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MOTOR VEHICLE COMPENSATION





IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL AT COIMBATORE



MAC No:_______ of 2008



Petitioner

Versus



Respondents

Petition Under Section 166 of the Motor Vehicles Act for the Grant of Compensation to the Petitioner on Account of Damage to his _________



Respectfully Sheweth:

I, , the above named petitioner, do hereby apply for the grant of compensation loss/damage sustained to my property described as _____ by use of Motor Vehicle of the respondent No. ______. The necessary particulars of the _____ in question are given as under:-

1. Name and father's name of the claimant: Same as given in memo of parties above.

2. Full address of the property: Resident of : _______

3. Age of the injured: _______ Years.

4. Occupation of the injured: _______ presently

5. Name and address of the deceased/injured : Resident: _______

6. Did the person in whose respect compensation is claimed pay income tax : ______-_Yes/No

7. Monthly income : Rs. _______

8. Place, date and time of accident : Accident took place at _______

9. Name of police station : PS : _______

10. Was the person in whose respect the compensation is claimed traveling in the bus and if so than the place of start of journey & destination: The person in whose respect the compensation is being claimed was traveling in the _______

11. Nature of the loss/injury sustained by the property: The _______

12. Name and address of the person who attended/visited the property: _______

13. Period of treatment and expenditure: The injured/deceased remained under treatment from _______

14. Registration and type of vehicle involved in the accident:

Regn No. _______ 15. Name of the insurer: Not known. _______

16. Has any claim been lodged with the insurer : _________Not known.

17. Name and address of the owner of the vehicles: Same as given in memo of parties above.

18. Name and address of the applicant: Same as given in memo of parties above.

19. Relation with the deceased/injured : The petitioner _______

20. Title to the property : The _______

21. Amount of compensation: - Injury _______ - Love & Affection _______ - Medical Expenses _______ - Damages _______ - Pain & mental Agonies _______ - Loss of Marital Bliss _______ Total ______________

22. Any other information which may be necessary for the disposal of the claim: The ________

23. Reasons or grounds for late submission of claim application on which condonation of delay is claimed. The claim application is within the period of limitation.

24. Cause of Accident with brief description : The accident took place due to rash and negligent driving of the driver of the vehicle. __ It is, therefore, respectfully prayed that the petition may kindly be allowed and the petitioner may kindly be awarded compensation amounting to Rs. _____ as ____ and interest thereon @18% per annum till payment against all the respondents jointly and severally.

Coimbatore

Petitioner

_______

Through, Advocate

Verification:



I, the above named deponent do hereby verify that the contents of this affidavit of mine are true and correct to the best of my knowledge and belief.

Verified at Coimbatore this the -- day of ._______ Petitioner

IN THE COURT OF MOTOR ACCIDENTS CLAIMS TRIBUNAL AT COIMBATORE



Petitioner

Versus



Respondents

Application Under Section 140 of The Motor Vehicles Act For Compensation On Account Of No Fault Liability



Respectfully Sheweth :

1. That the petitioner hereinabove has filed an application under the Motor Vehicle Act in this Hon'ble Court, hearing/final disposal whereof will take some time.

2. That it is apparent from perusal of grounds and documents attached therewith that the petitioner has prima facie a very good case in his favour and the petition is bound to succeed.

3. That the balance of convenience is clearly in favour of making of an interim order granting a sum of Rs. _____ 50,000/- on account of No Fault Liability to the petitioner pending disposal of the petition.

4. That interest of justice demands that the respondents are directed to deposit and pay a sum of Rs. _____ 50,000/- to the petitioner as admittedly the _____death/permanent disablement has been occasioned by the use of the vehicle of the respondents and the same is amply evident from the perusal of grounds of petition and the documents attached therewith.

5. It is, therefore, most humbly prayed that this application may kindly be allowed and the respondents be directed to deposit and pay a sum of Rs. _____ 50,000/- to the petitioner under the Act on account of No Fault Liability in interest of justice.

FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

Coimbatore

Petitioner

______

Through, Advocate

IN THE COURT OF MOTOR ACCIDENTS CLAIMS TRIBUNAL AT COIMBATORE



MAC No.: ______ of 2008



Petitioner

Versus



Respondents

Affidavit in support of Application under Section 140 of the Motor Vehicles Act



I,______, do hereby solemnly affirm and declare as under :-

1. That the accompanying application has been prepared under my instructions.

2. That the contents of paras 1 to 5 of the accompanying application are correct and true to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.

Affirmed at Coimbatore this the ______.

Deponent

In the above noted suit every summons, notice & other order may be served on me on the address given above during the pendency of the suit. Change of Address will be intimated to the Court.

Dated : ______

Plaintiff/Petitioner

Defendant/Respdt

Through, Advocate

PROCESS FEE

In the Court of : Motor Accidents Claims Tribunal at Coimbatore



______Versus ______



Claim : Accident Claim

______

Petitioner For the service of respondents:-

Advocate

Received on ______ Court-fee stamp of the value of Rs. ____ with ____ copies in

case No. __ of 2001 in



Re. ______ Vs ______ .



Signature of the Head Notice Writer

Under Order 7 Rule 13 (1) CPC

List of documents filed by Plaintiff

In the Court of : Motor Accidents Claims Tribunal at Coimbatore



______ Versus ______



Date Of Hearing: ______ Suit for : Claim

Date of Production :______

S.No Details, Date What is If documents If Rejected Documents Intended Filed what is then the to be the Exh marked date of Proved from on it return of Documents

To prove petitioner's case

1. FIR

2. Postmortem Report ______

3. School Leaving Certificate ______

4. Income Certificate ______

Date: ______

Counsel for Plaintiff/Defendant

List of Document Relied Upon

Under Order 7 Rule 14 CPC Filed by : ______







In the Court of : Motor Accidents Claims Tribunal at Coimbatore



______ Versus ______



Suit : Claim Petition Date of hearing:

----------------------------------------------------------------

1. Have you produced any Yes Sir, as per list. documents with the plaint so, what are those document.

2. Do you wish to produce any more Yes sir, if required. documents which are in your possession and custody if so, what are those documents.

3. Do wish to relay upon any Yes sir, later on from other documents, if so in various authorities.

whose possession they are and

what are those documents.

-----------------------------------------------------------

Counsel for

Dated : ______



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