Delhi District Court
Raghav Singh vs Ajay Kumar Page 1 Of 18 on 10 May, 2019
Raghav Singh vs Ajay Kumar Page 1 of 18
IN THE COURT OF SH. AMIT BANSAL, PRESIDING OFFICER, MOTOR
ACCIDENT CLAIMS TRIBUNAL, NORTH WEST DISTRICT, ROHINI
COURTS, DELHI
New No.59917
UNIQUE ID No. : DLNW010074312017
Sh. Raghav Singh S/o Sh. Radhika Prasad
R/o H. No. 11, Parmanand Chowk, Swarg Ashram
Near Radio Colony, Delhi
........ Petitioner/claimant
Vs.
1. Sh. Ajay Kumar S/o Sh. Meha Chand
R/o H. No. 249, Village Baprola, Delhi.
.....(Driver/R1 )
2. Sh. Onkar Singh
R/o Oberoi Maidens Hotel, Sham Nath Marg, Delhi.
....(Owner/R2 )
3.United India Insurance Company Ltd.
D2, 1st Floor, Kamla Nagar Chowk, Delhi.
....(Insurance co/R3)
..... Respondents
Other details
DATE OF INSTITUTION : 10.02.2011
DATE OF RESERVING JUDGMENT : 01.05.2019
DATE OF PRONOUNCEMENT : 10.05.2019
FORM - V
1. COMPLIANCE OF THE PROVISIONS OF THE MODIFIED CLAIMS
TRIBUNAL AGREED PROCEDURE TO BE MENTIONED IN THE
AWARD AS PER FORMAT REFERRED IN THE ORDER PASSED BY
THE HON'BLE DELHI HIGH COURT IN FAO 842/2003 RAJESH
TYAGI Vs. JAIBIR SINGH & ORS. VIDE ORDER DATED 07.12.2018.
Raghav Singh vs Ajay Kumar Page 1 of18
Raghav Singh vs Ajay Kumar Page 2 of 18
1. Date of the accident 18.11.2010
2. Date of intimation of the accident by the 10.02.2011
investigating officer to the Claims Tribunal
(Clause 2)
3. Date of intimation of the accident by the 10.02.2011
investigating officer to the insurance company.
(Clause 2)
4. Date of filing of Report under section 173 Not mentioned in the
Cr.P.C. before the Metropolitan Magistrate DAR
(Clause 10)
5. Date of filing of Detailed Accident Information 10.02.2011
Report (DAR) by the investigating Officer before
Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 10.02.2011
Company (Clause 11)20.11.2012
7. Date of service of DAR on the claimant (s). 10.02.2011
(Clause 11)
8. Whether DAR was complete in all respects? Yes.
(Clause 16)
9. If not, whether deficiencies in the DAR removed N/A
later on?
10. Whether the police has verified the documents Yes.
filed with DAR? (Clause 4)
11. Whether there was any delay or deficiency on N/A
the part of the Investigating Officer? If so,
whether any action/direction warranted?
12. Date of appointment of the Designated Officer 10.02.2011
by the insurance Company. (Clause20)
13. Name, address and contact number of the Sh. R.P. Mathur,
Designated Officer of the Insurance Company. Advocate
(Clause 20)
14. Whether the designated Officer of the Insurance No.
Company submitted his report within 30 days of
the DAR? (Clause 20).
15. Whether the insurance company admitted the No.
liability? If so, whether the Designated Officer of
the insurance company fairly computed the
compensation in accordance with law. (Clause
23)
16. Whether there was any delay or deficiency on N/A
the part of the Designated Officer of the
Raghav Singh vs Ajay Kumar Page 2 of18
Raghav Singh vs Ajay Kumar Page 3 of 18
Insurance Company? If so, whether any
action/direction warranted?
17. Date of response of the claimant (s) to the offer Legal offer not filed
of the Insurance Company .(Clause 24)
18. Date of the Award 10.05.2019
19. Whether the award was passed with the consent No
of the parties? (Clause 22)
20. Whether the claimant(s) were directed to open Yes
saving bank account(s) near their place of
residence? (Clause 18)
21. Date of order by which claimant(s) were 04.05.2018
directed to open saving bank account (s) near
his place of residence and produce PAN Card
and Aadhar Card and the direction to the bank
not issue any cheque book/debit card to the
claimant(s) and make an endorsement to this
effect on the passbook(s). (Clause 18)
22. Date on which the claimant (s) produced the 28.11.2018
passbook of their saving bank account near the
place of their residence along with the
endorsement, PAN Card and Aadhar Card?
