IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM

TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT Petn. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK

S/o Sh. SHAILENDRA TILAK
R/o 15/214 MALVIYA NAGAR
NEW DELHI – 110017.
….Petitioner

Versus

1. SH. ANKUSH MYINT (DRIVER)

S/o Sh. M.M.MYINT
R/o 9, UNITED INDIA APPT
MAYUR VIHAR PHASE – 1 EXTN DELHI

2. MS. ANEETA MYINT (OWNER)

W/o Sh. M.M.MYINT
R/o 9, UNITED INDIA APPT
MAYUR VIHAR PHASE – 1 EXTN
DELHI

3. NATIONAL INSURANCE COMPANY LTD. (INSURER)

DIV NO. – 10-, FLAT NO. – 101-106
N-1, BMC HOUSE, CONNAUGHT PLACE
NEW DELHI – 110001
(Through its Director/Managing Director/ Auth.
Representative)
Vide Policy No. 4512920
Valid From: 10TH SEPT 2008 TO 9TH SEPT 2009
….Respondent(s)

PETITION FOR COMPENSATION UNDER

SECTION 140 AND 166 OF THE MOTOR
VEHICLES ACT.

MOST RESPECTFULLY SHOWETH:

1. Name and father’s name : Sh. SUKRIT
TILAK
of the injured S/o Sh. SHAILENDRA
TILAK.

2. Full Address of the person : 15/214 MALVIYA

NAGAR
 Injured NEW DELHI – 110017

3. Age of the person injured : 21 Years

4. Occupation of the person : LAW STUDENT
injured
5. Name and Address of the : N.A
employee of the injured

6. Monthly Income of the : N.A

injured

7. Does the person in respect of : No

whom compensation if claimed,
pay income tax?
If so, state the amount of the
income tax ( to be supported
by the document)

8. Place, Date and time of : MOHOMMADPUR

Red light
accident BHIKAJI KAMA PLACE,
NEW DELHI
26.11.2008 AROUND
12:05 A.M

9. Name and address of the Police : POLICE STATION

Station in whose jurisdiction the R.K.PURAM SEC-
8,
the accident took place and was New Delhi
registered.

10. Was the person in respect of : Travelling by his own

whom compensation is claimed vehicle from
Hari Nagar
Travelling by the vehicle to Malviya Nagar
on
Involved in in the accident ? Motor Cycle
bearing Regd.
If so, give the Name and Place No. DL 3S BB
2137.
of starting the journey and
destination.

11. Nature of injuries sustained : Grievous injuries all

over the body
and the right ankle is
broken permane-
ntly, bruises all over the
body.
12. Name and address of the : The petitioner was
Medical Officer/Practitioner, admitted in AIIMS
If any, who attended on Trauma Centre
at
these injuries SAFDURJUNG
ENCLAVE,
NEW DELHI on
26.11.2008
in very critical
condition
and still he is
under
treatment from
Orthonova HOSPITAL,
Delhi

13. Period of treatment and : From 26.11.2008

till today
expenditure, if any, incurred Rs. 60,000/- + cost of
regular medicines.
14. Registration No. and type of : MARUTI WAGON-R
Vehicle involved in the accident. bearing No.
DL9C-N-4360

15. Name and address of the : MS. ANEETA

MYINT
Owner of the vehicle W/o Sh. M.M.MYINT
R/o 9, UNITED INDIA
APARTMENT,
MAYUR VIHAR PHASE –
1
EXTN., DELHI

16. Name and address of the : SH. ANKUSH

MYINT
Driver (Respondent No.1) S/o Sh.
M.M.MYINT
of the vehicle R/o 9, UNITED
INDIA
APARTMENT,MAYUR
VIHAR PHASE – 1
EXTN
DELHI.
17. Name and address of the : NATIONAL
INSURANCE
Insurer COMPANY
DIV NO. 10, FLAT NO.
101-106,
N-1, BMC HOUSE,
CONNAUGHT PLACE
NEW DELHI – 110001
18. Has any claim baan lodged : No
with the owner, insurer, if so,
with what?

19. Name and address of the : Sh. Sukrit Tilak

claimant S/o Sh. Shailendra
Tilak
15/214 Malviya Nagar
New Delhi – 110017

20. Relationship with the injured : Self

21. Title to the property of the : Self

injured

22. Amount of Compensation : Rs. 30,00,000/-

claimed
23. Any other information that may
be necessary and helpful in the
disposal of the case :-

(i). That on 26.11.2008 at about 12.05 midnight, the

petitioner was returning to his home from Hari Nagar to

Malviya Nagar after attending the marriage ceremony, on

his Motor Cycle bearing Registration No .DL 3S BB 2137.

