MACT Claim Petition Format U/s 166 of Motor Vehicles Act, 1988

BEFORE THE HON’BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MOHALI

1        Mangat Singh aged about 32 years Son of Chand Singh Son of Gurbax Singh resident of Mohali District Mohali
2        Sandeep Kaur aged about 28 years wife of Mangat Singh Son of Chand Singh resident of Mohali District Mohali
Applicant/Claimants
Versus
1        Manjeet Singh alias Bittu Son of Mann Singh resident of village Mohali District Mohali  (Driver Cum Co-Owner of Truck No. PB-**-****)
2        Navdeep Singh alias Nimma Son of Surjan Singh resident of village Mohali District Mohali ( Co-Owner of Truck No. PB-**-****)
3        Insurance Company, if any, to be disclosed by Respondents No.1 and 2.
Respondents
MACT Claim Petition Format U/s 166 of Motor Vehicles Act, 1988

Claim Petition U/s 166 of Motor Vehicles Act, 1988


Respected Sir,
                        The applicants/Claimants submit as under: -

                        We, the above named claimants hereby apply, being legal heirs/representatives of the deceased Maninder Kaur aged about 3 years and Preet Kaur aged about 5 years minor  daughters of Mangat Singh for grant of compensation to the tune of 80,00,000/- on account of death of Maninder Kaur aged about 3 years, Preet aged about 5 years minor daughters of Mangat Singh resident of Mohali District Mohali who died in a motor vehicle accident, which took place on 6-2-2013 Necessary particulars in respect of deceased and vehicle etc. are given as under: -
1.
Name & Father’s name of the deceased.

1 Preet Kaur aged about 5 years
2 Maninder Kaur aged about 3 years minor daughters of Mangat Singh residents of Mohali District Mohali
2.
Full address of the deceased.

1 Preet Kaur aged about 5 years
2 Maninder Kaur aged about 3 years minor daughters of Mangat Singh residents of Mohali District Mohali
3.
Age of the person dead.

 Preet Kaur aged 5 years and Maninder Kaur aged 3 years at the time of accident.
4.
Occupation of the deceased.

Studying at Anganwadi School Ahlupur
5.
Name & Address of the employer of the deceased.

No
6.
Monthly income of the deceased.

No

7.
Does the person in respect of whom compensation is claimed pay income tax?

No
8.
Place, date & time of the accident.

The accident took place in Mohali District Mohali on 6-2-2013 at about 9.30 A.M.
9.
Name & Address of the police station in whose jurisdiction, the accident took place or the case was registered.

Police station Mohali where a case FIR No.8 dated 6.2.2013 U/s 304/337/427 IPC was registered against the respondent No.1.

10.
Was the person in respect of whom compensation claimed travelling by the motor vehicle involved in the accident? If so, give the place of starting of journey and destination.

No. The deceased Jiwan Kumar was travelling Sangrur to Chandigarh on  his Motor Cycle bearing No. PB ***-**** Splender + Hero Honda when the same was hit by the offending School Van (Bus) no. PB-**-****, which was be driven rashly and negligently by the respondent no. 1
11.
Nature of injuries received by the deceased.

The deceased Preet Kaur and Maninder Kaur received multiple injuries on his body and they died on the spot. Photocopy of Post-mortem Report is attached herewith.
12.
Name & Address of the Medical Officer, if any, who attended the deceased?

Dr. Mohd. Iqbal, Medical Officer who conducted the post mortem of the deceased Preet Kaur and Maninder at Mini, P.H. C. Mohali.
13.
Period of treatment and expenditure, if any, incurred thereon.

Preet Kaur and Maninder Kaur died on the spot.
14.
Registration Number & type of motor vehicle involved in the accident.

Truck No. HR-**-****
15.
Name & Address of the insurer of the vehicle.

Not known, to be disclosed by Respondents No.1 and 2.

16.
Name & Address of the owner of the vehicle.

Respondents No. 1 and 2 Manjit Singh alias Bittu Son of Mann Singh resident of Mohali District Mohali and Navdeep Singh alias Nimma Son of Surjan Singh resident of Mohali District Mohali
(Owner of Truck No. HR-**-****)

17.
Has any claim been lodged with owner/insurer, if so, with what result?


Oral requests were made but to no avail.
So far, no claim has be lodged in any court of law.
18.
Name & Address of the Claimants.