(Clause 18)
23. Permanent Residential Address of the As mentioned above
Claimant(s) (Clause 27)
24. Details of saving bank account(s) of the Petitioner Sh.
claimant(s) and the address of the bank with Raghav savings bank
IFSC Code (Clause 27) a/c No.
2925101020545
with Canara Bank,
Burari branch, Delhi
IFSC : CNRB0002925
25. Whether the claimant(s) saving bank account(s) Yes
is near his place of residence? (Clause 27)
26. Whether the claimant(s) were examined at the Yes
time of passing of the award to ascertain
his/their financial condition. (Clause 27)
27. Account number/CIF No, MICR number, IFSC 86143654123,
Code, name and branch of the bank of the 110002427,
Claims Tribunal in which the award amount is to SBIN0010323, SBI,
be deposited/transferred. (in terms of order Rohini Courts, Delhi
dated 18.01.2018 of Hon'ble Delhi High Court in
FAO 842/2003 Rajesh Tyagi vs Jaibir Singh.
Raghav Singh vs Ajay Kumar Page 3 of18
Raghav Singh vs Ajay Kumar Page 4 of 18
JUDGMENT
1. The Detailed Accident Report (hereinafter referred to as DAR) was filed in this case on 10.02.2011 with reference to FIR No.411/10 U/s 279/337 IPC PS Mukherjee Nagar and subsequent charge sheet u/s 279/337/338/304A IPC r/w Section 185 M.V. Act which was filed in respect of injuries sustained by the petitioner/ Sh. Raghav Singh. The ld. Predecessor of this court vide order dated 10.02.2011 treated the same as petition u/s 166(4) of the Motor Vehicles Act, 1988(hereinafter referred to as M.V. Act).
2. The facts mentioned in the DAR/file are that on 1811.2010 at about 10:50 pm, Sh. Raghav (hereinafter referred to as "injured/petitioner) was going towards Village Dhirpur from his work place at BBM Depot on scooter bearing no. DL8SL7067 along with his two colleagues namely Jagdish Sisodia (deceased in connected file of MACT NO. 49977/16) who was driving the above said scooter and Mr. Manjeet Rathi {injured (since expired) in connected file of MACT No. 598/17}. When they reached at main road in front of BBM Depot, then one Tavera bearing registration no. DL1YB1091 (hereinafter referred to as "offending vehicle) which was being driven by its driver/R1 at a high speed, rashly and negligently came from Mukherjee Nagar side and hit the scooter on which petitioner was pillion rider. Due to the said accident, petitioner sustained simple injuries. Petitioner was admitted in LNJP hospital where MLC no. 198735 dt. 18.11.2010 was prepared by the doctors.
3. R1/ Ajay Kumar and R2/ Sh. Onkar Singh who were the driver and owner respectively of the offending vehicle have filed a joint written statement (lying in connected case file of LR's of Jagdish Sisodia vs Ajay Kumar, MACT No. 4997716) wherein they have submitted that the accident was not caused due to the fault and negligence of R1. It was stated that R1 was having a valid driving licence and the offending vehicle was duly insured with R3. It was submitted that in order to extort money, the claimants have falsely implicated R1 and the accident had never taken place due to the fault of negligent driving of R1. It was further submitted that there was triple riding on the scooter, Raghav Singh vs Ajay Kumar Page 4 of18 Raghav Singh vs Ajay Kumar Page 5 of 18 Jagdish Sisodia (deceased) was driving the scooter in a zig zag manner, Jagdish Sisodia was drunk and suddenly rammed the vehicle in the offending vehicle.
As per record, R1 and R2 were ultimately proceeded against exparte vide order dated 04.05.2018.
4. R3/ United India Insurance Co. Ltd has filed its written statement (lying in connected case file of LR's of Jagdish Sisodia vs Ajay Kumar, MACT No. 4997716) wherein it was stated that Jagdish Sisodia (deceased) was driving the scooter with two other pillion riders in violation of M.V. Act. It was further mentioned that there was a divider on the road where the accident had taken place, there was no cut in that divider in front of DTC BBM Depot and the deceased driver of the scooter after coming out from the depot with the said two pillion rider turned the scooter on right hand side instead of left side for going on the other side of the road. It was submitted that the deceased chose the wrong side of the road and R1 was driving the offending vehicle on the correct side of the road. It was submitted that the accident took place only due to sole rash and negligent driving of the deceased driver of two wheeler scooter and that there was no negligence on the part of R1. It was submitted that there is a cut in divider after some distance in left of the gate of the DTC depot BBM for taking Uturn for the other side of the road but the deceased chose wrong side of the road. It was submitted that the offending vehicle was insured with it at the relevant time i.e. 18.11.2010 vide policy no. 0404023110P001059667 valid from 20.09.2010 to 19.09.2011 in the name of R2.