The petitioner was coming from Dhaula Kuan and thereafter

the petitioner had taken right turn for Africa Avenue beneath

the over bridge of the Ring Road and thereafter in the said

Africa Avenue, there is a red light. The petitioner on seeing

the green signal was crossing the said green signal but the

respondent no.1 who had been driving the offending

vehicle / Maruti WagonR Car bearing Registration No. DL

9C N 4360 in a very rash and negligent manner, came

from opposite direction of the petitioner and all of a sudden

took right turn, though there was a Red Light on the side of

the respondent but the respondent jumped the Red Light

and hit the petitioner, whereas the petitioner was crossing

the road in Green Signal. It is submitted that the Impact

of the said hit was so much that the petitioner fell down from

his Motor Cycle and the respondent left the spot with the

said offending vehicle. However, the number plate of the

said Maruti WagonR Car/ Offending vehicle had fallen on

the spot and thereafter the police seized the said number

plate after getting information and traced out the vehicle.

(ii). That because of the said rash, negligent and careless

driving on the part of respondent no.1, the respondent No.

1colluded and smashed the motorcycle of the petitioner and

as a result of which, as stated above, the petitioner fell down

and received several grievous injuries on his person. It is

submitted that the ankle of the right leg of the petitioner got

smashed and the joint between the foot and the leg got

separated and the bones of the ankle had also broken. The

petitioner also sustained grievous injuries on his left hand

and other parts of the body. The petitioner’s left hand was

thoroughly bruised. The petitioner also sustained injuries on

his Head as the petitioner had fallen from running Motor

Cycle because of the rash, negligent and careless driving of

the respondent no.1. The impact of the said accident was

so much that the helmet which the petitioner was wearing

was also broken.

(iii). That thereafter, the petitioner was admitted to AIIMS

Trauma Centre in a very serious condition and the petitioner

was taken to the said Hospital by one passer-by. The Doctors

of AIIMS medically treated the petitioner and opined that the

injuries of the petitioner are grave. The petitioner during that

time was treated in the Emergency Department of AIIMS and

during that time, the petitioner’s right leg was only plastered

by the Doctors of AIIMS and the Doctors opined that after

one week, the petitioner had to undergo Surgery in respect

of the said leg of the petitioner.

(iv). That thereafter, the Doctors asked the petitioner to

visit the Hospital after one week.

(v). It is submitted that thereafter the petitioner visited

AIIMS after one week i.e. on 02.12.2008 and after removing

the said Plaster, the Doctors opined that as the plaster had

not done the needful and as the bones could not be joined

and remained separated, therefore, Surgery has to be

undertaken of the said Ankle of the right leg of the petitioner

as the bones of the ankle of the right leg of the petitioner

were separated. It is submitted that thereafter, with the

consultation of the father of the petitioner, the petitioner was

admitted to Akash Hospital at Malviya Nagar, New Delhi on

02/12/2008 where the Doctors namely Mr. Dhananjay

Gupta and his Team operated the ankle of the right leg of

the petitioner to reunite the Bones and in this process, 4

Metal Screws and one Metal wire to hold the said Screws

were fixed on the bones and thereafter, the petitioner was

discharged from the said Hospital on 04.12.2008. The

petitioner was also advised to take complete bed rest for

about one and half month. The Doctors had also advised

the petitioner that after about 6 to 7 months, surgery will

be conducted again for removal of the said screws, etc.

(vi). That as per the advice of the Doctors, the petitioner

was confined to bed and as a result, with great difficulty, the

petitioner appeared in his law examination for 5th Semester

as the petitioner is studying law from I.P. University. The

petitioner could not stand on his leg and used to walk with

the help of crutches, the petitioner had to go to the Door

of the Taxi as the petitioner during that time could not walk

at all and thereafter with great difficulty, the petitioner

appeared in the exam and the petitioner suffered very badly

during that time physically and mentally both. It is further

submitted that because of his confinement to the bed, the

petitioner also could not appear in the internal examination

i.e. sixth semester of the said course of law and the petitioner

is also lagging behind from other friends of the petitioner and

the petitioner will appear in the said examination in future.

The petitioner also submits that because of the said accident

the petitioner also even could not attend his classes in the 5 th

semester also. It is submitted that because of that accident

the petitioner also could not do well in the said 5 th semester

and the respondent is solely responsible for the same.

(vii). That in June 2009, the Doctors removed one screw

and the petitioner was again advised that another surgery

will be conducted by the Doctors for removal of other screws

after about 8 to 9 months later.

(viii). That the petitioner is suffering very badly as till

today also, the petitioner cannot walk properly and there is a

constant pain on the said right leg of the petitioner. The

petitioner also cannot run and difference in the gait has also

come because of the said accident.

(ix). That as the petitioner could not attend all his exams

and could not attend all his classes properly, therefore, the

petitioner is also feeling very much frustrated and as a result,

the petitioner is suffering mental tension and pain.

(x). That the petitioner has already spent

approximately an amount of Rs. 60,000/- for this surgery

and medicine only besides other expenses and apart from

this, the petitioner has also suffered mental tension, torture,

pain and agony, for which the respondents are also liable to

compensate the petitioner in this regard, the petitioner is

claiming a sum of Rs. 30,00,000/- (Rupees thirty lacs).

The petitioner as advised by the Doctor, has also taken

special diet, etc. for quick recovery and relief and the

respondents are liable to compensate the petitioner in this

respect also.

