SUIT FOR DAMAGES FOR INJURIES CAUSED BY
NEGLIGENCE ON A RAIL ROAD [CD1] 
IN THE COURT OF THE....................
Suit No..................... of 19....................
C.
D.................................................................... Plaintiff
versus
C.
F................................................................. Defendant
The abovenamed
plaintiff most respectfully submits as under: —
1.
On the.................... day
of.................... 19..................... the defendants were common
carriers of passengers by roadways between.................... and
2.
On that day the plaintiff was a
passenger, in one of the carriages of the defendants on the said roadways, the
bus No. being....................
3.
While he was such a passenger,
at.................... (or near the crossing of .................... or
between.................... and.................... ), a collision occurred on
the said bus by a truck No..................... caused by the negligence and
unskillfulness of the defendants’ servants, whereby the plaintiff was much
injured (having his leg broken, his head cut, and (state the special damage if
any, as), and incurred expense for medical attendance and is permanently
disabled from carrying on his former business as (a salesman), (or thus: 3. On
that day the defendants by their servants so negligently and unskilfully drove
and managed’ their bus at he crossing between .................... and....................
that a truck coming in the right direction of its left, struck to the bus and
the bus in trying to save the collision, struck against the plaintiff,
whereby.................... (add as in para 3).
4.
Cause of action arose within
the jurisdiction of this court on.................... when the bus collided
with the truck aforesaid and caused damage to the plaintiff’s body.
5.
The damages caused to the leg
is assessed to be of Rs................... and to the head of
Rs................... total amount of damages being Rs..................... The
suit is valued as such at Rs..................... and court-fee is paid
thereon.
RELIEF CLAIMED:
The relief
claimed by way of this suit is the payment of Rs..................... as
damages from the defendant to the plaintiff.
Plaintiff
Through Advocate
VERIFICATION
I, abovenamed
plaintiff, do hereby verify that the contents of paras ....................
to.................... of the plaint-are true to my personal knowledge and
those of paras.................... and.................... thereof are based on
legal advice which I believe to be true.
Verified on
this................. day of.................... 19....................
at....................
Plaintiff
LIABILITY OF INSURANCE COMPANY
(SECTION 147)
Under the Motor
Vehicles Act, 1988 an Insurance Policy covering third party risk is not
required to exclude gratuitous passengers in a vehicle no matter that the
vehicle is of any type or class.1
JOINT APPEAL BY INSURER
AND OWNER.
A joint appeal
by insurer and owner is maintainable only if any of the permitted defences is
available to insurer.2
The rights of
the third party to get indemnified can be exercised only against the insurer of
the vehicle.3
WORD "DEATH" —
INTERPRETATION OF
Even though
Motor Vehicles Act has not defined the word "death" the legal
interpretations with reference to word "death" in Workmen’s
Compensation Act will be applicable.4
CALCULATION OF DAMAGES
A mathematical
calculation based only on the amount of salary being drawn could not be the
sole factor to be taken into consideration to style, the claim as, unrealistic,
or ‘exaggerated’ or ‘excessive’.5
1. New India Insurance Co. Ltd. v. Satpal Singh, AIR 2000 SC 238.
2. Chinnama George v. N. K. Raju, AIR 2000 SC 1565.
3. New India Insurance Co. Ltd. v. Rula, AIR 2000 SC 1082.
4. Rita Devi v. New India Insurance Co. Ltd., AIR 2000 SC 1930.
5. Charan Singh v. Healing Fouch Hospital, AIR 2000 SC 3138.
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