BEFORE THE LD.

MOTOR ACCIDENT CLAIMS TRIBUNAL,

SONEPAT

1. Anita wife of late Sh. Harbir Singh aged 49

years (Aadhaar Card No.763793876327)
2. Vinit S/o Sh. Harbir Singh aged 25 years
(Aadhaar card No.357056811507), both
residents of village Bighan, Tehsil Ganaur
District Sonepat
3. Preeti D/o Sh. Harbir Singh aged 30 years
(Aadhaar Card No.543529815614) and wife of
Sh.Ajay Kumar, r/o H. No.83D/14, Kripal
Nagar, Rohtak.
4. Kirti Rani D/o Sh. Harbir Singh aged 31 years
(Aadhaar Card No.370015951433), r/o H. No.32,
village Neelwal P.O. Tikri Kalan, West Delhi.

----Petitioners

VERSUS

1. Rohit S/o Sh. Raj Roop, r/o West Ram Nagar,

Sonepat at present Gali no.1, Malivya Nagar,
Mehlana Road, Sonepat.
(Driver of car No.HR-10Y-1874)

2. Kuldeep S/o Sh. Jagdish, r/o village Juan,

Tehsil and District Sonepat
(Owner of car No.HR-10Y-1874)

3. The National Insurance company Ltd.,

Vardhman Complex, Opp. Civil Hospital, Sonepat.
(Insurer of Car No.HR-10Y-1874)
---Respondents

---
Claim petition U/S 166 of the Motor
Vehicle Act read with Section 140 of the
M.V. Act.

R/Sir,

The claimants/petitioners hereby apply

for the grant of compensation on account of

death Harbir Singh S/o Sh. Sajjan Singh, who

died in a Motor vehicle accident, which took

place on 16.06.2018 in the area of P.S. Murthal

 -2-

District Sonepat due to the rash and negligent

driving on the part of respondent No.1.

The necessary particulars of the

deceased and the motor vehicle involved in the
accident are as under:-

1. Name and Father’s Name Harbir Singh S/o Sh.

of the Deceased
Sajjan Singh

2. Full Address of the Resident of village

Bhigan, Tehsil Ganaur
Deceased
District Sonepat

3. Age of the Deceased 55 years

4. Occupation of the Security Guard in S.S.

Deceased Group of Security, Ganaur
District Sonepat and at
the time of accident
posted at Mitra Da Dhaba
and agriculturist.

5. Name & Address of the S.S. Group of Security,

employer of the Ganaur District Sonepat
Deceased

Monthly income of the Rs.10,000/- per month

Deceased from security and
Rs.10,000/-per month from
agriculture work.
7. Whether the person in No
respect of whom the
compensation is being
claimed pays income
Tax?
8. Date, Place and time The said accident took
of the accident. place on 16.06.2018 in
the area of P.S. Murthal
District Sonepat.
 -3-

9. Name and address of The case was registered

the police station in against the respondent
whose jurisdiction the No.1 vide FIR No.206
accident took place or dated 16.06.2018 U/s
the case was 279/304A IPC P.S.
registered. Murthal, Sonepat.

10. Was the person in N.A.

respect of whom the
compensation is being
claimed traveling in
the offending vehicle?
11. Nature of the injuries The deceased received
sustained by the serious and grievous
Deceased injuries, which proved
fatal.

12. Name and address of Soon after the accident

the M.O., who attended the deceased was taken to
on the Deceased. Civil Hospital, Sonepat,
where the doctors
declared him brought
dead.
13. Period of treatment The Post Mortem of the
deceased was conducted
and expenditure
vide PMR
incurred thereon No.PMR/AJ/45/2018 dated
16.06.2018 by the doctors
of Civil Hospital,
Sonepat and the claimants
has spent Rs.1,00,000/-
on transportation and
last rites of the
deceased.

14. Regn. No. & type of Car No.HR-10Y-1874

the offending vehicle.
15. Name and address of Respondent No.2
the owner of the
offending vehicle.
 -4-

16. Name and address of Respondent No.3

the insurer of the
offending vehicle..

17. Has any claim been No

lodged either with the
owner or insurer of
the offending vehicle.

18. Name and address of As given in the title of

the claimant. the claim petition.

19. Relationship with the Legal heirs

deceased.

20. Title to the property Legal heirs

of the Deceased.