(xi). Apart from this, because of the said accident caused

by the respondent no.1 while driving the offending vehicle in

a rash an negligent manner, the petitioner also suffered

huge losses of the property as Wrist Watch and Mobile Phone

of the petitioner were completely destroyed and even the

Motor Cycle was also damaged substantially which got

repaired later on by spending a substantial amount. In this

regard also, the respondents are liable to compensate the

petitioner.

(xii). That the petitioner is now physically disabled for life

as the Doctors have opined that the petitioner will not be able

to walk properly as the petitioner was walking earlier. It is

only because of rash and negligent driving on the part of the

respondent no.1, the petitioner has suffered and is still

suffering. It is submitted that the petitioner is a young person

of aged about 21 years and several other

prospects/possibilities of the petitioner in joining Government

Organisations like Army, Air Force, IPS have already been

shattered just because of the aforesaid accident. The

petitioner apprehends that in future, the petitioner will not be

able to apply even for the said posts because of the said

medical unfitness of the petitioner though the petitioner had

great ambitions in the said fields therefore, in this regard

also, the respondents are liable to compensate the petitioner,

as the respondents had ruined the future career of the

petitioner.

(xiii). The petitioner submits that, had the respondent

no. 1 taken due precaution while driving the offending

vehicle that too by not jumping the red light, the

accident would not have taken place and the petitioner

would not have suffered for two consecutive years that

too on no fault on the part of the petitioner. It is relevant

to mention here that the respondent no. 1 on other hand,

even did not stop his Car and ran away from the spot

surreptitiously but fortunately the number plate of the

offending vehicle broke into pieces and was spread all

over the accident site which was later on seized by the

police.

(xiv). The petitioner submits that because of the physical

disablement of the petitioner caused by the respondent No.1,

as aforesaid, the petitioner apprehends that he might not get

a good match even in future when the petitioner will decide

to marry. It is submitted that because of the said

accident, not only the petitioner but the parents and other

family members of the petitioners, have also suffered

mental tension and agony. In any event, the

respondents are liable to compensate the petitioner and

the present petition is liable to be granted as prayed

herein under. It is further submitted that the respondent

no. 1 being the driver of the offending vehicle, the

respondent no. 2 being the owner of the said offending

vehicle and the respondent no. 3 being the Insurer of the

said offending vehicle therefore, it is the responsibility of

all the respondents jointly and severally so far as the

compensation as claimed by the petitioner in the present

petition, is concerned.
 (xv). It is submitted that the petitioner has incurred a

substantial amount till date, as aforesaid, and the

petitioner hereby claims an amount of Rs. 30,00,000/-

(Rupees thirty lacs) as compensation and the bifurcation

of the said amount is as follows:-

(i) Medical Expenses Rs. 60, 000/-

(ii) Future Medical Expenses Rs. 1,00,000/-

(iii) Misc. Expenses Rs. 60,000/-

(iv) Diet Rs. 70,000/-

(v) Bike accessories Rs. 10,000/-

(vi) Suffering (Physical pain) Rs. 10,00,000/-

(vii) Mental Tension for pain

& agony. Rs. 5,00,000/-

(viii) Loss of Education Rs. 2,00,000/-

(ix) Disability due to accident Rs. 10,00,000/-

=============

Total amount Rs. 30,00,000/-

================

( Rupees thirty lacs only ).

P R A Y E R:
In view of the aforesaid facts and circumstances, it is
therefore, most respectfully prayed that this Hon'ble Court may
be graciously pleased to :-

(a) allow the present petition and award a sum of Rs.

30,00,000/- (Rupees thirty lacs) as compensation along with
interest @ 24% per annum on the said amount from the date of
filing of the present petition till realization, in favour of the
petitioner and against the respondents jointly and severally;
(b) pass/grant the costs of the present proceeding in favour
of the petitioner and against the respondents;

(c) pass such other and/or further order or order(s) or such

other directions as this Hon'ble Court may deem fit or proper in
the facts and circumstances of the case and to meet the ends of
justice.

It is, prayed accordingly.

PETITIONER /
CLAIMANT

Through:

( S. K.
BHADURI )
COUNSEL FOR THE PETITIONER
J-735, WESTERN WING,
TIS HAZARI COURTS, DELHI-54
New Delhi
October, 2009.

VERIFICATION

I, the Petitioner above-named, do hereby solemnly verify

and declare that the contents of paragraphs No. 1 to 23 of
above petition are true and correct to the best of my knowledge.
I further verify that nothing contained therein is false no facts
have been suppressed and nothing material has been concealed
there from.
Verified at New Delhi on this day of October,
2009.

