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MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 3/25 PANKAJ by PANKAJ SHARMA Date: 2024.11.08 13:24:23 +0530 AWARD/JUDGMENT FACTUAL POSITION & PLEADINGS

1. This petition U/s 166 r/w Section 140 of M.V. Act was filed on 20/02/2020 seeking compensation in respect of the death of one Sh. Man Singh S/o Sh. Tejveer Singh (hereinafter referred to as "deceased") due to a motor vehicular accident dated 25/08/2019. As per petition, on 20/05/2018 the deceased Sh. Man Singh met with fatal accident on 25/08/2019 at about 13.20 hrs at Sri Kalahasti Road, Tada Mandal, near Medimix factory SPSR Nellore District Andhra Pradesh when he was hit by a Mahindra & Mahindra Boleroa pick up Van ( Bolera Camper 128 SC XL) Good Carrier (LGV) bearing registration no. TN-20-BR-6201 (hereinafter referred to as "offending vehicle") being rashly and negligently driven by R-1, owned by R-2 and insured with R-3.. It is further stated that as a result of this accident the deceased Sh. Man Singh suffered severe head and body injuries and was taken Government Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the deceased succumbed to the injuries suffered in the accident on 25/08/2019 and postmortem was conducted on 26/08/2019 at Government Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the body was handed over to the relative of the deceased for shifting by Air to Delhi and then Ghar Mukteshwar (Hapur) for performance of his last rites on 27/08/2019. It is further stated that the accident took place due to rash and negligent act of the R-1/ driver who drove the vehicle at a very high speed, rashly,negligently and without caring for the rules of the traffic.As per petition, the deceased was 35 years old and was self employed and was earning Rs.2,00,000/- per month MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 4/25 PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:28 +0530 from his vocation. It is further stated petitioners being the widow, 02 children and parents of the deceased were completely dependent upon the earnings of the deceased. Petitioners seek compensation to the tune of Rs. 2 Crore in respect of the untimely death of deceased in the abovesaid accident. An FIR no. 136/19 PS Tada SPSR, District Nellore, Andhra Pradesh U/s 279/304A IPC was registered in respect of the above accident. R-1 is the driver of the offending vehicle. R-2 is the owner of the offending vehicle and R-3 is the insurer of the same. Notice of this petition was issued to all the respondents.

"Ex. PW-1/1 is copy of FIR No. 136/2019 dated 25.08.2019 u/s. 304A IPC registered by PS Tada, SPSR Nellor Distt (A.P.);
Ex. PW-1/2 is certified copy of chargesheet filed by PS Tada, SPSR Nellore Distt. (A.P.) w.r.t. FIR No. 139/2019;
Ex. PW-1/3 is true copy of Post Mortem Report/Certificate dated 26.08.2019 of Medical Officer, Community Health Centre, Sullerpet, SPSR Nellore Distt. (A.P.);
Ex. PW-1/4(OSR) is copy of No Objection Certificate dated 26.08.2019 issued by PS Tada, MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 6/25 PANKAJ SHARMA SHARMA Date:
2024.11.08 13:24:39 +0530 SPSR Distt. Nellore for shifting the body to native place for cremation;

10. In order to prove the present issue, the petitioners have examined PW-1 Smt. Rajesh,wife of the deceased as PW-1 deposed vide her affidavit Ex. PW1/A, at the relevant date, time and place, the deceased Sh. Man Singh met with fatal accident on 25/08/2019 at about 13.20 hrs at Sri Kalahasti Road, Tada Mandal, near Medimix factory SPSR Nellore District Andhra Pradesh when he was hit by a Mahindra & Mahindra Boleroa pick up Van ( Bolera Camper 128 SC XL) Good Carrier (LGV) bearing registration no. TN-20-BR-6201 (hereinafter referred to as "offending vehicle") being rashly and negligently driven by R-1, owned by R-2 and insured with R-3.. It is further stated that as a result of this accident the deceased Sh. Man Singh suffered severe head and body injuries and was taken Government MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. by PANKAJ signed PANKAJ SHARMA SHARMA Date: