DRAFTING, PLEADING AND CONVEYANCE

Project Report on

APPLICATION FOR GRANT OF COMPENSATION UNDER SECTION

166OF THE MOTOR VEHICLES ACT, 1988
DEED FOR DISSOLUTION OF PARTNERSHIP

SUBMITTED TO: SUBMITTED BY:

Mr. Sanjeev Sharma Name: Tushal Bagri
B.Com LL.B. (Hons.)
Roll No. - 220/16
Semester 8
Section D
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS MY SPECIAL THANKS OF

GRATITUDE TOWARDS MY TEACHER DR. HARMAN
SHERGILL FOR THEIR ABLE GUIDANCE AND
SUPPORT IN COMPLETING MY PROJECT.

I WOULD ALSO LIKE TO EXTEND MY GRATITUDE

TOWARDS MY FRIENDS AND LIBRARIANS FOR
PROVIDING ME ALL THE FACILITY THAT WAS
REQUIRED IN COMPLETING THIS PROJECT

APPLICATION FOR GRANT OF COMPENSATION

UNDER SECTION 166 OF THE MOTOR VEHICLE
ACT, 1988
 Introduction
The right to claim damages in case of death was recognized as early as in
the year 1846 under the common law. It was in the year 1846 that Fatal
Accidents was introduced in England for the first time. Law further developed
and Fatal Accidents Act, 1855 got introduced in India. Thereafter Motor
Vehicles Act, 1939 was enacted to specifically deal with accidents arising
out from Motor Vehicle. Further thereafter, Motor Vehicles Act, 1988 was
enacted to consolidate and amend the law relating to accidents arising out of
Motor Vehicles.

There has been quite a few amendments in the Act of 1988 in the year
1994, 2000 etc. to make its object and scope wider and to deal with all
eventualities arising there from. A bill has been introduced by the Ministry
proposing stringent punishment for traffic offences such as drunken driving
and an accident in which a child is killed. Fines have also been proposed to
the enhanced manifold in order to curb the menace of traffic violation
leading to accidents.

Objective of Motor Vehicles Act

The Motor Vehicles Act, 1988 has been enacted keeping in mind the
following objectives;

 To take care of the fast increasing number of both commercial

vehicles and personal vehicles in the country.
 Concern for road safety standards, and pollution-control measures,
standards for transportation of hazardous and explosive materials
 Need for effective ways of tracking down traffic offenders
  Stricter procedures relating to grant of driving licences and the
period of validity thereof.
 Administration of the Solatium Scheme by the General Insurance
Corporation.
 Provision for enhanced compensation in cases of “no fault liability”
and in hit and run motor accidents
 Provision for payment of compensation by the insurer to the extent
of actual liability to the victims of motor accidents irrespective of the
class of vehicles
 Providing adequate compensation to victims of road accidents
without going into long drawn procedure
 Enhancing penalties for traffic offenders
 Increase in the amount of compensation of the victims of hit and
run cases.
 Removal of time limit for filling of application by road accident
victims for compensation.
 Punishment in case of certain offences is made stringent.
 Formula for payment of compensation to road accident victims on
the basis of age / income, which is more liberal and rational etc.

How to Make Application for Grant of Compensation

An application for compensation is made under section 166 of the Motor
Vehicles Act and shall be accompanied by a court fee of Rs. 10 in the form of
court-fee stamps.

Particulars to the submitted in the Application

Following particulars are required to be provided when a Claimant files
application seeking grant of compensation
 1. Name and father’s name of the person injured/dead (husband’s
name in the case of married woman and widow).
2. Full address of the person injured/dead.
3. Age of the person injured/dead.
4. Occupation of the person injure/dead.
5. Name address of the employer of the insured/dead, if any.
6. Monthly income of the person injured/dead.
7. Whether the person in respect of whom compensation is claimed
pay income tax (to be supported by documentary evidence)
8. Place, date and time of accident.
9. Name and address of Police station in whose jurisdiction the
accident took place or was registered.

Limitation Period
No application for compensation shall be entertained unless it is made
within six months of the occurrence of the accident.

Appeal
An appeal against the order of the Claims Tribunal lies to the High
Court and may be filed within ninety days from the date of the award.

No appeal shall lie against an award if the amount in dispute in the appeal is
less than 10,000 rupees.

Who can file an Application for Compensation?

An application for compensation involving the death of, or bodily injury to,
persons arising out of the use of motor vehicles, can be made–
 1. by the person who has sustained the injury; or
2. by the owner of the property; or
3. where death has resulted from the accident, by all or any of the
legal representatives of the deceased; or
4. by any agent duly authorized by the person injured or all or any of
the legal representatives of the deceased, as the case may be.

Where to File an Application for Compensation?

Every application shall be made, at the option of the claimant,

1. To the Claims Tribunal having jurisdiction over the area in which the
accident occurred or
2. To the Claims Tribunal within the local limits of whose jurisdiction
the claimant resides or carries on business or
3. Within the local limits of whose jurisdiction the defendant resides.

DEED FOR DISSOLUTION O PARTNERSHIP

INTRODUCTION

Section 39 of the Indian Partnership Act, 1932 [4] defines dissolution of

partnership firm. It defines the dissolution of partnership between all the
partners of a firm is called the dissolution of the firm.

Dissolution of partnership firm is different from the dissolution of partners.

Dissolution of the firm means to discontinue all the business activities within
the firm. When the activities are stopped and the assets are used to pay off
the debt it amounts to the dissolution of the firm. When a partner agrees to
continue the same firm even after the retirement of a partner then it is
called dissolution of partners and not firm. As the firm is still in process by
the partner but the partnership between the partner is finished.

