1

IN THE COURT OF THE DISTRICT & SESSIONS JUDGE AT UDUPI

ADDITIONAL M.A.C.T. AT KUDNAPURA
M.V.C.No. /2020
Between:
Basava Thingalaya(41 Years) )
S/o.Krishna Mendon @Kushta Marakala )
R/o.Near Saint Anna Church Thottam )Petitioner
Thenkanidiyuru, Thottam Village& Post )
Brahmavara Taluk, Udupi Dt )
Also R/a.Near Hiriya Poojary House )
Behind Sasthana Garodi, Sasthana )
Airody Village& Post, Brahmavara Tq )
Udupi Dt, )

AND

1. Adarsh.G (22 Years) )

S/o.Gopala Poojary )
R/a. Door No:3-226, Sri Devi Nilaya )
Dohi Thota, Kodi Kanaya Village& Post )
Brahmavara Tq& Udupi Dt ) Respondents
)
2. The United India Insurance Co.Ltd )
Rep by its Present Branch Manager, )
Branch Office, Saligrama Branch )
Mantapa, Srinivasa,Near Bus Stand )
Saligrama, Chithrapadi Village& Post )
Brahmavara Tq, Udupi Dt-576225 )

POLICY No.2405813118P112038859 Valid from 18/12/2018 to 17/12/2019

APPLICATION FILED UNDER SECTION 166 OF INDIAN MOTOR
VEHICLES ACT 1988 AND APPLICATION IN FORM NO. 63 (RULE
232) OF THE KARNATAKA MOTOR VEHICLE RULES 1989.
The petitioner above named begs to submit as follows:
I. I, Basava Thingalaya, Aged 41 Years, permanent resident of above
address, do hereby apply for grant of compensation for the
injuries sustained by me, in a Motor Vehicle Accident.
II. Necessary particulars regarding the vehicles involved in the
accident are furnished herein below.
1.Name and father’s name of the Basava Thingalaya (41Yrs)
claimant S/o.Krishna Mendon @Kushta Marakala
2.Full address of the person injured As detailed in the cause title
3.Age of the person injured 41 years
4.Occupation of the injured person Fishermen
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5.Name and Address of the Self Employment

Employer of the injured
6.Monthly income of the injured
7.Does the person in respect of
whom compensation is claimed
was paying income tax?
8.Place, Date, and time of the
Accident
9.Brief particulars of the accident
Rs.20,000/-
No
NH.66, Near Sasthana Garadi Road,
Sasthana, ,Pandeshwara Village& Post
Brahmavara Tq, Udupi Dt
Date:20/10/2019,Time:07.30PM
In detail in Para III (a)

10.
Name and Address of the police Kota Police Station in Crime No.193/2019
station in whose jurisdiction, the
accident took place was
registered
11.
Was the person in respect whom No
compensation claimed travelling
in the vehicle involved in the
accident?
If so give the name of place of
starting of journey and
destination
12.
Nature of injuries sustained, As detailed in the Wound Certificate
Continuing affect if any of the Enclosed
said injury, whether it caused
permanent disablement?

13.
Name and Address of the 1)Dr.Umesh S.N(Major)
Medical Officer who attended the Consultant Orthopedic Surgeon
injured Mahesh Hospital
Brahamavara Village & Post
Brahmavara Tq, Udupi Dt-576213
14.
Period of treatment and The petitioner was shifted from the spot of
Expenditure incurred thereon the accident to the Mahesh Hospital
Brahmavara in a hired vehicle and was
admitted therein as inpatient from
20/10/2019 to 22/10/2019 for about 2 days
and has already spent a sum of
Rs.3,00,000/- (Rupees Three Lakhs
Only)towards the medical expenses
15.
Registration No,.& type of vehicle Motor Cycle Bearing Vehicle Reg No.KA-
involved in the accident 20-EM-2505
Name and address of the Owner 1st Respondent
16.
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of the vehicle

Name, Policy No. , Insurance 2nd Respondent

17.
particulars and address of the POLICY No.2405813118P112038859 VALID
insurer of the vehicle? FROM 18/12/2018 TO 17/12/2019

Name and address of the Driver 1st Respondent

18.
of the Vehicle
19.
Has any claim been lodged with No
the owner/insurer of the vehicle?
20.
Name and address of the As Detailed in the cause title above
applicant?
21.
Relationship with the injured? Does not arise