PETITIONER/CLAIMANT
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT Petn. No. of 2009

IN THE MATTER OF:

SH.SUKRIT TILAK
PETITIONER

VERSUS

SH.ANKUSH MYINT AND OTHERS

RESPONDENTS

MEMO OF PARTIES

SH.SUKRIT TILAK
S/o Sh. SHAILENDRA TILAK
R/o 15/214 MALVIYA NAGAR
NEW DELHI – 110017
….Petitioner
Versus

1. SH. ANKUSH MYINT (DRIVER)

S/o Sh. M.M.MYINT
R/o 9, UNITED INDIA APPT
MAYUR VIHAR PHASE – 1 EXTN DELHI

2. MS. ANEETA MYINT (OWNER)

W/o Sh. M.M.MYINT
R/o 9, UNITED INDIA APPT
MAYUR VIHAR PHASE – 1 EXTN
DELHI

3. NATIONAL INSURANCE COMPANY LTD. (INSURER)

DIV NO. – 10-, FLAT NO. – 101-106
N-1, BMC HOUSE, CONNAUGHT PLACE,NEW DELHI –
110001
(Through its Director/Managing Director/ Auth.
Representative)
Vide Policy No. 4512920
Valid From: 10TH SEPT 2008 TO 9TH SEPT 2009.
….Respondent(s)

PETITIONER
 THROUGH:

( S.K.
BHADURI)
COUNSEL FOR THE PETITIONER
NEW DELHI CH.NO 735-J,
WESTERN WING,
DATED TIS HAZARI COURTS,
DELHI-54
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT PETN. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK
……PETITIONER

VERSUS

SH. ANKUSH MYINT …….

RESPONDENTS

LIST OF DOCUMENTS FILED ON BEHALF

OF THE PETITIONER.

S.NO PARTICULARS PAGES

1. PHOTO COPY OF F.I.R. NO. 461 DT – 1

26.11.08
2. PHOTO COPY OF DRIVING LICENCE OF THE 2
RESPONDENT NO.1
3. PHOTO COPY OF R.C. OF VEHICLE BEARING 3
NO. DL 9C N 4360
4. PHOTO COPY OF SITE PLAN OF ACCIDENT’S 4
PLACE
5. PHOTO COPY OF INSURANCE POLICY NO. 5
4512920 OF VEHICLE BEARING NO. DL 9C N
4360
6. PHOTO COPY OF M.L.C. NO. 144860/08 DT 6
26.11.08
7. PHOTO COPY OF REPORT DATED 26.11.08 7

8. PHOTO COPY OF SEIZURE MEMO 8

9. PHOTO COPY OF INQUIRY REPORT DATED 9

13.12.08
10. PHOTO COPY OF VEHICLE INSPECTION 10
REPORT OF VEHICLE NO. DL 9C N 4360 ON
13.12.08
11. PHOTO COPIES OF MEDICAL CERTIFICATES 11 – 18

12. PHOTO COPIES OF MEDICAL BILLS 19 – 22

13. PHOTO COPIES OF BILLS/EXPENDITURE 23 – 30

INCURRED BY THE PETITIONER

PETITIONER
 THROUGH:

( S.K.
BHADURI)
COUNSEL FOR THE PETITIONER
NEW DELHI 735-J,
WESTERN WING,
DATED TIS HAZARI
COURTS, DELHI-5
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT PETN. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK

……PETITIONER

VERSUS

SH. ANKUSH MYINT …….

RESPONDENTS

AFFIDAVIT

I, Sukrit Tilak S/O Sh. Shailendra Tilak, R/O 15/214,

Malviya Nagar, New Delhi- 1100 17, do hereby solemnly affirm
and declare as under:-

1. That I, being the Petitioner in the above noted petition, am

well conversant with the facts of the case and as such am
competent to swear this affidavit.

2. That the accompanying Petition has been prepared by my

counsel at my instructions, the contents thereof are true and
correct to my knowledge as I have gone through the same. The
contents thereof may kindly be read and treated as part and
parcel of this affidavit as the same are not being repeated herein
for the sake of brevity.

DEPONENT
VERIFICATION:
I, the abovenamed petitioner do hereby state on solemn
affirmation that the contents of above affidavit are true and
correct to my knowledge. No part of it is false and nothing material
has been concealed there from.
 Verified at Delhi on this day of October,
2009

DEPONENT
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT PETN. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK

……PETITIONER

VERSUS

SH. ANKUSH MYINT

& Others …….
RESPONDENTS

IN DEX

SL. NO. PARTICULARS

PAGE NO.

1. Memo of the parties

2. Petition 140 & 166 of The Motor Vehicle

Act filed on behalf of petitioner, along with
Affidavit in support thereof.

3. Application for interim protection /award

With affidavit.

4. List of Documents with documents

5. Vakalatnama
------------------------------------------------------------------------

-----------------

PETITIONER/ CLAIMANT

THROUGH:

( S. K. BHADURI)
ADVOCATE

735-J, WESTERN WING,

DATED TIS HAZARI
COURTS, DELHI-54
PLACE: Mob: 9810439195
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT Petn. No. of 2009

IN THE MATTER OF:

SH.SUKRIT TILAK
PETITIONER

VERSUS

SH.ANKUSH MYINT AND OTHERS

RESPONDENTS

APPLICATION FILED ON BEHALF OF

PETITIONER/ INJURED FOR INTERIM AWARD

U/SEC. OF THE MOTOR VEHICLE ACT.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner/ injured has filed the accompanying

petition U/Sec. 140 & 166 of the Motor Vehicle Act which is

pending adjudication before this Hon’ble Court.

2. That the contents of said accompanying petition may

kindly be read as part and parcel of this application also

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

3. The petitioner submits that the petitioner has spent

already more than Rs. 2,00,000/- (Rupees two lakh) till date

in respect of his Surgery, Medical expenses, Diet etc. and still

has been incurring the amount regularly.

