IN THE COURT OF {SCCH-18} III ADDITIONAL SCJ AND ACMM
AT BENGALURU
M.V.C. NO.: 3279 of 2021
BETWEEN:
Ms. Thanvi T.N. …..PETITIONER/S
AND:
Mr. Akhilesh Antony.
& Anr …..RESPONDENT/S
STATEMENT OF OBJECTIONS FILED BY THE RESPONDENT No. 1.
The Respondent No. 1 respectfully submits as follows: -
1. The address of the Respondent No. 1 for the purpose of service of
notice, summons etc., is as shown in the cause title above as also that
their counsels Shri. Vachan Gowda & Nithin Bhargav, Advocates,
Lakshya Legal, Advocates and Legal Consultants, having office at No.
42, Sakeeth Apartment, D. No. 302, 2 nd Floor, 6th Cross Road, AECS
Layout, RMV 2nd Stage, Sanjay Nagar, Bengaluru.
2. The contents of column Nos. 1 to 7, 8 to 14A of the Claim Petition are
denied by the Respondent No. 1 as not within the knowledge and the
Petitioner is put to strict proof of the same.
3. The contents of the Column Nos. 15 and 16, this Respondent submits
that the Car bearing Registration No. KA 21 P 3332 is insured with
the Respondent No. 2 and the said insurance was/is active as on the
date and time of the said accident. Thus, the Respondent No. 1 is
liable to indemnify this Respondent in the event if an award is passed
by this Honourable Court in favour of the Petitioner. A copy each of the
Certificate of Registration and the Insurance Policy is herewith
produced as Annexure – A and Annexure – B for the kind perusal of
this Honourable Court.
4. The Respondent No. 1 further submits that the Driver of the Car
bearing Registration No. KA 21 P 3332 was holding a valid and
effective Driving License at the time of the accident. A Copy of the
Driving License is produced herewith as Annexure - C
5. The Compensation claimed by the Petitioners of INR 10,00,000/-
(Indian Rupees Ten Lakhs) is highly exorbitant, speculative and
fanciful.
6. The averments made in column No. 22 of the Petition that, Car bearing
Registration No. KA 21 P 3332 was driving in rash and negligent
manner without following any traffic rules & regulations, endangering
the Human life and hit the Petitioner due to which the Petitioner fell
and sustained injuries are denied as False and the Petitioners are put
to the strict proof of the same.
7. Further averments made in Column No. 22 of the Petition that, the
deceased was shifted to Sanjeevini Co-operative Hospital, K.R Puram,
Bangalore and that the Petitioner had sustained Fracture Shaft of Left
Tibia and other injuries, expenses incurred thereon etc., are hereby
denied as false in toto and the Petitioner is put to the strict proof of the
same.
8. All the contents of the Petition are hereby denied as false except where
it is admitted specifically by the Respondent No. 1 and the Petitioner is
put to the strict proof of the same.
9. If the Honourable Court is pleased to award any Compensation to the
Petitioner, the liability to pay the award amount would be on the
Respondent No. 2 who is the insurer of the Car bearing Registration
No. KA 21 P 3332.
WHEREFORE, it is prayed that this Honourable Court be pleased to dismiss
the above petition with cost in the above case in the interest of Justice and
Equity.
VERIFICATION
I, Shri. Akhilesh Antony, the Respondent No. 1 herein, do hereby declare
that what is stated in Para No. 1 to 9 is true and correct to the best of my
knowledge, information and belief.
BENGALURU
DATE: RESPONDENT No. 1
IN THE COURT OF {SCCH-18} III ADDITIONAL SCJ AND ACMM
AT BENGALURU
M.V.C. NO.: 3279 of 2021
BETWEEN:
Ms. Thanvi T.N. …..PETITIONER/S
AND:
Mr. Akhilesh Antony.
& Anr …..RESPONDENT/S
VERIFYING AFFIDAVIT
I, Akhilesh Antony, aged about 31 years, S/o Antony. K. R/at Aniyoor,
Neriya Post & Village, Belthangady Taluk, Dakshina Kannada District –
574228, do hereby solemnly affirm and state on Oath as follows:
1. I submit that, I am the Respondent No. 1 in the above case and I am
aware of the facts and circumstances of this case and as such I am
swearing to this affidavit.
2. I submit that the statements made at Paragraph No. 1 to 9 of the
accompanying Objections are true to the best of my knowledge,
information and belief.
3. I submit that Annexure A to C produced along with the Objections are
true copies of their respective originals.
I, Akhilesh Antony, the Respondent No. 1 herein, do hereby declare that
what is stated above are true and correct to the best of my knowledge,
information and belief.
BENGALURU
DATE: Deponent
Identified by me. Sworn to before me
Advocate