BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ANEKAL
Original Petition (Motor Vehicles) No. /2024
Mrs. Smiti Kumari (32 Years)
Petitioner
W/o Mr. Rohan Kumar and
Mrs. Anu Abraham(23 Years)
Vs
1. The Driver:
Mr. Shaji T M (aged 42)
2. Insurance Company
Kajaj Insurance Company Ltd, Kothnur
Mrs. Smiti Kumari, aged 32 years,
W/o Mr. Rohan Kumar
residing at Flat no.305,
Green Meadows Apartment
JP Nagar
Bangalore
Pin - 560078
Aadhar No. 1818 1717 1818 1717
Account No.1934577329182 : Applicant
1. Mr. Shaji TM aged about 42years,
No. 21, : Owner cum Driver of Vehicle
Bearing
Karunagapalli TATA TRUCK
Kollam Reg No. KA 24 MY 2004
Kerela
Pin-690518
2. Kajaj Insurance Company Ltd :Insurer
VHMM+99G,
Nrupathunga Nagar, Navodaya Nagar,
8th Phase, J. P. Nagar,
Bengaluru, Kothnur,
Karnataka 560078
APPLICATION FOR COMPENSATION FILED UNDER SECTION 166 OF
THE M.V.ACT READ WITH RULE 232 OF THE KARNATAKA
MOTOR VEHICLE RULES 1989
I, Smiti Kumari, aged 32 years, W/o Lt. Mr.Rohan Kumar, residing at Flat no.305,Green
Meadows Apartment, JP Nagar, Bangalore Pin - 560078, having been injured in Motor
Vehicle accident hereby apply for the grand of compensation for the personal injuries caused
to my Husband and a passenger Ms. Anu Abraham by the motor accident occurred on
12.01.2024 at 07.15 PM at National Highway 44, near Chandapura Market Circle,
approximately 500 meters before the flyover
NECESSARY PARTICULATRS IN RESPECT OF THE INJURED
VEHICLE ETC ARE GIVEN BELOW:
I, Smiti Kumari, aged 32 years, S/o , W/o Lt. Mr.Rohan Kumar
, residing at Flat no.305,Green Meadows Apartment, JP Nagar,
Bangalore Pin - 560078, hereby apply as a legal
representative/agent for the grant of compensation on account of injury
sustained by Rohan Kumar and Ms. Anu Abraham, was injured in a motor vehicle accident.
ADVOCATE(S):
P.PRANEETTHVIDUN ; B.A.LL.B (Hons)
1. Name and father's name of the person 1. Mr. Rohan Kumar S/O Mohan Kumar
injured / dead (Husband's name in the case of 2. Ms. Anu Abraham D/O George Abraham
married women and Widow)
2. Full address of the person injured/dead 1.residing at Flat no.305,
Green Meadows Apartment
JP Nagar
Bangalore
Pin – 560078
2.Currently studying in Provident Law college ,
Neeladari Nagar
Electronic City
Bangalore
Pin-560100
3. Age and date of birth of the person injured / 1.aged 35 years
dead (to be supported by documentary date of birth : 05.11.1990
evidence, if available)
2.Aged 23years
Date of birth :27.8.2002
4. Occupation of the person injured/dead 1.Uber Cab Driver
2.Law Student
5. Name and address of the Employer of the Uber Technolgies,Inc,Veer Sandra, Electronic City,
deceased, if any Bengaluru, Karnataka 560100
6. 1) 75,000/-
Monthly income of the person injured/dead 2)Nil
and extent of dependency on the deceased of
the applicant
7. Does the person in respect of whom Nil
compensation is claimed paid income tax? If
so, state the amount of income tax (to be
supported by documentary evidence)
8.
Place, date and time of accident Chandapura Market Circle on 12.01.2024 at
07.15 PM
9. Name and address of the Police Station in Anekal Police Station FIR No. 014/024
whose jurisdiction the accident took place or
was registered
10. whom compensation is claimed Was the Yes,The drive started from Fibre law college near
person in respect of traveling by the vehicle Hosur Road on the way to Provident Law
involved of place of starting of journey and College,Neeladari Nagar .
destination
11. Nature of injuries sustained 1. Death
2. Ms. Anu Abraham ,a passenger seating at
the back sustained Severe fractures to the
left leg, leading to its amputation. She also
sustained multiple
bruises and internal injuries.
12 Name and address of the Medical officer/ 1. Dr. Vardhese PS
Petitioner, if any, who attended on the Government Medical College Hospital,
injured/dead Bangalore
2.Dr. Prisha Sharma,
Provident Hospital, Bangalore
13 Period of treatment and expenditure if any Immediately after the accident the injured
incurred thereon (to be supported by was taken to Provident Hospital, Bangalore and
documentary evidence) she was treated as inpatient from 12.01.2024 to
15.01.2024.
14 Disability for work, if any, caused Chances of having a Permanent Disability is
about 70%
15 Registration number and type of vehicle
involved in the Accident 1. KA 27 MY 1996 Car
2. KA 24 MY 2004 Tata Truck
16. Name and address of the owner of the Mr. Shaji TM , aged about 42 years, S/o Shajab,
vehicle No. 21, Karunagappally, Kollam, Kerala.
Pin -690518
17. Name and address of the insurer of the Insured with Sun Insurance Company under
vehicle policy number SUN35/2014,H-19, Ground Floor,
Jewel Arcade, Layam Rd, Marine Drive, Kochi,
Ernakulam, Kerala 682011
18. Policy Particulars of the vehicle or vehicles Registration Number: KA 24 MY 2004
involved, if available
19. Name and address of the driver of the Mr. Shaji TM , aged about 42 years, S/o Shajab,
vehicle No. 21, Karunagappally, Kollam, Kerala.