4. That the respondent No. 1 has caused the accident

because of the rash and negligent driving in respect of the

offending vehicle. The respondent no. 2 is the owner and the

respondent no. 3 is the Insurer of the said offending vehicle. It

is submitted that in view of the provisions of Sec. 166 of the

Motor Vehicle Act, the petitioner is entitled to the interim relief

as this Hon’ble Court may deem fit or proper, hence this

application.

5. That the petitioner has a good prima facie case/ claim

in his favour and has every hope to succeed in the present

petition. The balance of convenience also lies in favour of the

petitioner and against the respondent. In any event, the

petitioner is entitled for interim maintenance and the

respondents are liable to compensate the petitioner in this

context, jointly and severally. It is submitted that the petitioner

has been suffering and is in great problem in the absence of

money and the petitioner is entitled for interim award.

6. That the present application has been made bonafidly

and in the interest of justice.

P R A Y E R:

In view of the aforesaid facts and circumstances, it is,

therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to allow the present application and

the interim amount may kindly be granted/ awarded to the

petitioner as this Hon’ble Court may deem , fit or proper, in

the interest of justice.

Any other relief/ order (s) which this Hon'ble Court may

deem fit or proper in view of the facts and circumstances of the

present petition, may also be awarded in favour of the petitioner

and against the respondents jointly and severally.

It is, prayed accordingly.

PETITIONER /
CLAIMANT

Through:

( S. K.
BHADURI )
COUNSEL FOR THE PETITIONER
J-735, WESTERN WING,
TIS HAZARI COURTS, DELHI-54
New Delhi
October, 2009.
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT PETN. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK

……PETITIONER

VERSUS

SH. ANKUSH MYINT …….

RESPONDENTS

AFFIDAVIT

I, Sukrit Tilak S/O Sh. Shailendra Tilak, R/O 15/214,

Malviya Nagar, New Delhi- 1100 17, do hereby solemnly affirm
and declare as under:-

1. That I, being the Petitioner in the above noted petition, am

well conversant with the facts of the case and as such am
competent to swear this affidavit.

2. That the accompanying Application has been prepared by

my counsel at my instructions, the contents thereof are true and
correct to my knowledge as I have gone through the same. The
contents thereof may kindly be read and treated as part and
parcel of this affidavit as the same are not being repeated herein
for the sake of brevity.

DEPONENT
VERIFICATION:
I, the abovenamed petitioner do hereby state on solemn
affirmation that the contents of above affidavit are true and
correct to my knowledge. No part of it is false and nothing material
has been concealed there from.

Verified at Delhi on this day of October,

2009

DEPONENT
IN THE COURT OF JUDGE, MOTOR ACCIDENT CLAIM
TRIBUNAL,
SOUTH DISTRICT, NEW DELHI

MACT PETN. No. of 2009

IN THE MATTER OF:

SH. SUKRIT TILAK

……PETITIONER

VERSUS

SH. ANKUSH MYINT …….

RESPONDENTS

ADDRESS FORM

SH. SUKRIT TILAK

S/o Sh. SHAILENDRA TILAK
R/o 15/214 MALVIYA NAGAR
NEW DELHI – 110017.
_______________

PETITIONER /
CLAIMANT

Through:

( S. K.
BHADURI )
COUNSEL FOR THE PETITIONER
J-735, WESTERN WING,
TIS HAZARI COURTS, DELHI-54
New Delhi
October, 2009.
IN THE COURT OF MS. VINEETA GOYAL :JUDGE:
MACT: SAKET COURTS: NEW DELHI.

Petition No. 698/2009

IN THE MATTER OF

SH. SUKRIT TILAK ……PETITIONER

VERSUS

SH. ANKUSH MYINT

& OTHERS ……. RESPONDENTS

EVIDENCE FILED ON BEHALF OF PETITONER

BY WAY OF AFFIDAVIT.

PW-1

I, Sukrit Tilak S/O Sh. Shailendra Tilak, R/O 15/214,

Malviya Nagar, New Delhi- 1100 17, do hereby solemnly affirm
and declare as under:-

1. That the deponent is the Deponent in the above noted

petition and is well conversant with the facts and circumstances

of the petition and as such can depose with respect thereto.

2. The deponent states that on 26.11.2008 at about 12.05

midnight, the deponent was returning to his home from Hari Nagar

to Malviya Nagar after attending the marriage ceremony, on his

Motor Cycle bearing Registration No. DL 3S BB 2137. The

deponent was coming from Dhaula Kuan and thereafter the

deponent had taken right turn for Africa Avenue beneath the over

bridge of the Ring Road and thereafter in the said Africa Avenue,

there is a red light. The deponent on seeing the green signal was

crossing the said green signal but the respondent no.1 who had

been driving the offending vehicle / Maruti WagonR Car bearing

Registration No. DL 9C N 4360 in a very rash and negligent

manner, came from opposite direction of the deponent and all

of a sudden took right turn, though there was a Red Light on the

side of the respondent but the respondent jumped the Red Light

and hit the petitioner, whereas the deponent was crossing the

road in Green Signal. It is submitted that the Impact of the said

hit was so much that the deponent fell down from his Motor Cycle

and the respondent left the spot with the said offending vehicle.

