Before the Motor Accident Claims Tribunal

(VIIth Addl. DISTRICT JUDGE), ONGOLE.

M.V.O.P. No. 221/2007.
BETWEEN:-

Alahari @ Tirumalasetty Uma Maheswari

W/o Late Tirumalasetty Yagna Srinivasa Babu Rao,
Hindu, aged about 44 years, Employee in Panchayat Raj Department,
Singarayakonda, R/o Nalamalla Vari Thota,
Near Sailaja Hall, Kandukur, Prakasam District.
..Petitioner
AND
1. Mr.V.Jagan S/o Yadaiah, aged 36 years,
H.No.9-222, Venkateswara Nagar, Mall, Godkondla, Nalgonda Dt.
2. ICICI Lombard General Insurance Company Ltd.,
ICICI Bank Towers, Bandra-Kurla Complex,
Bandra[East] Mumbai.
[Policy No. 3003/A/1158854/00/B00 from 26-2-2007, valid up to 25-2-2008]
3. Kalyani Travels, rep.byits Proprietor,
Konda Sarveswara Rao, Kurnool Road, Opp:-A.P.S.R.T.C.,Depot, Ongole,
Owner of the Travel Bus AP/9X/6159, as per Amendment orders of
I.A.615/08, dt:-19-09-08.
4. New India Assurance Company Ltd.,
rep.by its Divisional Manager, Trunk Road,
Opp:- Nellore Bus-Stand, Ongole.
As per Amendment Order of I.A.615/08, Dt:-19/9/08.
CLAIM APPLICATION FILED UNDER SECTION 166 & 167 OF
MOTOR VEHICLE ACT ( as per Amendment order of I.A.615/08,
dt:19/9/2008)
1. Name and fathers name of the :
person/dead
:

Tirumalasetty Srihari Prasad

S/o Late Yagna Srinivasa Babu Rao

2. Full address of deceased

Tirumalasetty Srihari Prasad,

S/o Late Yagna Srinivasa Babu Rao
Kandukur Village & Mandal,
Prakasam Dt.

3. Age of the injured/deceased

4. Occupation of the injured/deceased :

24 years
Driver of Travel Bus

5. Name and address of the

employer, if any of the

6. Monthly Income of the person

injured/deceased

Kalyani Travels, Konda SarveswaraRao, Ongole.

Rs. 6,000/- p.m.

7. Whether the person in respect of whom

compensation is claimed pays income :
tax ( to be supported by documentary
evidence)
8. Place, date, time of the accident :
9. Name and address of the P.S. in
whose jurisdiction the accident
took place or was registered.

No

On 01-05-2007 at about 04-00 hours., in

Hyderabad-Sagar Road in Yacharam
Village.
: Yacharam P.S. in Cr.No.30/2007
U/s 304-A. IPC.

10. Was the person in respect of

:
whom compensation is claimed
traveling by the vehicle involved
in the accident. If so state the name
of place or starting of journey and
destination.

No

11. Nature of the injuries, sustained

and the continuing effect, if any,
of the injuries.

Sustained Multiple injuries and

died.

12. Name and address of the Medical

Officer/Practitioner if any who
attended on the injured.

Duty R.M.O., Osmania General

Hospital, Hyderabad.

13. Nature of and period of treatment

and expenditure, if any injured
:
thereon ( to be supported by
documentary evidence)
14. Disability for work if any caused

Does not arise.

15. Registration number and type of :

the vehicle involved in the accident.

Does not arise.

Lorry bearing No. ATT 6254

16. Name and address of the owner of

the vehicle.
:1st Respondent, R3 is the owner of
the Travel Bus, as per Amendment
Order of I.A.615/08, dt:-19/9/08
17. Name and address of the insurer
of the vehicle.

: 2nd respondent, R4 is the Insurer

of Travel Bus, as per the Amednment
Order of I.A.615/08,dt:-19/9/08.

18. Has any claim been lodged with

the Owner/insurer of the vehicle
and if so with what result?

