IN THE COURT OF THE PRL.

DISTRICT JUDGE, ONGOLE

M.V.O.P.No.388/2016

Potthuri Nagaveni & 3 others .. Petitioners

AND
Srinivaslu K & 2 others .. Respondents

CHIEF AFFIDAVIT FILED ON BEHALF OF THE

PETITIONERS (PW-1) U/Or 18 R 4 & Sec.139 C.P.C
I, Potthuri Nagaveni, W/o. Late Srinivasa Rao, aged about 33 years,
Hindu, Resident of D.No.2-47, Doddavarappadu Village, Maddipadu
Mandal, Prakasam District, do hereby solemnly affirm and sincerely state
as follows:-
I am the deponent herein. The 2nd and 3rd petitioners are being minor
children and represented by me as natural guardian. The 4 th petitioner is
the father of my husband, Potthuri Srinivasa Rao. I am giving this affidavit
on behalf of all the petitioners. The above O.P is filed for compensation for
the death of my husband, Potthuri Srnivasa Rao, who died in a Motor
accident.
I submit that, prior to the accident the deceased had been running
Tractor sales and service show room in the name & style of Sri Balaji
Tractors, College Road, Markapur, Prakasam District. The deceased
used to earn more than Rs.5,00,000/- per annum and he was paid income
tax for an income of Rs.5,02,000/- for the assessment year 2016-2017.
The income earned by the deceased used for the welfare of our family i.e.,
education of the petitioner nos.2 & 3 and family maintenance. The
deceased is prior to the accident is hale and healthy and hard working
person and the deceased is aged 42 years at the time of his death on
28-10-2016.
I further submit that while so on, 25-07-2016 in the morning the
deceased went to bring mineral water from Seetharamapuram Kostalu
after filling mineral water in the can and by putting mineral water on the
back side of the motor cycle with tightening rope and started to go to his
village Doddavarappadu on the way, when he reached Doddavarappadu
cross road at about 7:30 AM and while passing through Zebra line on NH-5

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road and the front wheel of the motor cycle crossed the middle of the road
i.e., the place in between Ongole Vijayawada road and Vijayawada
Ongole road. At that time a car bearing no.AP-26-AF-0826 which is coming
from Vijayawada side towards Ongole side without observing traffic
controller signal point (orange blinking light) came extreme his right side
of the road driven by its driver in a rash and negligent manner with high
speed without blowing horn dashed the rear side of the motor cycle on
which the deceased was going. Due to that hit the deceased fell down from
the motor cycle on the road. Due to the accident the deceased sustained
grievous injuries all over body including major injury to his head. The
persons, who gathered there, shifted the deceased to Sangamitra Hospital,
Ongole for treatment.
The doctors in Neuro Surgery Department in Sangamitra Hospital,
Ongole gave treatment for the head injury for about 5 days after that the
doctors advised to shift the injured to higher center at Chennai. The
hospital authorities in Sangamtira Hospital, Ongole collected an amount
of Rs.2,34,000/- for the treatment, hospitalization and medicines. As per
the advice by the Sangamitra Hospital doctors, the deceased was shifted
to Global Health City, Chennai on 31-07-2016. The doctors in Global
Health Centre conducted operations to the deceased and gave necessary
treatment to the deceased and discharged on 08-09-2016. On 09-09-2016
the deceased was admitted in Nalluri Nursing Home, Ongole and the
doctors of Nulluri Nursing Home gave treatment to the deceased for
about 40 days. Later the survival chances are decreased the doctors
Nulluri Nursing Home discharged the deceased. The hospital authorities
of Nulluri Nursing Home, Ongole collected an amount of Rs.3,00,000/-
towards hospitalization and medicines. After that the deceased was
admitted in Lakshmi Super Specialty Hospital, Ongole after 5 days he was
discharged from the Lakshmi Super Specialty Hospital, Ongole. The
hospital authorities Lakshmi Super Specialty Hospital, Ongole collected
an amount of Rs.25,000/-. Lastly he was admitted in Pinnamaneni
Siddardha Medical College Hospital, Chinnaoutpalli near Vijayawada,
where he was succumbed to injuries on 28-10-2016. The petitioners paid