However, the number plate of the said Maruti WagonR Car/

Offending vehicle had fallen on the spot and thereafter the police

seized the said number plate after getting information and traced

out the vehicle. An FIR bearing No. 461 dt. 26/11/2008, U/Sec.

279/338 IPC was lodged at Police Station R.K. Puram, New

Delhi. The copy of the said FIR is Ex. PW-1/1. The copy of the

site map of the place of accident, is Ex. PW-1/2. The copy

of the Driving License of respondent No. 1 is Ex. PW-1/3. The

copy of the Registration Certificate of the offending Vehicle No.

DL 9C N 4360 is Ex. PW-1/4. The copy of the Insurance Policy

No. 4512920 of the offending vehicle No. DL 9C N 4360 is Ex.

PW-1/5. The copy of the Inspection report of the offending

vehicle is Ex. PW-1/6.

3. The deponent states that because of the said rash, negligent

and careless driving on the part of respondent no.1, the

respondent No. 1colluded and smashed the motorcycle of the

deponent and as a result of which, as stated above, the deponent

fell down and received several grievous injuries on his person. It

is submitted that the ankle of the right leg of the deponent got
smashed and the joint between the foot and the leg got separated

and the bones of the ankle had also broken. The deponent also

sustained grievous injuries on his left hand and other parts of the

body. The petitioner’s left hand was thoroughly bruised. The

deponent also sustained injuries on his Head as the deponent had

fallen from running Motor Cycle because of the rash, negligent and

careless driving of the respondent no.1.

4. The deponent states that thereafter, the deponent was

admitted to AIIMS Trauma Centre in a very serious condition and

the deponent was taken to the said Hospital by one passer-by.

The Doctors of AIIMS medically treated the deponent and opined

that the injuries of the deponent are grave. The deponent during

that time was treated in the Emergency Department of AIIMS and

during that time, the petitioner’s right leg was only plastered by

the Doctors of AIIMS and the Doctors opined that after one week,

the deponent had to undergo Surgery. The copy of MLC of the

deponent bearing No. 144860 /08 dated 26/11/2008 is Ex. PW-

1/7. The said Original X-ray and Medical reports issued by

AIIMS, Trauma Centre is Ex. PW-1/8, Ex. PW-1/9.

5. The deponent states that thereafter, the Doctors asked the

deponent to visit the Hospital after one week. It is submitted that

thereafter the deponent visited AIIMS after one week i.e. on

02.12.2008 and after removing the said Plaster, the Doctors

opined that as the plaster had not done the needful and as the

bones could not be joined and remained separated, therefore,

Surgery has to be undertaken of the said Ankle of the right leg of

the deponent as the bones of the ankle of the right leg of the

deponent were separated. It is submitted that thereafter, with

the consultation of the father of the petitioner, the deponent was

admitted to Akash Hospital at Malviya Nagar, New Delhi on

02/12/2008 where the Doctors namely Mr. Dhananjay Gupta and

his Team operated the ankle of the right leg of the deponent to

reunite the Bones and in this process, 4 Metal Screws and one

Metal wire to hold the said Screws were fixed on the bones and

thereafter, the deponent was discharged from the said Hospital

on 04.12.2008. The original Medical Report dated 2/12/2008

issued by Dr. Dhananjay Gupta is Ex. PW-1/10, the copy of

the Discharge Summary from the Aakash Hospital dt. 4/12/2008

is Ex. PW-1/11. The deponent was also advised to take

complete bed rest for about one and half month. The Doctors

had also advised the deponent that after about 6 to 7 months,

surgery will be conducted again for removal of the said screws,

etc.

6. The deponent states that as per the advice of the Doctors,

the deponent was confined to bed and as a result, with great

difficulty, the deponent appeared in his law examination for 5 th

Semester as the deponent is studying law from I.P. University.

The deponent could not stand on his leg and used to walk with

the help of crutches, the deponent had to go to the Door of the

Taxi as the deponent during that time could not walk at all and

thereafter with great difficulty, the deponent appeared in the

exam and the deponent suffered very badly during that time

physically and mentally both. It is further submitted that because

of his confinement to the bed, the deponent also could not appear

in the internal examination i.e. sixth semester of the said course

of law and the deponent is also lagging behind from other friends

of the deponent and the deponent will appear in the said

examination in future.

7. The deponent states that in June 2009, the Doctors removed

one screw and the deponent was again advised that another

surgery will be conducted by the Doctors for removal of other

screws after about 8 to 9 months later. The deponent is suffering

very badly as till today also, the deponent cannot walk properly

and there is a constant pain on the said right leg of the deponent.

The deponent also cannot run and difference in the gait has also

come because of the said accident.

8. The deponent states that as the deponent could not attend

all his exams and could not attend all his classes properly,

therefore, the deponent is also feeling very much frustrated and

as a result, the deponent is suffering mental tension and pain.

