Draft a Plaint in a Suit for Damages in Connection with an Accident in Which A has been Run Over and Injured by A car Belonging to B and Driven By C.

In the Court of the Munsif of Allahabad.

Suit No of 1951

A, son of X, caste Khatri, resident of Katra, Allahabad occupation service, aged 50 years Plaintiff.

v.

B, son of Y, caste Brahmin, resident of Civil Lines, Allahabad, occupation business, aged 40 years Defendant No. 1.

And

C, son of Z, caste Kurmi, resident of Attar Suiya, Allahabad, occupation business, aged 18 years Defendant No. 2.

The plaintiff above-named begs to state as under—

1. That the plaintiff is a foreman in the service of the Leader Press, Allahabad.

2. The defendant No. 1 is the owner of car No. U.P.C. and defendant No. 2 is his driver.

3. That on the 10th April, 1951,- while the plaintiff was returning to his house from the Press at about 6 in the evening and was near the Purshottam Dass Park, defendant No. 2, who was driving the car rashly, took a wrong turn towards the right and in so doing knocked the plaintiff down and overran him by his car.

4. That In consequence of this accident the plaintiff sustained serious injuries inasmuch as he got severe bruises in his right leg and two of his teeth were knocked off. Besides these, there were four contusions on different parts on his body. All this necessitated his stay in the hospital for a month.

5. That the plaintiff has, as a result of the injuries, been permanently incapacitated and has been put to great expense in his treatment. He has had to absent himself from duty on account of these injuries from the 11th of April for which he has lost his salary.

6. That the cause of action for the suit arose on the 10th of April, 1951, when the accident took place.

7. That the accident took place at Allahabad within the jurisdiction of the court.

8. That the valuation of the suit for purposes of jurisdiction and court-fee is Rs, 840.

Relief:

The plaintiff, therefore, prays:

1. That a decree for Rs. 840 be awarded to him Particulars of Special Damages

Expenses on account of medicine Rs. 100

Room rent in the hospital for 30 days Rs. 90

Food and extra nourishment Rs. 100

Loss of salary for two and a half months Rs. 250

Rs. 540

General Damages Rs. 300

Total Rs. 840

2. That interest pendente lie and future be awarded to him.

Verification:

I, A, do verify that the facts stated in paragraphs 1 to 5 of the above plaint are true to my personal knowledge and the contents of paragraphs 6 to 8 are believed by me on information received to be correct. I append my signature to this verification at Allahabad oil the 30th day of June, 1951.

(Sd) A (Plaintiff)

(Sd. S.B. Misra),

Pleader.

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