Pin -690518
20. DL. No. KL46743190678453620 Driver of
Details of driving licence of the driver or vehicle bearing No.KL-40-F-5344
drivers of the vehicle/vehicles involved, if
available.
21. Has any claim been lodged with the Owner Yes, No response
or insurer? If so, with what Result
22. Has any other claim been lodged in any No
other forum in respect of the same cause
action? If so, with what result?
23. Name and address of the applicant Smiti Kumari, aged 32 years, W/o Lt. Mr.Rohan
Kumar, residing at Flat no.305,Green Meadows
Apartment, JP Nagar, Bangalore Pin - 560078
24. Relationship with the injured Wife of Deceased Mr. Rohan Kumar ,no direct
relation with Ms. Anu Abraham
25. Title of property of injured N.A.
26. Amount of compensation claimed Rs. 1,76,83,000 only
27. Particulars of loss and expenses Details in Schedule below.
28 Other particulars if any, which the applicant Furnished column No.32
wishes to give.
(a) Loss of earnings because of death of deceased 1)Rs. 1,44,00,000
2) Nil
(b) Partial loss of earnings from......... to......... 1)Nil
2)Nil
(c) Transport expenses 1)Rs. 8,000
2)Rs. 10,000
(d) Extra Nourishment 1)Nil
2)Rs. 5,00,000
(e) Damage to clothing and articles 1)Rs.5,000.00
2) Rs. 5,000.00
(f) Others
(i) Medical expenses 1)Nil
2) Rs.6,00,000.00
(ii) Loss of amenities and Enjoyment in life 1)Nil
2)Rs.5,00,000.00
Rs. 1,55,33,000
Total
PART I
PART II
(i) Compensation for pain and suffering 1) Rs. 8,00,000
2)Rs.6,00,000.00
(j) Compensation for continuing and permanent Rs.7,00,000.00
disability ,if any
(k) Compensation for loss of earning power Rs. 50,000.00
Total Rs. 21,50,000.00
Grand Total Rs. 1,76,83,000.00
Claim Limited To Rs..1,00,00,00. 00
C/F payable U/S 232 of KMV Rules 1989 Rs.400
Additional C/F Nil.
Total Court fees Rs.400
29 (i) Whether the injured, deceased had been NA
involved in any other road accident earlier (in
case he was, state details)
(ii) Whether the injured/deceased had preferred a
claim for damages in any case earlier; and if so NA
with what result ?
(iii) Whether the injured/deceased had preferred a NA
claim from the owner of the vehicle; and if so
how?
30. Whether any application has been preferred by NIL
any other legal heirs on the same claim? If so
state details.
31. Has any application been filed by any other NIL
injured in respect of the same accident? If so,
state details, if available.
32 .Any other information that may be necessary Details given below
or helpful in disposal of the claim
On the evening of January 12, 2024, a catastrophic road accident occurred on National
Highway 44 near Chandapura Market Circle, Karnataka. A Maruti Swift Dzire car, bearing
registration number KA 27 MY 1996, collided with a Tata truck, registration KA 24 MY
2004.
The impact was severe, tragically resulting in the death of Mr. Rohan Kumar, the driver of the
car. The passenger, Ms. Anu Abraham, a final-year law student at Provident Law College,
suffered a grievous injury leading to the amputation of her left leg.
Eyewitness accounts and preliminary police investigations indicate that the truck driver, Mr.
Shaji T M, was driving at an excessive speed and recklessly overtook another vehicle, leading
to the head-on collision with the Maruti Swift. Mr. Rohan Kumar was following traffic
regulations and driving at a moderate speed.
The 1st respondent is the owner as well as driver of the vehicle. Since the accident had arisen
in the course of employment the 1st respondent is vicariously liable. The 1st respondent
insured by the 2nd respondent by the above mentioned insurance policy which was alive at
the time of accident. So all the respondents are jointly and severally liable for the amount
claimed, according to the terms and conditions of policy. The claim amount is value for
Rs.1,76,83,000/- and C/F at comes to Rs.400 More over as per section 11 of Karnataka Court
Fees and Suit Valuation Act
Hence it is humbly prayed that this Hon'ble Tribunal may be pleased to pass an award for
compensation of Rs.1,76,83,000/- with the cost and interest at the rate of 12% per annum
from the date of petition till its realization.
I, Smiti Kumari, aged 32 years, W/o Lt. Mr.Rohan Kumar, residing at Flat no.305,Green
Meadows Apartment, JP Nagar, Bangalore Pin - 560078, do hereby declare that what is stated
above are true and correct to the best of my knowledge information and belief and the same
to be true.
Dated this the 26th day of March 2024
CLAIMANT: Smiti Kumari
ADVOCATE:
P.PRANEETTHVIDUN ; B.A.LL.B (Hons)
LIST OF DOCUMENTS
1. Copy of Adhaar Card of the Petitioner (2 Nos).
2. Copy of Passbook of the Petitioner.
3. Copy of the FIR.
4. Copy of the Scene Mahazar.
5. Copy of the accident register Cum Wound Certificate from Samaritan Hospital,
Pazhanganad
6. Copy of the AMVI Report of vehicle bearing No. KL-40-F-5##4 - Car.
7. Copy of the AMVI Report of vehicle bearing No. KL-40-M-9##5-scooter.
ADVOCATE:
P.PRANEETTHVIDUN ; B.A.LL.B (Hons)