It is submitted that the deponent has already spent

approximately an amount of Rs. 60,000/- for this surgery and

medicine only besides other expenses. Original Bills in respect

of the above mentioned surgery of the deponent, are Ex. PW-

1/12, Ex. PW-1/13, Ex. PW-1/14 and Ex. PW-1/15. Apart

from this, the deponent has also suffered mental tension, torture,

pain and agony, for which the respondents are also liable to

compensate the deponent in this regard, the deponent is

claiming a sum of Rs. 30,00,000/- (Rupees thirty lacs). The

deponent as advised by the Doctor, has also taken special diet,

etc. for quick recovery and relief and the respondents are liable

to compensate the deponent in this respect also.

9. The deponent states that because of the said accident caused

by the respondent no.1 while driving the offending vehicle in a

rash an negligent manner, the deponent also suffered huge

losses as the Wrist Watch and Mobile Phone of the deponent were

also completely destroyed and even the Motor Cycle was also

damaged substantially which got repaired later on by spending a

substantial amount. In this regard also, the respondents are liable

to compensate the deponent.

10. The deponent states that the deponent is now physically

disabled for life as the Doctors have opined that the deponent will

not be able to walk properly as the deponent was walking earlier.

It is only because of rash and negligent driving on the part of the

respondent no.1, the deponent has suffered and is still suffering.

It is submitted that the deponent is a young person of aged about

23 years at present and several other prospects/possibilities of the

deponent in joining Government Organisations like Army, Air

Force, IPS have already been shattered just because of the

aforesaid accident. The deponent apprehends that in future, the

deponent will not be able to apply even for the said posts because

of the said medical unfitness of the deponent though the deponent

had great ambitions in the said fields therefore, in this regard

also, the respondents are liable to compensate the deponent, in

as much as, the entitlement of the deponent is there in this

regard.

11. The deponent states that had the respondent no. 1 taken

due precaution while driving the offending vehicle that too

by not jumping the red light, the accident would not have

taken place and the deponent would not have suffered for two

consecutive years that too on no fault on the part of the

deponent himself. It is relevant to mention here that the

respondent no. 1 on other hand, even did not stop his Car and

ran away from the spot surreptitiously but fortunately the

number plate of the offending vehicle broke into pieces and was

spread all over the accident site which was later on seized by

the police. The copy of the Report of the Seizure memo of the

Number plate of the offending vehicle is Ex. PW-1/16.

12. The deponent states that because of the physical

disablement of the deponent caused by the respondent No.1, as

aforesaid, the deponent apprehends that he might not get a good

match even in future when the deponent will decide to marry. It

is submitted that because of the said accident, not only the

deponent but the parents and other family members of the

deponent, have also suffered mental tension and agony. In

any event, the respondents are liable to compensate the

deponent and the present petition is liable to be granted as

prayed herein under. It is further submitted that the

respondent no. 1 being the driver of the offending vehicle, the

respondent no. 2 being the owner of the said offending vehicle

and the respondent no. 3 being the Insurer of the said offending

vehicle are jointly and severally liable to compensate the

deponent as claimed in the present.

13. The deponent states that the deponent has incurred a

substantial amount till date, as aforesaid, and the deponent

hereby claims an amount of Rs. 30,00,000/- (Rupees thirty lacs)

as compensation and the bifurcation of the said amount is as

follows:-

(i) Medical Expenses Rs. 60, 000/-

(ii) Medical Expenses of second
Surgery Rs. 1,00,000/-
(iii) Misc. Expenses Rs. 60,000/-
(iv) Diet Rs. 70,000/-
(v) Bike accessories Rs. 10,000/-
(vi) Suffering (Physical pain) Rs. 10,00,000/-
(vii) Mental Tension for pain
& agony. Rs. 5,00,000/-
(viii) Loss of Education Rs. 2,00,000/-
(ix) Disability due to accident Rs. 10,00,000/-

14. The deponent states that the deponent has incurred a

handsome amount in commuting during that period to give his

semester exams of LL.B. Hons. The bills of Taxi Charges are

Ex. PW-1/17, Ex. PW-1/18, Ex. PW-1/19, Ex. PW-1/20,

Ex. PW-1/21 and Ex. PW-1/22.

15. The deponent has got his second surgery done in the

month of July, 2010 and got his Screws removed at Orthonova

Hospital, S.D.A., New Delhi where an amount of morethan

Rs.1,00,000/- has been incurred including medical expenses,

medicine, travelling etc. Original Bills of said surgery, medical

bills and discharge summary are Ex. PW-1/23, Ex.PW-1/24

and Ex. PW-1/25.

16. The deponent states that the present petition has been

signed, verified and instituted by the deponent which is true and

correct and it bears the signature of the deponent and the

vakalatnama also bears the signature of the deponent. In any

event, the petition as filed by the deponent is correct and the

compensation may kindly be awarded in accordance with the

amount as claimed in the present petition.

DEPONENT

VERIFICATION:

I, the above named deponent do hereby state on solemn

affirmation that the contents of above affidavit are true and
correct to my knowledge, no part of it is false and nothing
material has been concealed there from.
Verified at Delhi on this day of October, 2010.