21. Amount of compensation Rs.50,00,000/- (Rupees

claimed Fifty Lacs only)

22. Any other information The said accident was

that my be helpful and caused by rash and
necessary for the just negligent driving of
disposal of the claim respondent No.1 in a very
petition. high speed and without
observing the traffic
rules.

23. Reason for late The claim petition is

submission of the within time.
claim petition.
24. Cause of accident with
brief description.

That on 16.06.2018 the complainant,

Pardeep S/o Sh. Sajjan Singh, r/o village
Bhigan, Tehsil Ganaur District Sonepat has
received a massage that Harbir Singh (now
 -5-

deceased) brother of the deceased has met with

an accident while he was coming from Mitra Da

Dhaba after completion of his duty met with an

accident, which was caused by some unknown

vehicle and after receiving the information the

complainant alongwith family came at the spot

and took the deceased at Civil hospital, Sonepat

and due to the injuries sustained by the

deceased he was succumbed to the injuries. Later

on one Sandeep S/o Sh. Raj Kumar, r/o village

Puth Kalan, Delhi made a statement that he

witnessed the said accident and made a complaint

to the P.S. Murthal, Sonepat that the driver of

Car No.HR-10Y-1874 has caused the accident. A

formal FIR No. 206 dated 16.06.2018 U/s 279/304A

IPC P.S. Murthal, Sonepat was lodged against the

respondent no.1 by the complainant, Pardeep.

Upon the enquiry investigation has been

conducted by the P.S. Murthal, Sonepat and

during the investigation it was found that the

respondent no.1 has caused the accident with the

offending Car No.HR-10Y-1874.

That the deceased was doing the job of

Security Guard in S.S. Group of Security, Ganaur

District Sonepat and used to earn Rs.10,000/-

per month. The deceased was posted at Mitra Da

 -6-

Dhaba at the time of his death besides this the

deceased was also doing the work of agriculture,
from that source he was also earning a handsome
amount of Rs.10,000/- per month, in this way
the deceased was earning Rs.20,000/- per month.
The whole earning was contributing by the
deceased to his family members. The deceased was
a very hard worker man. He was engaged purely in
his occupation and maintenance of the
petitioners. He has been properly maintaining
the petitioners and has been providing better
love and affection to the petitioners. But due
to this untimely death, all of this has come to
an end, the hopes have been ruined and they have
become ruined and have come to an end with
financial hardship.

The due to this accident, the life of

the petitioners have become dark. The
petitioners have lost their husband and father.
The lives of the petitioners have been ruined
now after the death of deceased and after the
death of deceased, there is no one in the family
to look after the claimants. As such, due to the
untimely death of the deceased, the claimants
have suffered a great tension, pain, mental
shock, agony. As such, the sufferings suffered
or to be suffered by the claimants/petitioners
can not at all calculate in any manner and as
such, the same can not be compensated in the
terms of money, however, the claimants claims a
 -7-

nominal sum of Rs.50,00,000/- as compensation

from the respondents, to which, the respondents
are liable to pay the same to the claimants.

That the respondent No.1 is the driver of

Car No.HR-10Y-1874, the respondent No.1 was
driving the said Car under the control and
supervision of the respondent no.2, the said
vehicle was insured with the respondent No.3 and
as such all the respondents are liable to pay
the above said amount of Rs.50,00,000/- (Rupees
Fifty Lacs only) to the petitioners.

It is, therefore, humbly prayed that an

award in the sum of Rs.50,00,000/- (Rupees Fifty
Lac only) only may kindly be passed in favour of
the petitioners/claimants and against the
respondents along with interest @ 18% from the
date of filing the petition till realization, in
the interest of justice.
Costs of the petition, together with
such any other relief to which, the
petitioner/claimant be found fit and entitled
may kindly also be awarded to the petitioner, in
the interest of justice.

Verification Petitioners/Claimants

Verified that the 1.Anita wife of late Sh.

contents of the Harbir Singh 2.Vinit S/o
above claim petition Sh. Harbir Singh, both
are true and correct residents of village
to the best of our Bighan, Tehsil Ganaur
knowledge and belief. District Sonepat 3.Preeti
Verified at Sonepat D/o Sh. Harbir Singh and
On wife of Sh. Ajay Kumar, r/o
H. No.83D/14, Kripal Nagar,
Rohtak. 4.Kirti Rani D/o
Sh. Harbir Singh, r/o H.
No.32, village Neelwal P.O.
Tikri Kalan, West Delhi.

