IN THE COURT OF THE Ist ADDITIONAL DISTRICT

JUDGE, ONGOLE
M.V.O.P.NO.39/2014
Marche Padma and another

..Petitioners
Vs

Shaik Basha and others

..Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF THE

PETITIONERS (PW-1) U/Or 18 R 4 & Sec.139 C.P.C
I, Marche Parusha Ramulu S/o.Bhuchanna, aged about 30
years,
R/o.Mojarla (V), Peddamandadi (M), Mahaboobnagar District,
do hereby solemnly affirm and sincerely state as follows:I am the deponent herein and 2nd petitioner in the above O.P. The 1st
petitioner is my Wife. I am giving this affidavit on behalf of 1 st petitioner
also.

The above O.P is filed for compensation for the death of my minor

son, who died in a Motor accident.

I

submit

that

originally we are residents of

Mojarla

(V),Peddamandadi (M), Mahaboobnagar District and we

came down to Tangutur Village of Prakasam District to work in BSCPL
Infrastructure Co. Ltd., as a labourers. We are residing on the road side in
the BSCPL Infrastructure co Ltd., Toll Gate work site of Tangutur Village.
While so on, 17-12-2013 at about 06-00 a.m.,, the mother of the
deceased i.e., 1st petitioner herein was doing cooli work at work place, on
NH-5 Toll Gate, Tangutur Village and at about 10-00 a.m., the deceased
came near to 1st petitioner and thereafter at about 10-30 a.m., the 1st
petitioner was removing the waste material near Toll Gate and at that time
the deceased is following the 1st petitioner, as she was crossing the road at
that time, a container lorry bearing no.AP 27 TW 2579 came in a rash and
negligent manner in high speed without blowing horn and without observing
anything on the road, hit the deceased, who was crossing road, and ran over
on the head of the deceased, while proceeding towards Tangutur side from
Ongole side. Due to the accident, the deceased died on the spot. After the
accident, the 1st petitioner gave complaint to the Tangutur P.S. and the same
was registered in Cr.No.182/2013 U/Sec.304-A I.P.C. of Tangutur P.S, and
investigated the case and filed charge sheet against the 1st respondent.
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The accident was occurred solely due to rash and negligent driving of
the driver of container lorry bearing No.AP 27 TW 2579 during the course
of his employment under the 2nd respondent and the same was insured with
the 3rd respondent. By the date of accident, the insurance policy is in force.
Due to death of the deceased we lost our love and affection and we are
suffering with lot of mental agony.

The deceased is the only one

male issue to us.

R-1 is the driver of container lorry bearing No.AP 27 TW 2579, R-2 is
the owner of container lorry bearing No.AP 27 TW 2579 and R-3 is the
insurer of container lorry bearing No.AP 27 TW 2579.

Hence all the

respondents are jointly and severally liable to pay the compensation claimed
by us.
A case was registered in Cr.No.182/2013 u/s.304-A IPC of Tangutur
P.S., Prakasam District.
I am filing documents along with my chief affidavit.
Those documents may be marked as exhibits on my behalf.
Exhibit-A1:-Certified copy of F.I.R. in Cr.No.182/2013 U/s.304-A IPC of
Tangutur P.S Prakasam District.
Exhibit-A2:-Certified copy of Inquest Report relating to the deceased
Marche Srikanth,
Exhibit-A3:-Certified copy of P.M. Certificate relating to the deceased
Marche Srikanth,
Exhibit-A4:-Certified copy of M.V.I.Report,
Exhibit-A5:-Certified copy of Rough Sketch,
Exhibit-A6:-Certified copy of Charge Sheet in C.C.No.4/2014 on the file
of Spl. Mobile Magistrate of 1st Class, Ongole.
Exhibit-A7:-Family Members Certificate.
Hence I pray that the Honble Court may be pleased to pass a decree
and judgment in our favour and against the respondents 1 to 3 with joint and
several liability for compensation of Rs.2,50,000/- with subsequent interest
at 12% p.a. from the date of petition and with costs.
DEPONENT
Solemnly affirmed and affixed him L.T.I before me the contents of the
affidavit is read over and explained in Telugu to the deponent and admitted
him to be correct on this the 24th day of October, 2014.
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V.V.P.K
Petitioners

IN THE COURT OF THE Ist ADDL.

DISTRICT JUDGE :: ONGOLE

M.V.O.P.No.39/2014

CHIEF AFFIDAVIT FILED ON

BEHALF OF THE PETITIONERS
(PW-1) UNDER ORDER 18 R 4 &
139 C.P.C

FILED BY:Sri V.VENKATA PAVAN KUMAR,

ADVOCATE, ONGOLE
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