Mact Matter

IN THE COURT OF DISTRICT JUDGE
CUM MOTOR ACCIDNET CLAIM TRIBUNAL, PATNA
Claim Case No- /2021
IN THE MATTER OF AN APPLICATION
U/S 166 OF MOTOR VEHICLE ACT, 1988
Read with Rule 226 of Bihar Motor Vehicle Rules, 1992
AND
1. RUNA DEVI, aged about 38 years, W/O Sanju Manjhi, R/O Yarpur,
Musarhy, P.S. Gardanibagh, Patna.
…Aunt of Deceased
Vs.
1. Patna Municipal Corporation, Patna.
… Owner of offending vehicle
2. __________________________
…Insurer company of offending vehicle

The Applicant is hereby legally authorized as legal representative for
the grant of compensation on the account of death of Shiva Kumar,
aged about 9 years, S/O _________ who died in motor vehicle accident.
Necessary Particulars in respect of deceased, vehicle, etc are given below.
1. Name and Father Name of the deceased person.

2. Has any claim been lodged against owner? No.
If so with what result?
3. Full address of the deceased.
4. Age of the deceased person.
5. Occupation of the deceased person. Garbage Picker
If any.
6. Name and address of the employer of the
deceased. If any.
7. Monthly income of the deceased. Rs. 10,000/-
8. Does the person in respect of whom
compensation is claimed pays income tax?
9. Place, Date and Time of the accident.
10.Name and Address of the jurisdictional police Gandhi Maidan Traffic Police
station, where the accident occurred. Station
11.Was the person against whom compensation is No.
claimed was travelling from the same vehicle
involved in accident? If so, give the name of
place of commencement of journey.
12.Nature of injury sustained and continuing Death
effect. If any.
13.Name and address of the medical officer who
attended the deceased.
14.Period of treatment and expenditure if any
incurred thereon.
15.Registration no. and type of vehicle involved in
the accident.
16.Name and address of the owner of the vehicle Municipal Corporation, Patna.
involved in accident.
17.Name and address of Insurer Company of the
vehicle.
18.Name and address of the applicant.
19.Relation of applicant with deceased.
20.Title of the property of the deceased.
21.Amount of the compensation claimed. Rs. 80,000/-
22. Brief Facts of the Case.
i. That on 28.09.2021, at around 9:00 AM, the deceased left his house
to collect garbage, for searching of his livelihood and for his
parent. After sometimes, the deceased reached to the Gardanibagh
garbage dump in order to collect plastic bottles from the garbage
dump.
ii. That a garbage dumping truck belonging to Municipal Corporation,
Patna, came in Gardanibagh Garbage Dump(herein referred as
truck) to dump the garbage and hit the deceased from behind
resulting in severe injuries, while he was collecting plastic bottles.
iii. That the drive of the truck was reckless and negligent, and he was
driving carelessly, resulting in loss of life of a person which
affected the life of others as well.
iv. That local public brought the deceased to the PMCH Hospital after
the accident, but the deceased did not managed to survive due to
severe injuries caused in accident by the reckless truck driver.
v. That in this regards the Aunt of the deceased recorded her
statement against the truck driver in Gandhimaidan Traffic Police
Station, resulted in registration of FIR in Gandhimaidan Traffic
Police Station, vide case no- 120/2021, while his parents were
grieving, because they lost their child and an earning memer of
their family.
vi. That the deceased usually earned Rs. 10,000 per month from
collecting garbage, because the deceased was very hard working
and responsible towards his family.
vii. That particulars mentioned above are sufficient to adjudicate the
case. However it is pertinent to mention here that the deceased was
hard working, and most of his family expenses were being covered
by his earning.
viii. That the family of the deceased has suffered from a massive
irreparable loss, and for which the applicant is entitled for the
compensation under the aforesaid facts and circumstances.
23.That according to National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16
SCC 680, Hon’ble Supreme Court allowed the following heads, to
calculate compensation in case of motor vehicle accidents, and therefore
calculation of compensation has been done on the said basis:
Heads Amount of Compensation

Loss of income and future prospects. Rs. 27,540/-
Funeral Expenses Rs. 2000/-
Loss of Estate Rs. 2500/-
Medical Expenses Rs. 15,000/-
Transport Charges Rs. 5000/-
Attendant Charges Rs. 500/-
Pain and Suffering Rs. 25,000/-
Total Amount Rs. 77,540/-
Round Figure: Rs. 80,000/-
It is therefore prayed that your

lordship may be pleased to admit
this claim petition and direct the
defendants whoever liable to pay
Rs.___________ as compensation
to the claimant along with
appropriate interest from the date
of filing of this claim petition.
And for this Claimant shall ever pray.

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IN THE COURT OF DISTRICT JUDGE

CUM MOTOR ACCIDNET CLAIM TRIBUNAL, PATNA

Claim Case No- /2021

IN THE MATTER OF AN APPLICATION

U/S 166 OF MOTOR VEHICLE ACT, 1988

Read with Rule 226 of Bihar Motor Vehicle Rules, 1992

1. Patna Municipal Corporation, Patna.

… Owner of offending vehicle

…Insurer company of offending vehicle

Necessary Particulars in respect of deceased, vehicle, etc are given below.

1. Name and Father Name of the deceased person.

22. Brief Facts of the Case.

Heads Amount of Compensation

It is therefore prayed that your

And for this Claimant shall ever pray.

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