Through Counsel
 BEFORE THE LD. MOTOR ACCIDENT CLAIMS TRIBUNAL,
SONEPAT

Anita etc. ----Petitioners

VERSUS
Rohit etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Affidavit

I, Vinit S/o Sh. Harbir Singh aged 25 years (Aadhaar

card No.357056811507), both residents of village
Bighan, Tehsil Ganaur District Sonepat do hereby
solemnly affirm and declare as under:-

1. That the deponent and other petitioner has

got filed the above noted claim petition before this
Hon'ble court and except the present claim petition
there is no any claim petition is filed or decided
before any court of law throughout India.

Deponent

Verification:-
Verified that the contents of the above
affidavit are true and correct to the best of my
knowledge and belief. Verified at Sonepat on

Deponent
 BEFORE THE LD. MOTOR ACCIDENT CLAIMS TRIBUNAL,
SONEPAT

Anita etc. ----Petitioners

VERSUS
Rohit etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Affidavit

I, Anita wife of late Sh. Harbir Singh aged 49 years

(Aadhaar Card No.763793876327) resident of village

Bighan, Tehsil Ganaur District Sonepat do hereby

solemnly affirm and declare as under:-

1. That the deponent and other petitioners has

got filed the above noted claim petition before this
Hon'ble court and except the present claim petition
there is no any claim petition is filed or decided
before any court of law throughout India.

Deponent

Verification:-
Verified that the contents of the above

affidavit are true and correct to the best of my

knowledge and belief. Verified at Sonepat on

Deponent
 In the court of Sh. Y.S. Rathor Ld. MACT,
Sonepat

Anita etc. ----Petitioners

VERSUS

Rohit etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Evidence by way of Affidavit

I, Anita wife of late Sh. Harbir Singh aged 49 years

(Aadhaar Card No.763793876327) resident of village

Bighan, Tehsil Ganaur District Sonepat do hereby

solemnly affirm and declare as under:-

1. That on 16.06.2018 the complainant, Pardeep

S/o Sh. Sajjan Singh, r/o village Bhigan, Tehsil

Ganaur District Sonepat has received a massage that

Harbir Singh (now deceased) brother of the deceased

has met with an accident while he was coming from

Mitra Da Dhaba after completion of his duty met with

an accident, which was caused by some unknown vehicle

and after receiving the information the complainant

alongwith family came at the spot and took the

deceased at Civil hospital, Sonepat and due to the

injuries sustained by the deceased he was succumbed

to the injuries. Later on one Sandeep S/o Sh. Raj

Kumar, r/o village Puth Kalan, Delhi made a statement

that he witnessed the said accident and made a

complaint to the P.S. Murthal, Sonepat that the

driver of Car No.HR-10Y-1874 has caused the accident.

 -2-

A formal FIR No. 206 dated 16.06.2018 U/s 279/304A

IPC P.S. Murthal, Sonepat was lodged against the

respondent no.1 by the complainant, Pardeep. Upon the

enquiry investigation has been conducted by the P.S.

Murthal, Sonepat and during the investigation it was

found that the respondent no.1 has caused the

accident with the offending Car No.HR-10Y-1874.

2. That the deceased was doing the job of

Security Guard in S.S. Group of Security, Ganaur

District Sonepat and used to earn Rs.10,000/- per

month. The deceased was posted at Mitra Da Dhaba at

the time of his death besides this the deceased was

also doing the work of agriculture, from that source

he was also earning a handsome amount of Rs.10,000/-

per month, in this way the deceased was earning

Rs.20,000/- per month. The whole earning was

contributing by the deceased to his family members.

The deceased was a very hard worker man. He was

engaged purely in his occupation and maintenance of

the petitioners. He has been properly maintaining the

petitioners and has been providing better love and

affection to the petitioners. But due to this

untimely death, all of this has come to an end, the

hopes have been ruined and they have become ruined

and have come to an end with financial hardship.