No

No

No

21. Whether he is related to for has

know to the defendant and if
so how?

No

22. Name and address of applicants

23. Relationship with the deceased

: Mother of the deceased.

24. Title to the property deceased

: Does not arise.

25. Amount of compensation claimed

: Rs. 6,00,000/- under all heads

19. Whether the person injured was

involved in any road accident
earlier (in case he was details of
the accident should be set out)
20. Whether the person injured had
preferred claim for damages in
any case earlier and if so with
that result?

Shown in cause title.

26. ANY OTHER INFORMATION THAT MAY BE NECESSARY OR

HELPFUL FOR THE DISPOSAL OF THE CLAIM.
The petitioner respectfully submits that the deceased was son of the
petitioner and the deceased was the driver of the Travels Bus and the
deceased was getting Rs.6,000/- per month towards his salary and
contributing his earning upon the petitioner.
While so, the Travels Bus bearing No.AP/9/X/6159 was driven by the
deceased and when the bus reached Hyderabad-Nagarjuna Sagar road, when
it reached rice mill, Yacharam Village, at that time, the lorry of the 1 st
respondent driven by its driver in a rash and negligent manner without
blowing horn and hit the bus and consequently the persons traveling in the
bus sustained injuries and the front of the bus was fully damaged due to the
accident and the deceased driver also sustained multiple injuries alover the
body and immediately he was shifted to Osmania General Hospital,
Hyderabad and died while undergoing treatment.

The accident was reported to Yacharam Police Station and the same
was registered as a case in Cr.No.30/2007 under section 304-A I.P.C. and
police investigated into the case.
Due to the sad and sudden demise of the deceased, the petitioner
being only the legal representative and mother, suffered lot of mental agony
and physical sufferance. The father of the deceased is pre-deceased. The
deceased was the driver who is having driving license bearing
No.DLEAP02724822007 authorized to drive HTV with Badge No.10196,
dt:-22-12-2005 valid up to 25-12-2009.

The deceased was working as

driver in travels bus R-3 at the time of accident. The said vehicle is insured
with the company of R-4. Though there is negligence on the part of the
deceased to avoid all further complications and the point of contributory
negligence, the respondents 3 and 4 are added as parties, as per Amendment
Order of I.A.615/08,dt:-19/9/08. the deceased was hale and healthy prior to
the accident and petitioner lost her husband and she is having hopes only up
on the deceased who only son to her.
No similar application is filed or pending in any Court of law for the
self same relief any where at any point of time.
Hence the petitioner is claiming a compensation of Rs.6,00,000=00
and subsequent interest at 24% per annum from the date of petition till
realization, costs and such other reliefs.
27.

A court fee of Rs.5,360/- is paid on the claim amount of

Rs.6,00,000=00 under Rule 475 of A.P.M.V.Rules by way of challana in

State Bank of India, Ongole to the account of this Hoble Tribunal by way of
High Court Circular.
28. PRAYER:-

The petitioners therefore prays that the Honble Court

may be pleased to pass award in favour of the petitioner and against he

respondents with joint and several liability.

i)

for claim amount of Rs.6,00,000/- [Rupees Six lakhs only];

ii) for subsequent interest at 24% p.a. from the date of petition till realization;
iii) for costs of this petition; and
iv) grant such other reliefs in the interests of justice.

ADVOCATE FOR PETITIONER

PETITIONER

The facts stated above are true to the best of my knowledge, belief and
information.

ONGOLE
Dt:-22-9-2008

PETITIONER

List of Documents Filed

1. Xerox copy of F.I.R

B.A.B
Petitioner

BEFORE THE MOTOR ACCIDENTS

CLAIMS TRIBUNAL.
VIIth ADDL.DISTRICT JUDGE
ONGOLE.
M.V.O.P.No.221/2007

CLAIM APPLICATION FILED

ON BEHALF OF THE
PETITIONER UNDER
SECTION 166 & 167 OF
M.V.ACT.

FILED BY:Sri. B.ADI BABU,

ADVOCATE, ONGOLE.