IN THE COURT OF THE FAMILY JUDGE, ONGOLE

M.V.O.P.NO.222/2013
Amruthapudi Balaiah and another

..Petitioners

Vs
A.Srinu and others
..Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF THE

PETITIONERS (PW-1) U/Or 18 R 4 & Sec.139 C.P.C
I, Amruthapudi Balaiah S/o.Late Murthy, aged 41 years, Hindu, resident
of D.No.6-93, S.C. Colony, Elchuru Village, S.Magulur Mandal, Prakasam
District, do hereby solemnly affirm and sincerely state as follows:I am the deponent herein and 1 st petitioner in the above O.P. The 2 nd
petitioner is my wife. I am giving this affidavit on behalf of 2 nd petitioner
also. The above O.P is filed for compensation for the death of my son, who
died in a Motor accident.
I submit that while so on, 05-05-2013 in the night hours, my deceased
son, and one L.China Ankaiah, J.Pitchaiah, N.Hanook, and A.Mozes, came to
D.V.Kondala Rao, Pastors house situated at Addanki from Elchuru Village and
on 05-05-2013 at about 10-30 p.m., the deceased herein and the above said
persons along with D.V.Kondala Rao, boarded the cement lorry bearing No.
AP 16 TB 9577 at Addanki to go to Chennai as a fare paid passengers by
paying an amount of Rs.100/- each one to the 1 st respondent and in the
meantime on 06-05-2013 at about 01-30 a.m., when the lorry after crossing the
Kalikivai cross road, Mulaguntapadu Panchayat, S.Konda Mandal, Prakasam
District, the 1st respondent drove the lorry bearing No.AP 16 TB 9577 with rash
and negligent manner in high speed and lost control over the steering, due to
that, the lorry was turned turtle on the left side road margin. Due to that the
deceased herein and some other persons, who sat on the cement bags on the
above said lorry fell on the road and the cement bags also fell on the deceased
persons and all are sustained bleeding grievous injuries all over their bodies.
Due to that impact the deceased herein and 9 other persons died on the spot and
3 persons sustained grievous injuries. After the accident a case was registered
in Cr.No.64/2013 U/Sec.337, 338 & 304-A I.P.C., and Sec.134, 187 of M.V.Act,
and investigated into. The accident was occurred solely due to rash and
negligent driving of the driver of Lorry bearing No.AP 16 TB 9577, during the
course of his employment under the 2nd respondent and the same was insured
with the 3rd respondent.
We are the dependents on the income of the deceased. I am the father and
2nd petitioner is the mother of the deceased and we are suffering with loss of love
and affection due to immature death of the deceased and we are suffering with
1

starvation after the death of the deceased. We lost our bread winner and also
sustained loss of future earnings of the deceased.
R-1 is the driver of Lorry bearing No.AP 16 TB 9577, R-2 is the Owner
of Lorry bearing No.AP 16 TB 9577, R-3 is the insurer of the Lorry bearing
No.AP 16 TB 9577 and hence all the respondents are jointly and severally liable
to pay the compensation claimed by us.
A case was registered in Cr.No.64/2013 U/Sec.337, 338 & 304-A I.P.C.,
& Sec.134, 187 of M.V.Act of Singarayakonda P.S., Prakasam District.
I am filing documents along with my chief affidavit.
documents may be marked as exhibits on my behalf.

Those

Exhibit-A1:-Certified copy of F.I.R. in Cr.No.64/2013 U/s.337, 338 &

304-A IPC & Sec.134, 187 of M.V.ACT of Singarayakonda
P.S., Prakasam District.
Exhibit-A2:-Certified copy of Inquest Report relating to the deceased
Amruthapudi Ramesh,
Exhibit-A3:-Certified copy of P.M. Certificate relating to the deceased
Amruthapudi Ramesh,
Exhibit-A4:-Certified copy of M.V.I.Report,
Exhibit-A5:-Certified copy of Rough Sketch,
Exhibit-A6:-Certified copy of Charge Sheet in
.No.
/2015 on the file
of Addl. Munisif Magistrate Court, Kandukur.
Exhibit-A7:-Attested copy of 10th Class Marks list relating to the deceased,
Exhibi-A8:-Attested copy of Transfer Certificate for the B.Com (I.T
AMA) Course relating to the deceased, issued by Srimathi Kasu
Raghavamma Brahmananda Reddy College, Narasaraopet.
Exhibit-A9:-Attested copy of Tally Course Certificate, dt.21-11-2011
relating to the deceased issued by Informatics Computer
Institute, Narasaraopet.
Hence I pray that the Honble Court may be pleased to pass a decree
and judgment in our favour and against the respondents with joint and
several liability for compensation of Rs.4,00,000/- with subsequent interest
at 12% p.a. from the date of petition and with costs.

DEPONENT

Solemnly affirmed and signed before me the contents of the affidavit is read
over and explained in Telugu to the deponent and admitted her to be correct
on this the
day of May, 2015.
Advocate, Ongole.

V.V.P
.K
Petitioners

IN THE COURT OF THE FAMILY

JUDGE :: ONGOLE

M.V.O.P.No.222/2013

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