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Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal.

Format of Affidavit in a Motor Accident Petition under Motor Vehicles Act in an Appeal.

This Affidavit can be used for the appeal filed against order of the Motor Accident Tribunal against Original Petition filed by the Claimant. Party aggrieved by the order of the Tribunal can file appeal with the Higher Court. The appeal should be supported with Original Order of the Tribunal, Affidavit and Completed documents filed with the Original Petition. Sample Format of Affidavit is Given Below: 


IN THE COURT OF ____________ AT ____________

CASE NO. __________ OF 20__



Mr. ____________________                                                            PETITIONER
R/O_____________ OCCUPATION _________


M/s. ___________________ & ORS                                                 RESPONDENTS



I, ___________________ , Son of ___________________ , Resident of ___________________  working as Legal Manager, ___________________, do hereby solemnly affirm and sincerely state as follows:

1. I am the Legal Manager of ___________________  As per the Resolution passed by the Board of Directors of the Company on _____________ I am duly authorised to deal with the case, to sign Petitions and vakalatnama and to give affidavits on behalf of the Company.

2. The above case is filed questioning the Order and Decree passed in Original Petition No ___________________  dated _____ by the Hon'ble Judge, ___________________  as illegal, arbitrary and contrary to law and the same is liable to be set aside for the grounds set out in the Memorandum of Civil Misc. Appeal. It is submitted that the respondents herein as claimants filed O.P.No _________________
claiming compensation of Rs. ______________ on the allegation that one __________ died in the accident on ___________________  due  to rash and negligent driving on the part of the ___________________  Driver. The Petitioner resisted the same by filling counter contending inter-alia that the accident took place due to rash and negligent driving of the deceased's driver of the Truck and  as such denied the liability to pay any compensation.

3. It is submitted that the Tribunal below without proper appreciation of oral and documentary evidence available on record awarded exorbitant amount of Rs _________ against the claim of Rs. ___________________  which is unsustainable and contrary to law and such the same is liable to be set aside. Taking advantage of the erroneous decree passed by the Tribunal below the claimants are proceeding with Execution to realise the compensation and if the entire amount is deposited it is difficult for the Petitioner to realise the same in the event of Petitioner's success before this Hon'ble Court.

4. I further respectfully submit that the Petitioner has got fair chances of success before this Hon'ble Court and the grounds set out in the Memorandum of Appeal may be read as part and parcel of this Affidavit. Hence the decree and order is liable to be stayed.

5. It is also absolutely necessary in the interests of justice that this Hon'ble Court may be pleased to grant stay of all further proceeding including execution in Original Petition No ____ dated _____________ in the Court of Hon'ble ___________Judge  at ___________________ , pending disposal of the C.M.A.


Before Me Solemnly affirmed at ___________ on this ___________  day of ___________________  20____


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