22.
Title to the property of the Does not arise
injured?

23.
Amount of Compensation Rs.32,30,000/-
Claimed? And Basis thereof
24.
Whether the report from the Report from the police is annexed and
Police and the report from the report from the registering authority not
Registering Authority have been? annexed as it is not available at present
If so to be annexed? and will be produced during the trail of the
case

25.
Whether the affidavit from the Annexed
Applicant/Witness as per rule
232© are annexed?

26.
Whether documents mentioned Annexed, as detailed in the documents
in Rule 232© are being annexed?
Duly indexed?

27.
Any other information that may
be necessary or helpful in the -
disposal of the claim?
III.
A) That on 20/10/2019 at about 7.30PM the petitioner was
standing near the Sasthana Bus Stop situated nearby the
Sasthana Garadi road at that time a motor cycle bearing
Vehicle Reg.No.KA-20-EM-2505 belonging to the 1 st
Respondent, proceeding from Kota side to Brahmavara side ,
ridden by its rider i.e. 1st Respondent himself, in a very rash and
negligent manner with very high speed without following any of
the traffic rules and having any circumspection and vigil over the
road traffic came to the extreme left side of the said Road and
dashed against the petitioner standing therein , and as a result
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of the said impact the petitioner fell down to the road nearby
and sustained grievous injuries as detailed in the wound
certificate produced herewith.

B) That the accident occurred solely due to the high speed, rash
and negligent and careless riding of the rider of the motor
Cycle(bike) bearing Vehicle Reg.No.KA-20-EM-2505 belonging
to the 1st Respondent, who himself was riding the said motor
Cycle(bike) in a high speed and in a very rash and negligent,
careless manner violating every traffic rules and without
observing the traffic rules and without proper care circumspection
and vigil.

C) That the petitioner was immediately lifted to the Mahesh

Hospital at Brahmavara in a hired vehicle and she was given first
aid therein, and therein he was admitted as an inpatient from
20/10/2019 and was treated for the said injuries sustained by him
in the said accident , his wounds were cleaned, medicated and
bandaged and he was given various treatments and he was
undergone X-Rays and Scanning for the injuries sustained by
him in the said accident and he underwent various surgeries and
X-Rays for the fracture injuries were taken and he was given
various treatments and various clinical evaluations were done for
the said injuries and he was given analgesic antibiotics, and he
underwent various surgeries and implant was implanted and
then he was discharged from the said Mahesh Hospital
Brahmavara on 22/10/2019 hence in overall the petitioner was
admitted for about
2 days in the above said hospital and have taken various
treatments Thus, in all petitioner has spent sum of Rs.3,00,000/-
(Rupees Three Lakhs Only) towards medical expenses. And
still he is under treatment, and the doctors treated him have
suggested him to take constant outpatient treatment and review
along with x-ray and scanning checkups as well as the need
future treatment and surgeries. He may require more than Rs.
40,000/-(Rupees Forty Thousand Only) for his future treatment
and surgeries etc as suggested by his treated doctors.

D) That the petitioner spent a sum of Rs.30,000/-(Rupees

Thirty Thousand Only) towards nursing and attendant charges
and of Rs.30,000/-(Rupees Thirty Thousand Only) towards
food and extra nourishment. That, the petitioner also spent sum
of Rs.30,000/-(Rupees Thirty Thousand Only) towards
conveyance charges.
E) That the petitioner was quite hale and healthy and had a
well built physique at the time of the accident. And was
aged 41 years. He was working as a fishermen in fishing boat at
Malpe of Udupi Taluk and due to the said work he was earning
more than Rs.20,000/- income per month. Due to the accidental
 5

injuries he could not able to attend perform and do his work and
he had stopped doing the said work.
The accidental injuries resulted on the mental anguish of greatly
impaired general health of the petitioner. The
petitioner has undergone heavy pain and sufferings. The injuries
have taken away the amenities of the petitioner. Due to the
accidental injuries the petitioner sustained permanent
disablement. The petitioner has lost prospective hopes in his
career . His treatment is not yet completed. Thus on a prudent
and reasonable estimation the petitioner has sustained
general damages to the tune of Rs.28,00,000/- (Rupees
Twenty Eight Lakhs only) inclusive of damages towards
pain and sufferings, loss of amenities of life, loss of
income, loss of future earnings, loss of future expectations of
life, etc.

