IN THE COURT OF THE DISTRICT JUDGE AND PRINCIPAL M.A.C.
T, (UK) KARWAR
AT KARWAR
M V C NO. /2017
Sri.Qalimulla S/o Hussianmiya Bankapur
Age: 42Years, Occ: Mason,
R/o Behind Vivekanand High School,
Kodibag, Karwar Taluk,U K District .
Bank details: Indian Bank, Karwar
Bank account no.600846019/ IFSC Code IDIB000K066
Contact no.9900428862 ... Petitioner
Versus
1. Sri. Gurudas S/o Dattaram Bandekar
Age: 50 Years, Occ: Employee, Owner of the Bajaj
KTM motor Cycle bearing registration no.KA30-S 8487
R/o #1233/06, Sai Datta Krupa House
Maruti Galli, Karwar
2.IFFCO-TOKIO General Insurance Co Ltd
Dajiban Peth , Kameri peth, New Hubli,
Hubli -580028
Policy no. 1-ICE7LOL P400 POLICY #28942841
Valid from 12.09. 2017 to 11.09.2018 …Respondents
Petition filed under Sec 166 of Motor Vehicle Act 1988 R/w Rule 232(1)& (2) of
the Karnataka Motor Vehicle Rules,1989
The Petitioners do hereby apply for the grant of compensation on account of
the injury caused in a Motor Accident. Necessary particulars in respect of the
accident are furnished below.
1. Name & father`s name of the : Sri.Kalemulla S/o Hussianmiya Bankapur
Person injured.
2. Full address of the person : Behind Vivekanand High School,
injured Kodibag, Karwar Taluk, (UK district)
3. Age of the person injured : 42 years
4. Occupation of the person : Mason
Injured .
5. Name & address of the employer : -
of the injured if any
6.Monthly income of the person : Rs.25,000/- per month
injured
7. Does the person in respect of : No
Whom compensation claimed
paying income tax.
8. Place ,Date and Time of : NH.66, Near Sagar mastalaya,Karwar
accident 13.09.2017 at 7.00 p.m
9. Name and address of the : Karwar Traffice P S Cr no.44/2017
Jurisdiction the accident took
place.
10.Was the person in respect of : Travelling in Hero Honda motor cycle
whom compensation is claimed bearing no. KA30 R 0465
travelling in the vehicle involved
in the accident?
11.Nature of the injuries sustained : Right knee contusion, late condyle
in the accident. Contusion, right 5th Metacarpal
fracture , injury over the mallet finger
5th ,Right hand swelling & Tender-
ness, Right knee swelling and tender-
ness etc.
12. Name and address of the M.O : Civil Hospital , Karwar & Bombolim
who attended on the injured. Hospital Goa,
13.Period of treatment and the : Underwent treatment for 3 months
expenditure incurred there on. & spent Rs.50,000/- etc.
14.Nature of injuries and whether : Right knee contusion, late condyle
caused disability or not ? Contusion, right 5th Metacarpal
fracture , injury over the mallet
finger 5th ,Right hand swelling &
tenderness, Right knee swelling &
tenderness etc.
15.Registration no and type of the : KTM Bajaj motor Cycle bearing
vehicles involved in the accident registration no. KA30-S8487
Hero Super Splendor bearing
registration no. KA30 R 0465
16. Name and address of the owner : Sri. Gurudas S/o Dattaram Bandekar
Owner of the KTM Bajaj motor cycle
registration no. KA30 S 8487
R/o #1233/06,Sai Datta Krupa House
Maruti Galli, Karwar
17. Name and address of the insurer : Iffco -Tokio General Insurance Co Ltd
of the vehicles. Dajiban Peth , Kameri peth,
New Hubli, Hubballi-580028
18. Name & address of the Petitioner: As shown in the cause title.
19. Relationship with the injured : Self
20. Title to the property : Does not arise
21. Amount of compensation : Rs.5,00,000/-
claimed.
On the fateful day of 13.09.2017 the Petitioner proceeded towards
Karwar from Kodibag in his motor cycle bearing registration no. KA30 R 0465 with
moderate speed and carefully. When he reached near Sagar Mastalaya at 07.00
pm, the driver of the KTM Bajaj motor cycle registration no. KA30 S 8487 coming
from Karwar side came in great speed and negligent manner he came towards his
right side and dashed to his Hero Super Splendor bearing no. KA 30 G 1295. Later
the Petitioner sustained grievous injuries and he has been shifted to the
Bombolim Hospital Goa, as per the Doctor`s advice later Petitioner has been
shifted to Civil Hospital, Karwar and Petitioner taken treatment as an Indoor
Patient .The accident is occurred only due to rash and negligence driving of the
KTM Bajaj motor cycle registration no. KA30 S 8487, owned by the respondent
no.2. There is no negligence on the part of the Petitioner as he riding his Hero
Super Splendor bearing no. KA 30 G 1295 on the extreme left side of the National
Highway.