5. From the pleadings of the parties, the following issues were framed by the ld. Predecessor of this court vide order dated 06.10.2012 (in connected case file of LR's of Jagdish Sisodia vs Ajay Kumar, MACT No. 49977
16): (1) Whether on 18.11.2010 at about 10:15 pm, at Banda Bahadur Marg, BBM Depot, main road, Delhi, one Tavera bearing Raghav Singh vs Ajay Kumar Page 5 of18 Raghav Singh vs Ajay Kumar Page 6 of 18 registration no. DL1YB1091 which was being driven rashly and negligently by Ajay Kumar/R1 hit the Scooter No. DL8SL7067 being driven by Jagdish Sisodia and caused his death and injuries to Manjeet Rathi and Raghav Singh i.e. pillion riders on the scooter ?
(2). Whether petitioners are entitled to compensation, if so, to what amount and from whom?
(3). Relief.
It is pertinent to note that there are three connected matters relating to the same accident titled as LR's of Jagdish Sisodia vs Ajay Kumar MACT No. 4997716, Manjeet Rathi vs Ajay Kumar, MACT No. 598/17 and Raghav Singh vs Ajay Kumar MACT No. 599 17 (present file). Vide order dated 04.05.2018, all the said three connected files were consolidated for the purpose of evidence with LR's of Jagdish Sisodia's file being the main file. It was also directed that the evidence would be read in all the files. It is pertinent to note that the testimony of Raghav Singh and Manjeet Rathi who were the injured eye witnesses were recorded in files MACT no. 59917 (present file) & 59817 respectively and said testimonies can also be read in all files. It was further an admitted position that the documents of all the files can also be read in any file as they arise out of the same accident.
6. Petitioner/Sh. Raghav Singh has been examined as PW4.
The record would show that respondents have not examined any witness in support of their case.
7. I have heard the arguments addressed on behalf of ld counsel for petitioners and ld counsel for insurance co/R3. Now, I proceed to discuss the issues in the succeeding paragraphs.
Raghav Singh vs Ajay Kumar Page 6 of18 Raghav Singh vs Ajay Kumar Page 7 of 18
8. Issue wise findings are as under: ISSUES NO. 1 The onus to prove this issue beyond preponderance of probabilities is upon the petitioner.
Sh. Raghav Singh has been examined as PW4. PW4 has filed and proved his evidence by way of affidavit as Ex. PW4/A. The copy of his Election ID card has been proved as Ex. PW4/1, DAR filed by the IO has been proved as Ex. PW4/2 and two original medical bills are Ex. PW4/3.
PW4/petitioner Raghav Singh deposed that he is one of the injured and eye witness of the case accident. He deposed that on 18.11.2010 at about 10:15 pm, he along with Jagdish Sisodia (deceased) and Manjeet Rathi (injured, since expired) were going towards village Dhirpur from their work place BBM depot on the above said scooter. He deposed when they reached at main road in front of BBM depot, the offending vehicle which was coming from Mukherjee Nagar side and was being driven by its driver at a very high speed, rashly, negligently and without giving any horn hit the scooter due to which he sustained grievous injuries all over his body. He deposed that he was admitted at LNJP hospital where his MLC No. 198735 dt. 18.11.2010 was prepared by the doctors.
PW4 was not cross examined by R1 and R2 despite opportunity given and his cross examination by R1 and R2 was nil, opportunity given. In the said circumstances, R1 shall be deemed to admit the above said testimony of PW4 to the effect that the case accident was caused on the above said date, time and place due to the rash and negligent driving of the offending vehicle by R1 whereby he sustained injuries.
PW4 was also cross examined by ld counsel for R3/Insurance co. wherein he admitted that at the time of accident, he along with two other persons were travelling on a two wheeler scooter and that the deceased Sh. Jagdish Sisodia was driving the said scooter. He admitted that they took a right turn while coming out of the depot. He denied the suggestions that there Raghav Singh vs Ajay Kumar Page 7 of18 Raghav Singh vs Ajay Kumar Page 8 of 18 was a divider on the road where the accident had taken place or that there was no cut on the road for going on the other side of the road or that deceased Jagdish Sisodia was driving the two wheeler scooter on the wrong side of the road or that the case accident occurred due to negligence or fault of the deceased. He admitted that the offending vehicle was being driven in the right (correct) direction. He admitted that they were triple riding on the two wheeler scooter at the time of accident. He admitted that they were on the side of the Depot only at the time of accident. He denied the suggestion that as they were triple riding on the said two wheeler scooter, therefore, the driver of the scooter could not control it or that therefore, the accident occurred or that there was no negligence on the part of R1.
