhumi dt. 10-11-2002.

7. Photocopy of the driving license of Respondent No. 1.

8. Photocopies of ID proof of the Petitioners.

9. Vakalatnama.

Petitioners

Through
JUS JURIS (Law Firm)
Joginder Sukhija, Shailendra Babbar and
Ajay Jain,
NEW DELHI ADVOCATES,
DATE I-8, Jangpura Extension,
New Delhi-110014.

Following documents should accompany the petition:-

 
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death
case.
 4. Original bills of expenses incurred on the treatment alongwith treatment
record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10. An affidavit in support of the above documents and detailing the relationship of
the claimants with the deceased.