1        Mangat Singh aged about 32 years Son of Chand Singh Son of Gurbax Singh resident of Mohali District Mohali
2        Sandeep Kaur aged about 28 years wife of Mangat Singh Son of Chand Singh resident of Mohali District Mohali

19.
Relationship of the Claimant with the deceased.


The Claimant No.1 is father of the deceased Preet Kaur and Maninder Kaur, Claimant No.2 is the mother of deceased Preet Kaur and Pooja Kaur.
20.
Title of the property of the deceased.

Legal heirs, representatives of deceased Preet Kaur and Maninder Kaur
21. 
Amount of compensation claimed for the death Preet Kaur and Maninder Kaur Rs 80,00,000/-

            The deceased Preet Kaur and Maninder Kaur were minor and they were studying in the Anganwadi School.
                                
22.
Reasons or grounds for late submission of claim petition on which condonation of delay is claimed.

Not applicable.
23
Any other information that may be helpful/necessary in disposal of claim.

The deceased Jiwan Kumar was an able bodied man of 30 years. His total income was Rs.30,000/- per month from the business. Out of which he used to provide Rs.25,000/- per month to the claimants. Being hard working by nature his income was growing by day by day. At the time of accident he was about 30 years of the age, as per the deceased's family history, the life expectancy is about 80 years. This means he would have earned about 1.8 Crore Rupees during his life time, had his life win not cut short by the said accident. All the claimants have lost love, care and affection. The future of the claimants has got ruined. The family has suffered and irreparable loss due to untimely death of deceased Jiwan Kumar.

24
Cause of death with brief description.


On 6-2-2013 at 9:30 AM Manjit Singh alias Bittu respondent no. 1 whose is residence was near to school and was aware Pooja Kaur, Pret Kaur, Muskan Kaur and Priynaka minor children were studying in Anganwadi School Ahlupur, starting his truck registration no. HR 39-3677 and he reversed the truck on a very high speed towards Anganwadi school. All of them started calling him to stop the truck and raised raula. Ranjit Singh alias Bittu respondent no. 1 instead of stopping the truck accelerated the speed and dashed the truck with the wall of school. Wall of school fell down. Mangat Singh etc. reached on the spot. Hundred of people collected there. Preet Kaur and Pooja Kaur died on spot due to injuries sustained there. Muskan, Priynaka daughter of Mangal Singh and Lovepreet Singh Son of Manga Singh suffered injuries.  Manjeet Kaur Headmistress of Anganwadi School also reached there. Other residents of village gathered there. They arranged the vehicle Muskan, Priynaka and Lovepreet Singh were sent to Civil Hospital Sardulgarh but on the way Lovepreet Singh also died.  Manjit Singh alias Bittu ran away from the spot after leaving the truck.
25.       That no claim regarding the death of Preet Kaur and Pooja Kaur in the above accident has been filed before any Motor Vehicle Accidents Claims Tribunal anywhere in India.

                        It is, therefore, prayed that the claim petition may kindly be accepted with costs and claimants may kindly be awarded compensation to the tune of Rs.80,00,000/- on the account of death of deceased Preet Kaur and Maninder Kaur, who died in the Motor Vehicle Accident which occurred due to the rash and negligent act of respondent no. 1. The Claimants also be awarded interest @ 18% p.a. on the compensation amount from the date of accident till realization and any other relief which this Hon'ble may deem to be fit.

                        The Claimants also be allowed to appear through their counsel.
Dated: 18-3-2013               
Submitted by: -
1        Mangat Singh aged about 32 years Son of Chand Singh Son of Gurbax Singh resident of Ahlupur District Mohali
2        Sandeep Kaur aged about 28 years wife of Mangat Singh Son of Chand Singh resident of village Ahlupur District Mohali
Applicant/Claimants

                                    Through Counsel
                   
Advocates & Associates
                              District Courts, Mohali
VERIFICATION:
              Verified that contents of para Nos. 1 to 25 of the claim petition are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Verified at Mohali on _____________
                                                                                                                                Claimants

Post a Comment

Really helpful. Thanks for compiling it. Looking forward to visit your website again.

Do let us know what you think about this post and Please no spamming here.
And in case you need any legal advice, please visit http://g8.geekupd8.com/forum.

[blogger][facebook]

Puneet Batish Advocate

{facebook#http://g8.geekupd8.com/Adv.Batish} {twitter#http://g8.geekupd8.com/Twitter} {google-plus#http://g8.geekupd8.com/+pb} {pinterest#http://g8.geekupd8.com/Pinterest} {youtube#http://g8.geekupd8.com/YouTube}

Contact Form

Name

Email *

Message *

Powered by Blogger.
Javascript DisablePlease Enable Javascript To See All Widget