Mr.Manjeet Singh @ Manjeet Rathi was also examined as PW3 in the connected case of MACT no. 59817. Vide order dated 04.05.2018 in the present file MACT No. 4997716, it was mentioned that the record would show that inadvertently the witness namely Manjeet Singh @ Manjeet Rathi has been examined as PW2 instead of PW3 and he be read as PW3.
PW3 Manjeet Singh @ Manjeet Rathi who is also an eye witness in this case has deposed on the lines of PW4 Raghav Singh regarding the happening of case accident. He was also not cross examined by ld counsel for R1 and R2 and his cross examination by them was also nil, opportunity given.
In cross examination by ld counsel for R3/insurance co., R3 admitted that on the day of accident, they were three persons riding on the scooter and that as per law only one person can sit with driver on the scooter and that the vehicles are used to left side road driving. He deposed that only he and the deceased were wearing the helmets. He admitted that the offending vehicle was coming on its left side of the road on its correct side.
The copy of criminal case record as part of DAR would show the mechanical inspection reports of the vehicles nos. DL1YB1091 (Tavera) and LML Scooter no. DL8SL7067 both showing fresh damages. The seizure Raghav Singh vs Ajay Kumar Page 8 of18 Raghav Singh vs Ajay Kumar Page 9 of 18 memo of both the said vehicles is also part of the DAR. The seizure memo of driving licence R1 and the necessary documents including RC, insurance policy, permit and fitness certificate of the offending vehicle is also part of the DAR. Said documents and copy of driving licence of R1 are also part of DAR. Further, it has not been denied by any respondents that the said two vehicles were not involved in the case accident. It is also an admitted position that the offending vehicle at the relevant time was being driven by R1 and the above said scooter was being driven by deceased Jagdish Sisodia at the time of accident. As discussed above, R1 and R2 have not cross examined the eye witness/injured persons i.e. PW3 & PW4 and hence, R1 and R2 shall be deemed to admit that the case accident occurred between the offending vehicle being driven by R1 and the above said scooter being driven by the deceased Jagdish Sisodia at the above said date, time and place and that R1 was driving the offending vehicle in a rash and negligent manner.
Issue no.1 is decided in favour of petitioner and against the respondents to the effect that the case accident was caused at the above said date, time and place due to the rash and negligent driving of R1 of the offending vehicle whereby petitioner sustained injuries.
Issue no. 1 is accordingly decided in favour of the petitioner and against the respondents.
9. Issue No. (2) In view of findings on issue no.1, the petitioner is entitled to compensation.
Petitioner has filed his evidence by way of affidavit as Ex. PW4/A. He deposed that due to the accident, he sustained grievous injuries on all over his body. He deposed that he was removed to LNJP hospital, Delhi where his MLC No. 198735 dated 18.11.2010 was prepared.
Accordingly, the petitioner is entitled to following compensation: A Medical Expenses.
As per MLC of LNJP hospital on record, the petitioner sustained only simple injuries. The petitioner has proved the medical bills Ex. PW4/3 (colly).
Raghav Singh vs Ajay Kumar Page 9 of18 Raghav Singh vs Ajay Kumar Page 10 of 18 The total of the said bills comes to Rs.1167/. Therefore, Rs. 1167/ are granted to the petitioner under this head.
B. Special Diet and conveyance PW4/petitioner deposed that he had incurred about Rs. 20,000/ on special diet and Rs. 10,000/ on conveyance.
During cross examination as conducted on behalf of insurance co/R3, he deposed that he had not filed any documentary proof regarding expenses of Rs. 10,000/ on conveyance and Rs. 20,000/ on special diet. He denied the suggestion that he had not spent any amount on treatment, special diet and conveyance charges etc. Petitioner has neither examined any witness to prove the expenditure on special diet and conveyance nor proved any bill in that regard.
As per MLC of LNJP hospital on record, the petitioner sustained only simple injuries.
In view of above discussion and taking the probable period of treatment for about 1 month, a lump sum amount of Rs. 5,000/ is granted under the said head.
C. Attendant Charges Petitioner has neither examined any witness to prove the expenditure on attendant charges nor proved any bill in that regard.
As per MLC of LNJP hospital on record, the petitioner sustained only simple injuries.
