Affidavit Format for Motor Accident Claim Appeal

IN THE HIGH COURT OF ____________ AT ____________

MOTOR ACCIDENT CLAIMS APPEAL / M.A.C.A. NO. ____ OF 20__

IN THE MATTER OF:

VERSUS

AFFIDAVIT OF THE APPELLANT / AUTHORISED REPRESENTATIVE

I, ____________________________, aged about ____ years, S/o / D/o / W/o ____________________________, resident of ____________________________, do hereby solemnly affirm and state as follows:

1. I am the Appellant in the accompanying appeal and am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.
2. [Where the appellant is a company/insurer or other juristic entity, use instead:] I am the duly authorised __________________ of the Appellant and have been authorised to institute/prosecute the accompanying proceedings, sign pleadings and swear affidavits on its behalf.
3. The accompanying appeal is directed against the award dated ____________ passed by the learned Motor Accidents Claims Tribunal, __________________, in M.A.C.P. / O.P.(M.V.) / Claim Petition No. ____________ of ____________.
4. The learned Tribunal awarded a sum of ₹____________ together with interest at the rate of ____% per annum and such other directions as are contained in the impugned award.
5. The Appellant is aggrieved by the impugned award on the grounds set out in detail in the accompanying Memorandum of Appeal. The contents and grounds of the Memorandum of Appeal may be read as part of this affidavit to the extent necessary.
6. The Appellant submits that the impugned award is liable to be interfered with, inter alia, on account of the errors of fact and/or law specifically pleaded in the Memorandum of Appeal. The Appellant craves leave to rely upon the pleadings, evidence, documents and records of the proceedings before the learned Tribunal.
7. The appeal is filed within the period prescribed by law. [If there is delay, replace this paragraph with the correct facts and refer to the accompanying application for condonation of delay.]
8. [Use where applicable to an appellant required to pay the award:] The Appellant shall comply with the statutory pre-deposit requirement under the proviso to Section 173(1) of the Motor Vehicles Act, 1988, in the manner directed by this Hon'ble Court.
9. The Respondent(s) may proceed with execution/enforcement of the impugned award during the pendency of the appeal. Unless appropriate interim protection is granted, the Appellant will suffer serious prejudice and the appeal may be rendered ineffective.
10. The Appellant has a substantial and bona fide case in appeal. The balance of convenience is in favour of preserving the subject matter of the appeal, subject to such terms as this Hon'ble Court may consider just.
11. It is therefore just and necessary that this Hon'ble Court be pleased to stay the operation, execution and/or enforcement of the impugned award dated ____________ in M.A.C.P. / O.P.(M.V.) / Claim Petition No. ____________ of ____________, during the pendency of the appeal, subject to such conditions as this Hon'ble Court may impose.

The statements made above are true and correct to my knowledge, information and belief, and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION

Verified at __________________ on this ____ day of __________________, 20__, that the contents of paragraphs 1 to ____ of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT

Solemnly affirmed / sworn before me at __________________ on this ____ day of __________________, 20__.

ADVOCATE / OATH COMMISSIONER / NOTARY, AS APPLICABLE