for
death due to negligence or physical disability due to negligence of others. The
Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction.
Format
of compensation Petition to be filed before Civil Judge for Accident Claims due
to negligence. Claim by the victim or family or dependent.
Compensation Suit against loss of life
or physical disability can be filed in the Court of Civil Judge with
Jurisdiction to handle the case. Petition can be filed by the victim himself,
dependent or legal heir. Format of Suit for Compensation is given below:
BEFORE
THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT
_________
CIVIL
SUIT NO. __________
OF 20__
IN THE MATTER OF:
Mr. _________
PLAINTIFF New Delhi
VERSUS
1. Mr.
____________ DEFENDANT
NO.1
2. Mr.
____________
DEFENDANT NO. 2
3. ______________
Company Ltd
DEFENDANT NO. 3
POLICE STATION: _______________
SUIT FOR COMPENSATION ON ACCOUNT OF
DEATH BY BUILDING COLLAPSE
MOST
RESPECTFULLY
SHOWETH:
1. Plaintiff
No. 1 is house wife residing at _________________________.
2. That
the husband of the Plaintiff, aged about ___ years, left this world on _____ on
account of negligence by Defendant No. 1.
3. That
Defendant No. 1 is the Owner of the Building, Defendant No. 2 is the Builder
and Defendant No. 3 is the Insurance Company.
3. That
on ______ at about ____ in the areas of _____ Plaintiff and her husband were
moving on foot and going towards ___________ to make purchase of household
goods.
4. That
the Plaintiff and her husband reached near the house being constructed by
Defendant No. 1 at ______________, the building was suddenly collapsed. Husband
of the Plaintiff was buried under debris and was died. The Plaintiff also had
suffered minor injuries.
5. That
the Defendant No. 1 had constructed the house without any barricade to prevent passage
of people through that area and kept the construction area open for movement of
people.
6. That
it was the duty of the Defendant No. 1 and Defendant No. 2 to cover the area
and do construction with necessary preventive measures to prevent public from
entering in the area.
7. That
it was the duty of Defendant No. 1 and Defendant No. 2 doing construction with
standard materials with strong foundation.
8. That
Defendant No. 1 and Defendant No. 2 were duty bound to provide adequate
protection to the passerby.
9. That
the matter was immediately reported to the police and as such criminal case has
also been registered against the Defendant No. 1 and Defendant No. 2.
10. That
the husband of the Plaintiff has lost his life due to negligence or
carelessness on the part of the defendants in the aforesaid manner.
11. That
the Husband of the Plaintiff was running a business of grocery shop and was
earning Rs.______ per month. He had robust health. He was industrious.
12. That
the husband of the Plaintiff was left behind the Plaintiff, two sons and one
daughter. Plaintiff, the three school going children were wholly dependent upon
the deceased.
13. That
the Plaintiff put forth demand for payment of Rs. _________ but the Defendant
No. 1 and his insurance Company Defendant No. 3 has refused to do so or to
settle the matter.
14. That
cause of action has arisen to the Plaintiff on _________ when here husband died
on account of negligence or carelessness on the part of the Defendant No. 1 and
Defendant No. 2 in the aforesaid manner.
15. That
the Valuation of the Suit for the purpose of Court fee and Jurisdiction is Rs.
______________ and Court fee of Rs. ___________ and Court fee of Rs. ______ has
been affixed.
16. That
having regard to the claim of the Plaintiff and the cause of action having arisen
in the area of _______ this Hon'ble Court has jurisdiction to entertain and try
this Suit.
17. In
the facts and circumstances of case mentioned herein above this
Hon'ble
Court may graciously be pleased
to:
P R
A Y E R
That the Plaintiff, therefore, pray that
this Hon'ble Court may pass -
a) A decree for recovery of Rs. _____ in
favour of the Plaintiff and against the Defendant No 1, Defendant No. 2 and
Defendant No. 3 with interest @ __% per annum from the date of accident upto
the filing of this suit, and __% per annum, from the date of decision till
realization till decree amount. b) The Plaintiff be paid their cost from the
defendants.
c) Any other relief, which the Hon'ble court
deems fit, may please be granted to the plaintiff in the interest of justice.
PLAINTIFF
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION[CD2]
I, ____________, the above named
Plaintiff states on solemn affirmation that contents of Para 1 to __ of the
Plaint are true and correct to the best of my knowledge and belief and those of
legal averments are true and correct on the basis of legal advice received and
believed to be true by me.
Verified at ____ on this ______ day of
_____ 20__
PLAINTIFF
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