In the court of Hon’ble Civil Judge, ______
Civil Suit No. ___ of ____
...............................
S/o ……………………………..
Resi………………………………
………………………………………PLAINTIFF
Versus
1- _________________
2- _________________
…………………………………………………….. DEFENDANTS
SUIT
FOR DAMAGES/COMPENSATION OF RS. _____/-
Sir,
The
plaintiff most respectfully submits as under: –
1-
That the plaintiff is a
resident of above said _____, District ______. The plaintiff is a poor person
and he was looking after his family members by way of running a small ____ at
____ District ____.
2-
That on ____ the ____ of the
complainant namely ____ took ____ of the plaintiff in the fields of the
plaintiff for ____ purpose. At about ____ when the said ____ reached on the
field of the plaintiff just near electricity pole and touch the pole. There was
live current in the said pole and due to touching of the pole and the ____ was
electrocuted and consequently died on the spot. The plaintiff intimated the
defendants regarding the death of the ____ and the same time. On the statement
of the plaintiff the ____ dated ____ was registered in the Police Station ____.
The photocopy of the ____ is Annexure ____. The photocopy of the receipt dated
____ is Annexure ____.
3-
That the officials of the
P.S. ____ visited the spot and they recorded the statement of the plaintiff and
prepared the report. On ____ at about ____ the deceased ____ was medically
examined at ____ Hospital ____ where the Post Mortem Report No. _ dated ____
was prepared by the concerned Medical Officer of the Hospital. The Doctor
clearly mentioned in the PMR that the above said ____ has died to due to
electrocutions. The said ____ was ____. The photocopy of the Post Mortem Report
is Annexure __.
4-
That the plaintiff moved a
complaint dated __ to ____ requesting him to the pay the compensation amount to
the plaintiff. But the defendants did not make the payment of the compensation
to the plaintiff. The photocopy of the application is Annexure __ and photos of
the deceased ___ are Annexure __ to Annexure __.
5-
That due to the negligence
and deficient services of the defendants the above said accident took place and
if the defendants had took care of the electricity Line through their officials
then the said accident might have not taken place. So the plaintiff is entitled
to receive the amount of Rs. ____/-. The plaintiff is also entitled to receive
the total amount of Rs. ____/- as business loss due to closure of ____ and the
amount of Rs. ___/- as litigation expenses. Thus the plaintiff is entitled to
receive the total damages of Rs.___/- from the respondents jointly and
severally alongwith interest @ __% per annum since the date of death of the
said ____ till actual realization of the amount in full.
6-
That cause of action to file
the present suit firstly arose on ___ when the incident took place. The cause
of action further arose on ___ when the plaintiff moved an application before
the defendant No.1 and requested him to make the payment of the compensation to
the plaintiff. The cause of action finally arose on ___ when the defendants
refused to pay any compensation to the plaintiff. Hence this suit.
7-
That the no similar suit has
been previously filed, pending or decided by any court of law on the same
subject matter between the same parties.
8-
That the parties reside at
___ and the cause of action also arose at ____ to file the present suit within
the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble
court has got the jurisdiction to entertain and try the present suit.
9-
That the exact amount of
damages is yet to be assessed by this Hon’ble court therefore, the amount of
court fee may not be assessed at this stage, hence, only the tentative court
fee of Rs. __/- has been paid on the plaint. The plaintiff undertakes that the
proper stamp duty according to the amount of damages awarded by this Hon’ble
court shall be paid by the plaintiff as and when this Hon’ble court would
direct for the same.
PRAYER:
It is, therefore, prayed
that a decree for damages of Rs.____/- may kindly be passed, on the grounds
mentioned above, in favour of the plaintiff and against the defendant alongwith
interest @ __% per annum. The costs of the suit may kindly be granted in favour
of the plaintiff and against the defendant. It is prayed accordingly.
Or
any other relief which this hon’ble court deems fit and proper be granted to
the plaintiff.
PLAINTIFF
Through
counsel:
____,
Advocate, ____
VERIFICATION:
Verified that the
contents of Paras No.1 to 7 of the plaint are true and correct to best of my
knowledge and Paras No. 8 & 9 of the plaint are true to best of my
knowledge and belief and information received by me. Verified at ____ on _____.
PLAINTIFF
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