IV. Therefore it is prayed that the 1 st respondent as the

owner and the 2nd respondent as the insurer of the motor cycle
bearing Vehicle Reg.No.KA-20-EM-2505 are liable to pay
jointly and severally a sum of Rs.32,30,000/-(Rupees Thirty
Two Lakhs Thirty Thousand Only)towards damages sustained
by the petitioner along with interest at the rate of 12% per
annum from the date of accident till realization.

V. Hence it is prayed that the Honorable Court may be

pleased to pass an award against the respondents for the
following relief’s.
1. Directing them to pay a sum of Rs. Rs.28,00,000/-
28,00,000/-(Rupees Twenty Eight Lakhs
Only) towards the general damages.
2.Directing them to pay a sum of Rs. Rs.3,00,000/-
3,00,000/-(Rupees Three Lakhs Only)
towards medical expenses
3.Directing them to pay a sum of Rs. 30,000/-
Rs.30,000/-(Rupees Thirty Thousand
Only) towards conveyance charges
4.Directing them to pay a sum of Rs. 60,000/-
Rs.30,000/-(Rupees Thirty Thousand
Only) towards food and extra nourishment
& Rs.30,000/-(Rupees Thirty Thousand
Only) towards nursing and attendants
charges
5.Directing them to pay a sum of Rs.40,000/-
Rs.40,000/-(Rupees Forty Thousand
Only) towards future medical treatment
charges
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6.Directing them to pay interest over the

above sum at the rate of 12% p.a. from
the date of the accident till realization & to
pass such other reliefs.
Total Rs.32,30,000/-

Place: Udupi
Date: - -2020 Advocate for the Petitioner Petitioner

I, the above named petitioner do hereby declare that what is

stated herein above are all true and correct to the best of my
knowledge, belief and information.

Place: Udupi
Date: -2020 Petitioner

VERIFICATION
Verified at Kundapura on this …… day of May 2020, that the contents
of the above application are true and correct to my knowledge and
belief.

Kundapura.
Date: - -2020 Petitioner
LIST OF DOCUMENTS FILED ON BEHALF OF PETITIONER
1. True copy of the FIR and complaint.
2. True Copy of the Charge Sheet or Final Report
3. True copy of the Spot mahazar.
4. True copy of the wound certificate
5. True copy of the IMV report.
6. True Copy of the Accident Information Report Register issued by
Brahmavara Police Station in Cr.No.193/2019
7. Notarized copies of the Aadhaar Card & Family Ration Card of the
petitioner

Place: Udupi
Date: - -2020 Advocate for the Petitioner
 7

IN THE COURT OF THE DISTRICT & SESSIONS JUDGE AT UDUPI

ADDITIONAL M.A.C.T. AT KUDNAPURA
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

AFFIDAVIT
I, Basava Thingalaya, aged about 41 years, S/o.Krishna Mendon
Alias Kushta Marakala, residing Near Saint Anns Church Thottam,,
Thenkanidiyuru, Thottam Village & Post, Udupi Taluk, Udupi Dt.. and also
residing at Hiriya Poojary House, Near Sasthana Garadi , Sasthana ,
Airody Village & Post , Brahmavara Tq, Udupi Dt do hereby solemnly affirm
and oath as follows:
1) I say that I am the deponent herein and the petitioner in the
above case

2) I say that, I have filed above petition against Respondents for

compensation of the injury sustained by me in a road traffic
accident.

3) I say that, averments made in the above petition are all true and
correct to the best of knowledge, belief and information.

4) I say that, I have not preferred any claim application or petition

preferred any compensation with regard to the cause of action of
my above said petition or road traffic accident met by me as stated
in my petition
5) I say that, I have duly instructed my counsel to prepare the above
petition and I have signed the same after due verification and
found to be in accordance with my instructions.

6) I say that I have been injured in the above said accident and due
to the same I was unable to walk properly and was under
treatment for a prolonged time period and still my treatment is not
finished and due to the said reason I was unable to engage any
advocate and file the said claim petition in the prescribed time
period of 6 months time from the period of the occurrence of the
said accident as stipulated under the section 166(3) of the
amended MV Act and the said delay caused in filing the same was
 8

not intentional and was not deliberate and was beyond my control
and due to this reason my claim application was not filed within the
said stipulated period and hence I have enclosed the application
for the condonation of delay for the same along with this claim
application and the same may be considered and the delay may
be condoned and my claim application may be allowed and be
admitted in the interest of justice and equity .

