IN THE COURT OF MS. MANJUSHA WADHWA, PO, MACT, PATIALA HOUSE COURT, DELHI Suit No. 222/2019 INTHE MATTER, OF: SH. AVNEESH KUMAR SHARMA ... PETITIONER VERSUS MOHD. ANISH & ORS. ...RESPONDENTS EVIDENCE BY WAY OF AFFIDAVIT OF THE EVIDENCE By Way OE A PETITIONER 1, Avneesh Kumar Sharma aged about 41 years S/o Sh. Omkar Nath Sharma R/o 17, Parmat Vali Gali, Takhan, Dist. Pilibhit, Uttar Pradesh - 262 001, presently at New Delhi, do hereby solemnly affirm and declare as under: 1. That I am the petitioner in the above noted case and fully conversant with the facts and circumstances of the case and competent to swear the present affidavit. 2. That on 16.04.2019 at about 09:00 pm, the deponent who was a practicing Advocate and was working as a Principal Associate in the Chambers of Sh. V.S. Ashok & Sh. Shailendra Singh, Advocates, was going to his residence afier completing the work for the day, on his Motorcycle bearing registration No. UP-26V-5341 on the correct side of the road and in a very careful & cautious manner, and when he was a little before Gandhi Stadium, a Mahindra Car bearing registration No. UK-04P-1009 coming from the opposite direction being driven in a very fast speed and in a very rash and negligent manner, came to the wrong side of the road and dashed the Motorcycle of the deponent, as a result of which, the deponent suffered grievous injuries all over his body including 13 fractures and the Motorcycle of the deponent was completely damaged. The accident was witnessed by number of persons. The Respondent No. | was solely responsible for the accident. Due to the accident, the deponent sustained grievous and severe crush injuries all over his body. That the deponent was immediately taken to District Hospital, Pilibhit where because of the very critical condition of the deponent, he was referred to higher centre and his treatment continued in numerous other hospitals namely Shri Ram Murti Smarak Institute of Medical Sciences, Bareilly; Bhaskar Hospital, Bareilly; and AIIMS, Delhi. That due to the accident, the deponent has incurred. medical expenses on his medical treatment to the tune of Rs, 5,00,000/- and his treatment is continuing till date. That the deponent has been advised further treatment by the Doctors and the estimated cost of future treatment \ would be approx. Rs. 2,00,000/-. However, the chances of improvement of the medical condition of the deponent are very bleak, That the deponent is constrained to use a walker/crutches for walking and also requires an electronic wheelchair for the remainder of his lifetime. That the deponent has been advised for special diet by the doctors and the deponent has incurred expenses forthe special diet to the tune of Rs. 1,00,000/- till date and for conveyance to the tune of Rs. 1,00,000/- till date, That due to the said accident the deponent suffered erievous injuries resulting in permanent disability. That the deponent is unable to do his daily routine without the help of others tll date. That due to the permanent disability, the deponent requires an attendant for his daily needs and has incurred expenses to the tune of Rs. 1,00,000/- for attendant charges till date, That at the time of accident the petitioner was a practicing Advocate who was well known for his skills of advocacy, dedication, sincerity & hardworking nature and was working as a Principal Associate in the Chambers of Sh. V.S. Ashok & Sh. Shailendra Singh, ‘Advocates and was practicing in Uttar Pradesh, Uttarakhand and Delhi and was earning Rs. 30,000/- per month but due to the said accident, the deponent lost the only one source of income and also lost his bright future career. The accident has caused an adverse effect on his future also. ‘That the entire family including the aged parents and siblings of the deponent were dependent on the income \ of the deponent for their livelihood. Due to the accident, \\the entire family of the deponent lost their source of livelihood, The deponent and his entire family are now at the mercy of their relatives. That the deponent was due to get the married in the year 2019, however, due the grievous injuries and permanent disability suffered in the accident, the marriage of the deponent was called aoff and now it is unlikely that with the present medical condition of the deponent, that he will ever be married in future. 