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an amount of Rs.40,000/- to the Pinnamaneni Siddardha Medical college
Hospital.
We are the dependants on the income of the deceased. I have been
suffering with loss of consortium. The petitioners 2 & 3 are the minor
daughters of the deceased and they lost love and affection due to immature
death of the deceased at their tender age. The 4 th petitioner is put in
constrains even for his maintenance at his old age due to immature death
of the deceased. We lost our love and affection and we lost our bright
future due to immature death of the deceased, and we are suffering with
starvation after the death of the deceased. Were lost our bread winner and
also sustained loss of future earnings of the deceased.
R-1 is the driver of car bearing no.AP-26-AF-0826, R-2 is the Owner
of car bearing no.AP-26-AF-0826, and R-3 is the insurer of the car bearing
no.AP-26-AF-0826. Hence all the respondents are jointly and severally
liable to pay the compensation claimed by us.
A case in Cr.No.104/2016 u/sec.337 & 304-A of IPC was registered for
the accident in S.H.O. Maddipadu 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:-Attested copy of F.I.R. in Cr.No.104/2016 of Maddipadu P.S
Prakasam District U/s.337 I.P.C,
Exhibit-A2:-Attested copy of Alter Memo in Cr.No.104/2016 of Maddipadu
P.S., Prakasam District, altered section of Law from U/s.337 I.P.C
to U/sec.304-A I.P.C.,
Exhibit-A3:-Attested copy of Inquest Report relating to the deceased
Potthuri Srinivasa Rao,
Exhibit-A4:-Attested copy of P.M. Certificate relating to the deceased
Potthuri Srinivasa Rao,
Exhibit-A5:- Attested copy of M.V.I.Report,
Exhibit-A6:- Attested copy of Rough Sketch.
Exhibit-A7:-Attested copy of Charge Sheet in C.C. /2016 U/s.304-A IPC on the
file of Honble SPL. Mobile Magistrate Court, Ongole.
Exhibit-A8:-Discharge Summary (LAMA), dt.30-07-2016 relating to P.Srinivasa
Rao, issued by Sanghamitra Hospital, Ongole,

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Exhibit-A9:-In Patient Final Bill, dt.03-07-2016 for Rs.2,34,270/- relating to
Pothuri Srinivasa Rao, issued by Sanghamitra Hospital, Ongole,
Exhibit-A10:-Bunch of Medical Reports 32 in number relating to the deceased
issued by Sanghamitra Hospital, Ongole,
Exhibit-A11:-Discharge Summary, dt.08-09-2016 relating to Pothuri Srinivasa
Rao, issued by Global Hosptials, Chennai,
Exhibit-A12:-Hospital Bill, for Rs.13,89,340/- relating to Pothuri Srinivasa
Rao, issued by Global Hosptials, Chennai,
Exhibit-A13:-Drugs & Disposables Bill for Rs.10,47,196=26 relating to relating
to Pothuri Srinivasa Rao, issued by Global Hosptials, Chennai,
Exhibit-A14:-Discharge Summary, dt.15-10-2016 relating to relating to Pothuri
Srinivasa Rao, issued by Nalluri Nursing Home, Ongole,
Exhibit-A15:-Consolidated Final Bill for Rs.3,09,698/- relating to Pothuri
Srinivasa Rao, issued by Nalluri Nursing Home, Ongole,
Exhibit-A16:-Discharge Summary, dt.21-10-2016 relating to Pothuri
Srinivasa Rao, issued by Lakshmi Super Speciality Hospital,
Ongole,
Exhibit-A17:-Attested copy of In-Patient Case Sheet, dt.23-10-2016 relating to
Pothuri Srinivasa Rao, issued by Dr.Pinnamaneni Siddhartha
Institute of Medical Sciences, General Hospital, Chinaoutapalli,
Gannavaram (M), Krishna District.
Exhibit-A18:-Patient Bill Details, dt.28-10-2016 for Rs.18,685/- relating to
Pothuri Srinivasa Rao, issued by Dr.Pinnamaneni Siddhartha
Institute of Medical Sciences, General Hospital, Chinaoutapalli,
Gannavaram (M), Krishna District,
Exhibit-A19:-Attested copy of Income Tax Returns for the Assessment Year
2013-14 relating to Sri Balaji Tractors, rep. by its Managing
Partner, Pothuri Srinivasa Rao,
Exhibit-A20:-Attested copy of Income Tax Returns for the Assessment Year
2014-15 relating to Pothuri Srinivasa Rao,
Exhibit-A21:-Attested copy of Income Tax Returns for the Assessment Year
2015-16 relating to Pothuri Srinivasa Rao,
Exhibit-A22:-Attested copy of Income Tax Returns for the Assessment Year
2016-17 relating to Pothuri Srinivasa Rao,

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Exhibit-A23:-Bunch of CT-Scan Films - number relating to deceased, issued
by Global Hosptials, Chennai,
Exhibit-A24:-Bunch of CT-Scan Films - number relating to deceased issued by
Sangamithra Hospitals, Ongole.

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.75,00,000/- with subsequent
interest at 12% p.a. from the date of petition, till the date of realization
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 28th day of June, 2017.
Advocate, Ongole.

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 V.V.P.K
For:-Petitioners

IN THE COURT OF THE PRL.

DISTRICT JUDGE :: ONGOLE

M.V.O.P.No.388/2016

CHIEF AFFIDAVIT FILED ON

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

FILED BY:-
Sri V.V.PAVAN KUMAR
ADVOCATE, ONGOLE