7) I say that , other than this application for the claim of

compensation for the accidental injuries , I have not filed any
other application under any acts or under MV act before any court
of MACT tribunals in regard of the said accident.

8) I say that, facts stated herein above are all true and correct.

Place: Udupi
Dated: - -2020 DEPONENT
Identified By Me:-
 9

IN THE COURT OF THE DISTRICT & SESSIONS JUDGE AT UDUPI

ADDITIONAL M.A.C.T. AT KUDNAPURA
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents
LIST OF DOCUMENTS FILED ON BEHALF OF PETITIONER
1. True copy of the FIR and complaint.
2. True Copy of the Charge Sheet of Final Report
3. True copy of the Spot mahazar.
4. True copy of the wound certificate
5. True copy of the IMV report.
6. True Copy of the Accident Information Report Register issued by
Brahmavara Police Station in Cr.No.193/2019
7. Notarized copies of the Aadhaar Card & Family Ration Card of the
petitioner

Place: Udupi
Date: - -2020 Advocate for the Petitioner
 10

IN THE COURT OF THE DISTRICT & SESSIONS JUDGE AT UDUPI

ADDITIONAL M.A.C.T. AT KUDNAPURA
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

PROCESS FEE MEMO/BATTA MEMO

It is submitted that;
The counsel for the Petitioner has paid the process
fee of Rs. 16-00 is herewith. That this Honorable Court may
be pleased to issue Notice to the respondents through RPAD
in the above case.

1. Adarsh.G (22 Years) )

S/o.Gopala Poojary )
R/a. Door No:3-226, Sri Devi Nilaya )……..8.00
Dohi Thota, Kodi Kanaya Village& Post )
Brahmavara Tq& Udupi Dt )
)
2. The United India Insurance Co.Ltd )
Rep by its Present Branch Manager, )
Branch Office, Saligrama Branch )……..8.00
Mantapa, Srinivasa,Near Bus Stand )
Saligrama, Chithrapadi Village& Post )
Brahmavara Tq, Udupi Dt-576225 )

======
Total Rs. 16=00
======

Place: Udupi
Date: - -2020 Advocate for the Petitioner
 11

C.P.C.(100) I.A. NOTICE IN C.M.P.

In the Court of the M.A.C.T at Kundapura
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

To
R1,
Adarsh.G (22 Years)
S/o.Gopala Poojary
R/a. Door No:3-226, Sri Devi Nilaya
Dohi Thota, Kodi Kanaya Village& Post
Brahmavara Tq& Udupi Dt

Whereas the above named...................................................has made

application to this court that …………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………

You are hereby warned to appear in this court in person or by a

pleader duly instructed, on the ………….day of …………20……..
At 11 O’ clock in the forenoon to show cause against the application
falling which the said application will be heard and determined
exparte.

Given under my hand and seal of the Court this ……………….. day of
…………………………….. 2020.

(By order of the court)

Advocate for Petitioner Central Nazir

 12

C.P.C.(100) I.A. NOTICE IN C.M.P.

In the Court of the M.A.C.T at Kundapura
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

To
R2,
The United India Insurance Co.Ltd
Rep by its Present Branch Manager,
Branch Office, Saligrama Branch
Mantapa, Srinivasa,Near Bus Stand
Saligrama, Chithrapadi Village& Post
Brahmavara Tq, Udupi Dt-576225

Whereas the above named...................................................has made

application to this court that ………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………

You are hereby warned to appear in this court in person or by a

pleader duly instructed, on the ………….day of …………20……..
At 11 O’ clock in the forenoon to show cause against the application
falling which the said application will be heard and determined
exparte.

Given under my hand and seal of the Court this ……………….. day of
…………………………….. 2020.