9. That this accident occurred due to the rash and negligent driving of the Respondent No. 1 who was driving the offending vehicle rashly and negligently at the time of the accident. 10, That at the time of accident, the Respondent No. | was the driver of the offending vehicle, the Respondent No. 2 was the owner of the offending vehicle and the Respondent No. 3 was the insurer of the offending vehicle. Hence, all the Respondents are jointly and severally liable to pay compensation to the deponent, 11. That the FIR of the aforesaid accident was lodged against the Respondent No. 1 and a criminal case was registered against the Respondent No. 1 ws 279/337/338/427 IPC vide FIR No. 169/19 (PS - Sungadi, Dist. - Pilibhit) and a chargesheet was submitted against the Respondent No. 1. 12. That due to the accident, the deponent suffered mental pain, agony, trauma, loss of amenities, loss of expectation of life, loss of earning during treatment, loss of future earnings, medical expenses, future medical expenses, loss of shelter, loss of dependency, loss of enjoyment, loss of love and affection, loss of general ‘and special damages, loss of present and future prospects, permanent disability, disfigurement, attendant charges, future attendant charges, rich & special diet charges, future special diet charges, conveyance charges, future conveyance charges, physiotherapycharges, future physiotherapy charges, etc. That the deponent claims an amount Rs. 75,00,000/- along with interest at the rate of 24% per annum with cost and expenses of the petition on account of the injuries sustained in the accident. 13. That the present affidavit has been prepared by my counsel under my instructions and the contents of the present affidavit has been explained and read over to me in vernacular language and I have understood the same. The contents of the same are true and correct to the best of my knowledge. 14. Exhibits : i. Copy of the Aadhaar Card of the deponent is exhibited as Ex. PW1/1 (OSR). ii. Copy of the PAN Card of the deponent is exhibited as Ex. PW1/2 (OSR). iii. Copy of the Driving Licence of the deponent is exhibited as Ex. PW1/3 (OSR). iv. Copy of the Registration Certificate of the Motorcycle of the deponent is exhibited as Ex. PW1/4 (OSR). 1 y. Photograph of the offending vehicle is exhibited as Ex. PWL/5 Copy of the educational documents of the deponent are exhibited as Ex. PW1/6 (OSR) (Colly). Copy of the occupation proof of the deponent is exhibited as Ex. PW1/7 (OSR) (Colly). vili, Certified copy of the Injury Report of the deponent is exhibited as Ex. PW1/8.xv. xvii. xviii. xix. Xx. Original medical prescriptions are exhibited as Ex. PW1/9 (Colly). Original medical bills are exhibited as Ex. PWI/10 (Colly). Certified copy of the FIR is exhibited as Ex. PWI/11. Certified copy of the Site Plan is exhibited as Ex. PWI/12. Certified copy of the Bail Application of the Respondent No. 1 is exhibited as Ex. PW1/13. Certified copy of the Bail Order of the Respondent No. 1 is exhibited as Ex. PWI/14. Certified copy of the Release Application of the offending vehicle is exhibited as Ex. PW1/15. Certified copy of the Release Order of the offending vehicle is exhibited as Ex. PW1/16. Certified copy of the Mechanical Inspection Report is exhibited as Ex. PW1/17. Certified copy of the chargesheet is exhibited as Ex. PW1/18. Copy of the Driving Licence of the Respondent No. 1 is exhibited as Ex. PW1/19. Copy of the Registration Certificate of the offending vehicle is exhibited as Ex. PW1/20. Copy of the Insurance Policy of the offending vehicle is exhibited as Ex. PW1/21. Cveae DEPONENT( VERIFICATION [Lo vei at New Delhi on this___ day of thé contents of the Para No. | to 14 of the above affidavit are true = ela “1 and correct to the best of my knowledge and nothing material has | been concealed therefrom. ortee DEPONENT WOR Buntg ime Feet Oath Us tohuar, Naw Dalle - 8 AUG 2022'