Dissolution of firm leads to the dissolution of partnership too. There is a

contractual relationship among the partners which works with the firm. If the
firm is dissolved then the partnership is also dissolved.

The Indian Partnership Act, 1932 defines dissolution in different ways.

Section 40 to 44 states dissolution of partnership firm.

Dissolution of a partnership firm can be done in 2 ways:

 Dissolution without the intervention of the court(section 40-43)

 Dissolution by the Court (Section 44)

Format of Dissolution of partnership Deed

This Deed of Dissolution made at _________ this ___________(date)
between

1. __________________________ (name & address of client) And

2. ___________________________ (name & address of client) And

3. ___________________________ (name & address of client)

WHEREAS

(1) The partners hereto were carrying on the ________________ (nature of

firm) in partnership under the terms a partnership deed executed on dated
________ under the name and style of _______________ (name of the
firm) with its registered office at _______________ (address of the firm).

(2) On account of personal reasons, the partners by mutual consent have

decided to dissolve the partnership on terms & conditions hereinafter
appearing.

NOW THIS DEED WITNESSTH AS FOLLOWS

(1) That the accounts of the assets and liabilities of the said partnership
have been assessed and a final Balance Sheet of the same ahs been
prepared and all the partners have been seen the said accounts & are
satisfied about its correctness.

(2) The parties hereto hereby dissolve the partnership subsisting between
them under the Deed of Partnership dated on ___________ with effect from
dated _______ .

(3) After the dissolution, the partners shall not carry out any professional
activities in the name of the firm except to realise all the assets and
discharge all outside liabilities on dated, except the capital A/c of the
partners in the firm.

(4) The partners debit/Credit amount in capital account shall be mutually

adjusted in future by each partner.

IN WITNESS WHERE OF the parties have hereunto set their hands the day
and year first above written.

WITNESS:

1.

2.

3.

The dissolution of partnership between all the partners is called the

“Dissolution of Firm”. [Section 39, Partnership Act.]. Dissolution of firm may
take place in the following manner.

A firm may be dissolved with the consent of all the partners [Section 10,
Partnership Act], the agreement of Partnership deed vague & doubtful w.e.f.
_____________. Dissolution of a firm is the process by which legal existence
of the firm comes to an end. The firm continues to exist until its affairs are
finally and completely wound up.

DISSOLUTION DEED
THIS DEED OF DISSOLUTION is made and entered into at Gurgaon this 31st
day of March 2009, BETWEEN:

(1) Sh. Radhey Shyam S/o Sh. Partap Singh, R/o H.No. 1276, Laxman Vihar,
Gurgaon, hereinafter referred to as the Party of the First Part and

2) Sh. Virender Shokeen S/o Sh. Krishan Kumar R/o C-79, V & P. O.
Chhawla, New Delhi-110 071, hereinafter referred to as the Party of the
Second Part,

WHEREAS

the parties hereto were carrying on business of transport in partnership

under the firm name and style of M/s. Shree Radhey Car Carriers, as per
Deed of Partnership dated 29th April 2005, with effect from 29th day of April
2005 at Gurgaon.

The parties hereto have agreed to dissolve the said Partnership firm by
mutual consent. And whereas the parties hereto are desirous of reducing
into writing the term and conditions of the dissolution of the said partnership
firm.

NOW THIS DEED OF DISSOLUTION WITNESSETH AS FOLLOWS:

1. That the partnership under the Deed of Partnership dated 29 th April 2005,
being carried under the name and style of M/S. SHREE RADHEY CAR
CARRIERS shall be deemed to have been dissolved by mutual consent with
effect from the close of 31st March 2009.

2. That the all of the existing business, assests and liabilities of the said
partnership firm will be taken over by the party of the Second Part i.e. Sh.
Virender Shokeen and the share of first party i.e. Sh. Radhey Shyam will be
paid/adjusted as per their mutual consent.
3. That both of the said parties has assured the other and warrants that
except as recorded in the books of accounts and papers of the partnership,
each of them has not received, collected or discharged or compromised any
claim, demand or other credit due or to become due to the partnership or
acurred any obligation that may now or hereafter directly or indirectly
charge or effect the partnership or any of its property.

4. That each of the parties hereto have agreed to assure that they shall
execute any other deed or deeds or releases to further assure the carrying
into effect the terms agreed to herein but at the expenses of requisitioning
party.

5. That each of the parties hereto hereby mutually releases the other from
the terms and conditions, proceedings, claims or otherwise arising out of or
in respect of the said firm and from all affairs, business transactions,
outstanding, credits and demands in respect thereof. The parties hereto
have agreed to settle their accounts as per Balance Sheet as on 31 st March’
2009.

6. Notwithstanding anything stated hereby or provided in these presents, it

is hereby agreed by and between the parties hereto that all the parties
hereto in due course shall pay their respective liabilities if any for Income
tax, Service Tax, or any other tax in respect of the profits or income made
by the said partnership firm in proportions to their respective shares prior to
the date of dissolution as aforesaid and shall and will justly, indemnify and
keep indemnified each other, their respective heirs, executors and
administrators and their estates and effects from and against all claims,
demands, actions, proceedings that may be made, adopted or taken and
against all costs, charges and expenses that may be incurred in respect
thereof.

7. That on the written consent from the other party, any of the party can
opens a new prop. business by name of “Shree Radhey Car Carriers”
IN WITNESS WHEREOF the parties hereto have set and subscribed
their respective hands on the 31stday of March’ 2009 first
hereinabove written.

SIGNED AND DELIVERED By Radhey Shyam

SIGNED AND DELIVERED By Virender Shokeen

Witness

1.

2.