(By order of the court)

Advocate for Petitioner Central Nazir

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IN THE COURT OF THE DISTRICT & SESSIONS

JUDGE AT UDUPI AND ADDL. M.A.C.T AT
KUNDAPURA
M. V. C. No. /2020
Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

INDEX
Sl.No Description Pages C.F. Paid
1) Petition with verification Rs.10/-

2) Affidavith

3) Vakalathnama

4) Process Fee Memo/Batta Memo Rs.16/-

5) IA No /2020 for delay

condonation

6) List Of Documents(Originals)

7) Copy of the Petition(2 sets)

8) List Of Documents(True Copy)

9) True Copy of the Petition

TOTAL Rs.26/-

Place: Kundapura
Date: - -2020
Advocate for the Petitioner
 14

IN THE COURT OF THE DISTRICT & SESSIONS

JUDGE AT UDUPI AND ADDL. M.A.C.T AT
KUNDAPURA
IA.No. /2020
Between :
Basava Thingalaya } -------Applicant
AND
Adarsh.G }
& another } ----- Opponent

Parties in MVC No. /2020

Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Opponents

APPLICATION UNDER SECTION 5 OF LIMITATION ACT

READ WITH 151 OF CPC FILED ON BEHALF OF THE
APPLICANT

For the reasons stated in the annexed Affidavith it is

humbly prayed that the Honourable Court may be pleased to
condone the delay in filing the said claim application and allow
the same in the interest of justice and equity.

Udupi Advocate for the Applicant

- -2020
 15

IN THE COURT OF THE DISTRICT & SESSIONS

JUDGE AT UDUPI AND ADDL. M.A.C.T AT
KUNDAPURA
IA.No. /2020
In MVC No. /2020

Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Opponents

AFFIDAVIT
I, Basava Thingalaya, aged about 41 years, S/o.Krishna Mendon
Alias Kushta Marakala, residing Near Saint Anns Church Thottam,,
Thenkanidiyuru, Thottam Village & Post, Udupi Taluk, Udupi Dt.. and also
residing at Hiriya Poojary House, Near Sasthana Garadi , Sasthana ,
Airody Village & Post , Brahmavara Tq, Udupi Dt do hereby solemnly affirm
and oath as follows:
1) I say that I am the deponent herein and the petitioner in the
above case

2) I say that, I have filed above petition against Respondents for

compensation of the injury sustained by me in a road traffic
accident.

3) I say that, averments made in the above petition are all true and
correct to the best of knowledge, belief and information.

4) I say that , the said accident occurred on 20/10/2019 at about

7.30PM at NH.66 Near Sasthana Garadi Road Airody Village &
Post Brahmavara Tq, Udupi Dt and I have been injured in the
same and it is almost 6 months elapsed to till date from the date
of its occurrence and due to the same I was unable to walk
properly and was under treatment for a prolonged time period and
still my treatment is not finished and thereafter the pandemic the
lockdown was declared by the Government due to COVID-19
Corona Pandemic Disease and due to the same I was not able to
contact my advocate and instruct him and sign my petition and etc

in time and due to the said reason I was unable to engage any
advocate and file the said claim petition in the prescribed time
 16

period of 6 months time from the period of the occurrence of the

said accident as stipulated under the section 166(3) of the
amended MV Act and the said delay caused in filing the same was
not intentional and was not deliberate and was beyond my control
and due to this reason my claim application was not filed within the
said stipulated period and the said delay caused in filing the
same was out of my control and was intentional and hence the and
the same may be considered and the delay may be condoned and
my claim application may be allowed and be admitted in the
interest of justice and equity .

5) I say that , if the said application is not allowed and my claim

application is not allowed it would cause great loss damages and
irreparable loss to me and I would have to suffer due to the same
and if the same is allowed and my claim is admitted and allowed it
would not cause any harm or loss to the opponents and hence it is
humbly prayed that the said application may be allowed and hence
my claim application be allowed in the interest of justice and
equity.

6) I say that, facts stated herein above are all true and correct.

Place: Udupi
Dated: - -2020 DEPONENT
Identified By Me:-
 17

IN THE COURT OF THE DISTRICT & SESSIONS

JUDGE AT UDUPI AND ADDL. M.A.C.T AT
KUNDAPURA
In MVC No. /2020

Between :
Basava Thingalaya } -------Petitioner
AND
Adarsh.G }
& another } ----- Respondents

MEMO
It is submitted most respectfully and humbly that the
Hon’ble Court may be also pleased to consider and
condone the delay during to the lockdown period due to
COVID-19 vide the Order of the Hon’ble Apex Court of
India dated 23-03-2020 in Writ Petition No.03/2020
regarding the condonation of delay and extension of the
limitation from 15-03-2020 till further orders heard
/pronounced by the Hon’ble Apex Court of India in
allowing this application and condoning the delay for the
lockdown period and also in filing this claim petition by the
petitioner due to the same.

Udupi Advocate for the Petitioner

- -2020
 18