The Petitioner sustained grievous injuries on his body as per the column
no.14 and wound certificate. The Petitioner is having permanent disability. The
Petitioner incurred/ spent for the medical treatment for about Rs.50,000/- and
for the conveyance Rs.15,000/- the Petitioner has engaged a servant/ attainder
during his treatment. Consequence of this accident the Petitioner has got loss
future income about Rs. 2,00,000/-. The Petitioner is having age old parents and
wife and four children to look after and due to this accident he lost his earnings
for the period of 5 months continuously. Still also he is under the medical
treatment and taking rest at home. The Petitioner says that the accident
happened due to the rash and negligent driving of the driver of the KTM Bajaj
motor cycle registration no. KA30 S 8487. There is no negligence on the part of
the Petitioner. The Respondent no.2 or Respondent no.1 and 2 responsible to pay
compensation to him jointly and severally.
The Petitioner filed complaint against the driver of lorry bearing
registration no. KA30 S 8487. The Petitioner submits that prior to the accident he
was hale and He was working as mason work and talented worker and also he is
having registration from the labour union , so he was doing mason and totally he
was earning is Rs.25,000/- per month ,due to this accident he lost his income
permanently . Now also Petitioner is suffering from heavy pain in the right knee
joint. Thus Petitioner claims Rs.2,00,000/-for the loss of future earnings arisen
due to this unfortunate accident.
The Petitioner claims Rs.50,000/- towards pain and sufferings and
Rs.25,000/- for loss of amenities in life. The Petitioner is a expert and talented
mason worker he use to earn Rs.25,000/- per month due to this unfortunate
accident the Petitioner has taken bed rest and follow up treatment for 5 months
continuously and he has lost his income during the treatment and he was not in a
position to attend his work. Hence he prays for compensation of Rs.1,25,000/- for
laid up period i.e., 5 months. The Petitioner shifted to Bombolim Hospital Goa for
emergency medical treatment and shifted to Civil Hospital , Karwar there he
admitted as indoor patient. Further as per the Doctors advice he has taken CT MRI
at the Hubli Scan Centre Ltd, Hubli. Some of the medical bills are lost by the
Petitioner during the transit. Hence the Petitioner claims Rs.1,00,000/- for
medical expenses(including future medical expenses), conveyance , food and
nourishment , attendant and other incidental charges. Hence global
compensation for 5,00,000/- with 18% interest may be awarded against the
respondents.
Therefore, it is respectfully prays that the Hon’ble court may kindly be
pleased to pass an award the total compensation for Rs.5,00,000/- with 18%
interest in favor of the Petitioner against the Respondents from the date of
accident in the interest of justice and equity.
Karwar
15.11.2017 (Petitioner)
I, Qalimulla S/o Hussianmiya Bankapur, R/o Behind Vivekanand High
School ,Kodibag, Karwar Taluk, (U K) District being the Petitioner do hereby state
that the above contents of the petition are true and correct to the best of my
knowledge , belief and information. In witness where of I have signed here at
Karwar.
Karwar
15.11.2017 (Petitioner)
Presented by me on 15.11.2017
(P B Tandel)
Advocate for the Petitioner
IN THE COURT OF THE DISTRICT JUDGE AND PRINCIPAL M.A.C.T, (UK) KARWAR
AT KARWAR
M V C NO. /2017
Kalemulla S/o Hussianmiya Bankapur versus Gurudas S/o Dattaram Bandekar
INDEX
Sl no Particulars Page nos
1. Petition (Rs.10/- paid) 1-2
2. List of documents 3
3. Documents 4-7
4. Vakalatnama 8
5. Process memo (Rs.13/-Paid) 9
6. Copies in 2 sets 10-13
Karwar
15.11.2017 (P B Tandel)
Advocate for the Petitioner
IN THE COURT OF THE DISTRICT JUDGE AND PRINCIPAL M.A.C.T, (UK) KARWAR
AT KARWAR
M V C NO. /2017
Kalemulla S/o Hussianmiya Bankapur versus Gurudas S/o Dattaram Bandekar
List of documents produced on behalf of the Petitioner
1.Copy of the FIR with complaint dated 13.09.2017
2.Copy of the Discharge Card dated 16.10.2017
Karwar
15.11.2017 (P B Tandel)
Advocate for the Petitioner
