BEFORE THE MOTOR ACCIDENT CLAIMS

TRIBUNAL
IN THE COURT OF THE 1st ADDL. DISTRICT
JUDGE, ONGOLE
I.A.No.
/2014
M.V.O.P. No.110/2014
Between:Ketha Srinivasa Rao S/o.Koteswara Rao,
Hindu, aged about 32 years,
Tailor, R/o.D.No.22-3-38/2, 3rd line,
Nancharamma Colony,
Kandukur (V) & (M), Prakasam District.

..Petitioner

AND
1. Devarala Narasimha Rao S/o.Kondaiah,
Hindu, aged about 38 years,
R/o.Polinenipalem Village, V.V.Palem Mandal-523116,
Prakasam District,
Driver of Tractor & Trailer b.Nos.AP 27 M 2082 & 2083.
2. Madala China Anjaiah S/o.Veera Swamy,
Aged about 50 years, Hindu,
R/o.Polinenipalem Village, V.V.Palem Mandal-523116,
Prakasam District,
Owner of Tractor & Trailer b.Nos.AP 27 M 2082 & 2083
3. The New India Assurance Co.Ltd.,
Rep.by its Divisional Manager,
Trunk Road, Ongole.

..Respondents

PETITION FILED ON BEHALF OF THE PETITIONER

U/Or 26 RULE 1 & Sec.151 C.P.C
For the reasons stated in the accompanying affidavit, it is
prayed that the Honble Court may be pleased to appoint an
Advocate

Commissioner

(1).Dr.C.Rajasekhara

to

record

Reddy.,

the

Director

evidence
&

of

the

Consultant,

Orthopedic Surgeon, Vijaya Health Centre, Chennai, (or) The

Doctor, Orthopedic Surgeon, Vijaya Health Centre, Chennai,
(2).Dr.N.Chandra

Sekhara

Rao,

M.B.B.S, D.Ortho., RIMS

Hospital, Ongole, (or) The Doctor, Medical Board Member, RIMS

Hospital, Ongole and to submit Report before the Honble Court
for kind perusal and pass such other necessary orders, in the
interest of Justice.
Be pleased to Consider
1

Ongole,
Dt:-18-12-2014.
ADVOCATE FOR
PETITIONER

BEFORE THE MOTOR ACCIDENT CLAIMS

TRIBUNAL
IN THE COURT OF THE 1st ADDL. DISTRICT
JUDGE, ONGOLE
M.V.O.P. No.110/2014
Ketha Srinivasa Rao

..Petitioner
AND

1. Devarala Narasimha Rao and 2 others

..Respondents

AFFIDAVIT FILED UNDER SECTION 139 C.P.C

I, Ketha Srinivasa Rao S/o.Koteswara Rao, indu, aged
about
32
years,Tailor,
R/o.D.No.22-3-38/2,
3rd
line,
Nancharamma Colony, Kandukur (V) & (M), Prakasam District,
do hereby solemnly affirm and sincerely state as follows:I am the deponent herein and sole petitioner in the above
O.P., and I am well acquainted with the facts of the case. I filed
the above O.P., for compensation for the injuries sustained by
me, in a motor accident.
I submit that while so, on 28-07-2010 in the morning
hours, I went to A.P.S.R.T.C. Bus Stand to go to Sirivelle Village
of Kurnool District and due to non availability of buses to go to
Sirivelle Village, I am going to my house on Bicycle belongs to
one Murali and at about 09-30 a.m., when I reached near ATM
of Corporation Bank on Kanigiri Road, Kandukur Town, the 1 st
respondent drove the Tractor bearing No.AP 27 M 2082 with a
Trailer bearing No.AP 27 M 2083 with rash and negligent
manner in high speed without blowing horn, without observing
the vehicular traffic on the road, while coming from
Singarayakonda Village dashed against my back side. Due to
that hit, I fell on the road and sustained grievous injuries all
over my body. Immediately after the accident, I was shifted to
Dr.Kota Reddy Nursing Home, Kandukur for treatment and I had
taken treatment for about 2 days and after first aid treatment,
as per the advice of the doctors in that hospital, I was shifted to
Vijaya Hospital, Chennai for better and expert treatment. Due
to the accident I sustained injury to DL Spine region followed by
severe LBA and inability to move both lower limbs and
2

sustained fracture to my right leg ankle and other injuries etc.

I was joined in Vijaya Health Centre, Chennai as an inpatient on
30-07-2010 and on 2-8-2010 necessary surgeries conducted to
me and I was discharged from the hospital on 17-08-2010 with
advices. In all I spent an amount of Rs.4,00,000/- towards
Ambulance, operation, treatment, nursing, attendance,
nutrition and Medical expenses in Vijaya Health Centre,
Chennai. From there I was admitted in Lalitha Super Specaility
Hospital, Guntur and also taken treatment at Amaravathi
Institute of Medical Sciences, Guntur and Dr.Satyanarayana
Ayurvedic Centre, Ongole and incurred an amount of
Rs.1,00,000/- towards treatment. Again I was admitted as in
patient in Vijaya Hospital, Chennai from 22-11-2010 to
24-11-2010 and I had incurred an amount of Rs.25,000/towards treatment, medicine, transport, accommodation and
other expenses. In all I spent an amount of Rs.5,00,000/towards Ambulance, operation, treatment, nursing, attendance,
nutrition and Medical expenses in Vijaya Hospital, Chennai. Due
to the accident, I was sustained permanent total disability and I
deprived of my earning power.
The above matter posted to for my side evidence. I was
examined as PW-1. I submit that unless and until the Doctors
are examined in my side, I could not able to prove my case at
all. I am advised to file this application seeking the aid and
assistance of this Honble court. There are no willful laches on
my part in not filing the said application earlier.
So, I am advised to file this petition to record the evidence
on my side. I am ready to pay the commissioners fee towards
appointment of commissioner. The above Doctors evidence is
very essential to prove my case.
The matter is posted for further evidence on my side. So, it
is just and necessary to appoint an Advocate Commissioner to
record the evidence of the said Doctors, and to file the
commissioner record before the Honble Court.
Hence I pray that the Honble Court may be pleased to
appoint an Advocate Commissioner, to record the evidence of
(1).Dr.C.Rajasekhara
Reddy.,
Director
&
Consultant,
Orthopedic Surgeon, Vijaya Health Centre, Chennai, (or) The
Doctor, Orthopedic Surgeon, Vijaya Health Centre, Chennai,
(2).Dr.N.Chandra Sekhara Rao, M.B.B.S, D.Ortho., RIMS
Hospital, Ongole, (or) The Doctor, Medical Board Member, RIMS
Hospital, Ongole, and to submit the report before this Honble
Court, or else I will be put to loss and injury.

DEPONENT
Solemnly affirmed and signed 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 18 th day of
December, 2014.
ADVOCATE,
ONGOLE

V.V.P.K
Petitioner

IN THE COURT OF THE 1st

ADDL. DISTRICT JUDGE
::ONGOLE::

I.A.No.

/2014

M.V.O.P.No.110/2014

PETITION FILED ON
BEHALF OF THE
PETITIONER UNDER
ORDER 26 RULE 1 &
Sec.151C.P.C
4

FILED BY:Sri V.V.PAVAN KUMAR,

ADVOCATE, ONGOLE.