Suit For Damages Compensation Format [CD1]
SUIT FOR DAMAGES/COMPENSATION OF RS.
_______/-
APPLICATION
UNDER ORDER __ RULE _ READ WITH SECTION ___ OF CPC FOR
PERMISSION TO INSTITTUE THIS SUIT AS FORMA
PAUPERIS/INDIGENT PERSON AND SUIT FOR RECOVERY OF DAMAGES OF RS. _______/-
RESPECTFULLY SHOWETH:
1-
That the applicant /plaintiffs having no
means and individual /independent source of income. They are not possessed of
sufficient means (other than property exempted from the attachment in execution
of the decree and the subject matter of the suit) , to enable them to pay the
advalorem court fee payable on the amount of Rs. _______/- on the plaint i.e.
Rs. ______________.
2-
That on _______ _______ deceased who was
assigned fieldwork in M/s ___________, at ___________, ___________ went to ____
for the work of the company on his vehcle no. _____________. The deceased was
coming back to ___________ after finishing the work at about _____ when the
deceased reached just ahead of __________ there was wind and rain. Suddenly a
hoarding board on which __________ was written which was installed above both
the sides of the road had broken and fell down upon the deceased and his
___________. Due to which _______ and ___________ were pressed under the
hoarding board. Consequently _______ sustained injuries on his head and
abdomen. Vehicle of _______ was also damaged. One person of _______ namely
_______ was coming behind him, who lifted/supported _______ and admitted him in
______________, ___________, where the _________ dated _______ was prepared by
the concerned Doctor. The Doctor conducted the operation of abdomen of _______.
The deceased became very serious and was referred _____________, ________ but
the condition of the deceased was not improved there hence he was admitted in
____________ on ________. The deceased _______ sustained the said injuries due
to the fall of the hoarding board after broken the same. The said accident has
been caused due to the negligence of the defendant No.2 (Mr. ___________
Proprietor/GM/M.D. of _________ of the hoarding board) who is the agent
/contractor of defendant No.1 by installing the same above middle of the road.
On _________ was expired during the treatment at _________, _____–. That upon
the statement of
Shri ________ FIRNO. ____ dated
_________ under section ________ IPC was registered in P.S. __________,
___________. The defendant No.2 had not properly installed the said hoarding
board and due to negligence of the defendant NO.2, the said accident had taken
place. The post mortem of the deceased was conducted by the Medical Officer of
___________, ___________ vide PMR No. ________ dated ________–. the plaintiffs
have spent an amount of approximately Rs. ___________/- on the treatment of the
deceased.
3-
That the ___________ of the deceased _______
was also damaged in the said accident, which was financed and the deceased paid
Rs. ___________/- as down payment at the time of purchasing of the said
___________, paid insurance charge about Rs. _____/-, Rs. ________/- as
registration. That due to the death of ____ of the plaintiffs the installments
were not paid and the possession of the ___________ was taken by the financer
and the plaintiffs have suffered a loss of Rs. _______/- as damages of the
___________ due to the said accident.
4-
That due to the negligence of the respondents
the plaintiffs have lost their earning member of the family and now there is no
earning member in the family of the plaintiffs and they lost their liquidity
and are not possessed a sufficient means other than exemption from the
attachment in execution of a decree and subject matter of the suit to enable
them to pay the court fees prescribed by the law amounting to Rs. __________,
the plaintiffs due to the death of the earning member of the family have come
at the point of starvation.
5-
That the plaintiffs do not own any moveable
or immoveable property belonging to the plaintiffs except within the Schedule
__ enclosed hereto showing the estimated value thereby which has been signed
and verified by the plaintiffs.
6-
That the plaintiffs are indigent persons and
have not within the two months next before the presentation of the petition
disposed off any property fraudulently or to be able to apply for the
permission to sue as an indigent person.
7-
That the plaintiffs never owned any property,
which could enable them to pay the prescribed court fees.
8-
That the plaintiffs have not entered into any
agreement with reference to the subject matter of the proposed suit which in
person has not obtained the interest in such subject matter and the suit of the
plaintiffs which is legal and maintainable.
9-
That the plaintiffs have not done act of
omission which has incapacitated them to pay the court fees and on the other
hand it is because of the respondents as due to the negligence of the
respondent earning member of the family of the plaintiffs has been expired and
the plaintiffs have no assets moveable or immovable to pay the court fees as
such are to be declared as indigent persons incapable of paying the court fees.
PRAYER
It
is, therefore, prayed that the plaintiffs may kindly be declared as indigent persons
the suit of the plaintiffs may kindly be registered and the plaintiffs may
kindly be exempted from paying the court fees of Rs. _________ or any other sum
which is payable on the plaint for the recovery of Rs. _______/- of damages
against the respondents. Dated Plaintiffs –Plaintiffs (in person)
Through
counsel
__________ Advocate, ___________
VERIFICATION
Verified
that the contents of our above application are true and correct to the best of
our knowledge and belief and nothing has been concealed therein. Verified at
___________ Plaintiffs –Applicants
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