DEPONENT
IN THE COURT OF MS. VINEETA GOYAL :JUDGE:
MACT: SAKET COURTS: NEW DELHI.

Petition No. 698/2009

IN THE MATTER OF

SH. SUKRIT TILAK ……PETITIONER

VERSUS

SH. ANKUSH MYINT

& OTHERS ……. RESPONDENTS

LIST OF WITNESSES FILED ON

BEHALF OF PETITIONER.

1. SUKRIT TILAK
S/o Sh. SHAILENDRA TILAK
R/o 15/214 MALVIYA NAGAR
NEW DELHI – 110017.

2. Concerned Police Officials of Police

Station R.K. Puram, New Delhi, alongwith the
Records of FIR, Seizure Memo etc.

3. Concerned officials of AIIMS, New Delhi

alongwith record of MLC and other records.

4. Record Keeper of
 pass such other and/or further order or order(s) or such other

directions as this Hon'ble Court may deem fit or proper in the

facts and circumstances of the case and to meet the ends of

justice.

It is, prayed accordingly.

PETITIONER /
CLAIMANT

Through:

( S. K.
BHADURI )
COUNSEL FOR THE PETITIONER
J-735, WESTERN WING,
TIS HAZARI COURTS, DELHI-54
New Delhi
October,

VERIFICATION

I, the Petitioner above-named, do hereby solemnly verify

and declare that the contents of above Replication from
paragraphs No. 1 to 23 of above petition are true and correct to
the best of my knowledge. I further verify that nothing contained
therein is false no facts have been suppressed and nothing
material has been concealed there from.
Verified at New Delhi on this day of October,
2009.

PETITIONER/CLAIMANT
P R A Y E R:

In view of the aforesaid facts and circumstances, it is,

therefore, most respectfully prayed before this Hon’ble Court that
the claim of the petitioner may kindly be decreed in accordance
with the prayers made in the petition, in the interest of justice.

Any other relief/order(s) which this Hon'ble Court may

deem fit or proper in view of the facts and circumstances of the
present petition, may also be passed/ awarded in favour of the
petitioner and against the respondents.
It is, prayed accordingly.

DELHI PETITIONER
DATED:

Through:

( COUNSEL
)

VERIFICATION:
Verified at Delhi, on this day of January, 2011 that

the contents of above Replication from Paras No. 1 to 23 of reply

on merits are true and correct to my knowledge and those of sub

paras No. (i) – (v) of reply on merits and contents of paras No.

1- 3 of reply to preliminary objections and also the contents of

Introductory submissions are correct on the basis of information

received and believed to be true. Last para of the Rejoinder is

the prayer to this Hon’ble Court.

PETITIONER
IN THE COURT OF SH. K. S. MOHI: JUDGE, MOTOR
ACCIDENT
CLAIM TRIBUNAL, SOUTH DISTRICT, NEW DELHI

MACT Petn. No. of 2009

IN THE MATTER OF:

SH.SUKRIT TILAK
PETITIONER

VERSUS

SH.ANKUSH MYINT AND OTHERS

RESPONDENTS

AFFIDAVIT

I, SUKRIT TILAK S/o Sh. SHAILENDRA TILAK, R/o 15/214

MALVIYA NAGAR, NEW DELHI – 110017, do hereby solemnly
affirm and declare as under:-

1. That I, being the Petitioner in the above noted petition,

am well conversant with the facts of the suit and as such am
competent to swear this affidavit.

2. That the contents of accompanying Replication have been

drafted by my counsel under my instructions and the contents
thereof have also been explained and read over to me in
vernacular which are true and correct to my knowledge, the
contents thereof may kindly be read as part and parcel of this
affidavit also which are not being reproduced herein for the sake
of brevity.

DEPONENT

VERIFICATION:
Verified at Delhi on this day of January, 2011, that the
contents of above affidavit are true and correct to my knowledge.
No part of it is false and nothing material has been
concealed there from.

DEPONENT
IN THE COURT OF SH. K. S. MOHI: JUDGE, MOTOR
ACCIDENT CLAIM TRIBUNAL, SOUTH DISTRICT,
NEW DELHI

MACT Petn. No. 698 of 2009

IN THE MATTER OF:

SH.SUKRIT TILAK ……PETITIONER

VERSUS

SH.ANKUSH MYINT AND OTHERS RESPONDENTS

APPLICATION FILED ON BEHALF OF

PETITIONER FOR RELEASING OF THE
CHEQUE.

MOST RESPECTFULLY SHOWETH:

1. That the above noted claim petition filed by the petitioner

under Motor Vehicle Act, has been settled between the parties and
accordingly the respondent/ Insurance Company concerned has
deposited a Cheque of Rs. 95,000/- before this Hon’ble Court,
therefore, it would be expedient in the interest of justice if the
said cheque is ordered to be released to the applicant/ petitioner.

P RA Y E R:

It is, therefore, most respectfully prayed before this Hon’ble

Court that the said Cheque of Rs. 95,000/- deposited by the
Insurance Company/ respondent, may kindly be ordered to be
given to the applicant/ petitioner, in the interest of justice.
Prayed accordingly.

DELHI PETITIONER
DATED:

Through:

( COUNSEL )