 -3-

3. That due to this accident, the life of the

petitioners have become dark. The petitioners have
lost their husband and father. The lives of the
petitioners have been ruined now after the death of
deceased and after the death of deceased, there is no
one in the family to look after the claimants. As
such, due to the untimely death of the deceased, the
claimants have suffered a great tension, pain, mental
shock, agony. As such, the sufferings suffered or to
be suffered by the claimants/petitioners can not at
all calculate in any manner and as such all the
respondents are liable to pay the same to the
claimants.
4. That the respondent No.1 is the driver of
Car No.HR-10Y-1874, the respondent No.1 was driving
the said Car under the control and supervision of the
respondent no.2, the said vehicle was insured with
the respondent No.3 and as such all the respondents
are liable to pay the compensation amount to the
petitioners. Hence, the petition of the petitioners
be allowed as prayed for in the petition.

4. That the contents of the affidavit has been

read over to me in Hindi by the counsel of the
deponent and the deponent has understand the contents
of the affidavit in simple Hindi and the present
affidavit has been drafted as per the instruction of
the deponent on factual position.

Deponent
Verification:-
Verified that the contents of the above
affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed
therein.

Verified at Sonepat Deponent

On 24.09.2019.
 In the court of Sh. Y.S. Rathor Ld. MACT,
Sonepat

Anita etc. ----Petitioners

VERSUS

Rohit etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Evidence by way of Affidavit

I, Pardeep S/o Sh. Sajjan Singh aged ___ years, r/o

village Bhigan, Tehsil Ganaur District Sonepat do

hereby solemnly affirm and declare as under:-

1. That on 16.06.2018 the deponent has received

a massage that Harbir Singh (now deceased) brother of

the deceased has met with an accident while he was

coming from Mitra Da Dhaba after completion of his

duty met with an accident, which was caused by some

unknown vehicle and after receiving the information

the complainant alongwith family came at the spot and

took the deceased at Civil hospital, Sonepat and due

to the injuries sustained by the deceased he was

succumbed to the injuries. Later on one Sandeep S/o

Sh. Raj Kumar, r/o village Puth Kalan, Delhi made a

statement that he witnessed the said accident and

made a complaint to the P.S. Murthal, Sonepat that

the driver of Car No.HR-10Y-1874 has caused the

accident. A formal FIR No. 206 dated 16.06.2018 U/s

279/304A IPC P.S. Murthal, Sonepat was lodged against

the respondent no.1 by the complainant, Pardeep. Upon

 -2-

the enquiry investigation has been conducted by the

P.S. Murthal, Sonepat and during the investigation it

was found that the respondent no.1 has caused the

accident with the offending Car No.HR-10Y-1874.

2. That due to this accident, the life of the

petitioners have become dark. The petitioners have

lost their husband and father. The lives of the

petitioners have been ruined now after the death of

deceased and after the death of deceased, there is no

one in the family to look after the claimants. As

such, due to the untimely death of the deceased, the

claimants have suffered a great tension, pain, mental

shock, agony. As such, the sufferings suffered or to

be suffered by the claimants/petitioners can not at

all calculate in any manner and as such all the

respondents are liable to pay the same to the

claimants. Hence, the petition of the petitioners be

allowed.

3. That the contents of the affidavit has been

read over to me in Hindi by the counsel of the
deponent and the deponent has understand the contents
of the affidavit in simple Hindi and the present
affidavit has been drafted as per the instruction of
the deponent on factual position.

Deponent
Verification:-
Verified that the contents of the above
affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed
therein.
Verified at Sonepat Deponent
On 24.09.2019.
 In the court of Sh. Y.S. Rathor Ld. MACT,
Sonepat

Anita etc. ----Petitioners

VERSUS

Rohit etc. --Respondents

Claim petition U/S 166 of the Motor

Vehicle Act read with Section 140 of the
M.V. Act.

Application for summoning and

examining the witnesses

R/Sir,

The applicants/claimants submit as under:-

1. That the above noted case is pending before

this Hon'ble court and the same is fixed for
23.10.2019.
2. That the applicants/claimants want to summon
and examine the following witnesses:-
(i) Sandeep S/o Sh. Raj Kumar, r/o village Puth
Kalan, Delhi.
(ii) Owner cum authorized person of Mitra Da
Dhaba, G.T. Road, near Kali Mata Ka Mandir, Bari,
Ganaur District Sonepat.
3. That the applicants/claimants are ready to

deposit the T.A. and D.A. of the above said

witnesses.

It is, therefore, prayed that the above

mentioned witnesses may kindly be summoned for the
date fixed, in the interest of justice.

Applicants/claimants
Dated 27.09.19 Anita wife of late Sh. Harbir
Singh, r/o village Bhigan Tehsil
Ganaur district Sonepat

Through counsel