Keeping in view of the above said injuries, it is evident that the petitioner must have required the services of an attendant. In view of above said discussion and taking the probable period of treatment for about 1 month, a lump sum amount of Rs. 5,000/ is granted under the said head. D. Pain and Suffering As per MLC of LNJP hospital on record, the petitioner sustained only simple injuries.
In view of the said discussion, above mentioned simple injuries suffered by him and taking the probable period of treatment for about 1 months, a lump Raghav Singh vs Ajay Kumar Page 10 of18 Raghav Singh vs Ajay Kumar Page 11 of 18 sum amount of Rs. 5,000/ is granted under the said head. E. Loss of Income/leave Petitioner has deposed that he was employed with DTC BBM depot as Assistant Fitter and was earning approx. Rs. 24,159/ per month at the time of accident. The salary slip of the petitioner for the month of October 2010 which is the part of DAR mentions his total salary as Rs. 24,159.89/.
The petitioner/PW4 did not depose anywhere in Ex. PW4/A that he suffered any financial loss in his service due to the injuries sustained by him in the case accident. He also did not depose that he had to take any leave due to the case accident. He has in fact not examined any witness from his office to prove that he had to take any leave due to the injuries sustained in the accident or that he suffered any financial loss etc. in his service due to it.
As per MLC of LNJP hospital on record, the petitioner sustained only simple injuries.
In view of said facts, the petitioner is not entitled to any amount under the said head.
10. Accordingly, the over all compensation which is to be awarded to the petitioner thus comes to Rs.16,167/ which is tabulated as below: Sl. No Compensation Award amount
1. Pain and suffering Rs. 5,000/ 2 Special diet & Conveyance Rs. 5,000/
3. Attendant Charges Rs 5,000/
4. Medical Expenses Rs. 1167/
5. Loss of income Nil.
Total Rs. 16,167/
Rounded of to Rs. 16,500/
( Rupees Sixteen Thousand Five hundred only)
The claimant/petitioner is also entitled to interest @ 9% per annum from the date of filing of DAR/petition i.e. w.e.f 10.02.2011 till Raghav Singh vs Ajay Kumar Page 11 of18 Raghav Singh vs Ajay Kumar Page 12 of 18 realisation of the compensation amount. The said interest @ 9% p.a. was awarded on the award amount by the Hon'ble Apex Court in case Municipal Corporation of Delhi vs. Association of Victims of Uphaar Tragedy, 2012 ACJ 48 (SC) .
The amount of interim award, if any, shall however be deducted from the above amount, if the same has already been paid to the petitioner.
11. Liability The MLC of R1 would show that smell of alcohol in his breath was positive. The record would further show that police has filed the charge sheet against him inter alia u/s 185 M.V. Act.
It has however not been proved on record that R1 had consumed alcohol beyond permissible limits at the time of accident.
In the case in hand, the United India Insurance co./R3 has not lead any evidence and has not been able to show anything on record that R1 who was the driver of the offending vehicle was not having any valid driving licence to drive the offending vehicle or that the permit of offending vehicle was not valid and as per settled law. Since the offending vehicle was duly insured with the insurance company/R3, hence R3 is liable to pay the entire compensation amount to the petitioner as per law.
Accordingly, in the case in hand, in terms of order dated 16.05.2017 of Hon'ble High Court by Hon'ble Mr. Justice J.R. Midha in case of Rajesh Tyagi Vs. Jaibir Singh and Ors., United India Insurance co./R3 is directed to deposit the awarded amount of Rs. 16,500/ within 30 days from today within the jurisdiction of this Tribunal i.e. State Bank of India, Rohini Courts Branch, Delhi alongwith interest at the rate of 9 % per annum from the date of filing of the petition till notice of deposition of the awarded amount to be given by R3 to the petitioner and his advocate and to show or deposit the receipt of the acknowledgement with the Nazir as per rules. R3 is further directed to deposit the awarded amount in the above said bank by means of cheque drawn in the name of above said bank alongwith the name Raghav Singh vs Ajay Kumar Page 12 of18 Raghav Singh vs Ajay Kumar Page 13 of 18 of the claimant mentioned therein. The said bank is further directed to keep the said amount in fixed deposit in its own name till the claimant approaches the bank for disbursement, so that the awarded amount starts earning interest from the date of clearance of the cheque.
APPORTIONMENT
12. Statement of petitioner in terms of clause 29 MCTAP had already been recorded on 28.11.2018. I have heard the petitioner and ld. counsel for the petitioner/claimant regarding financial needs of the injured/petitioner and in view of the judgment in the case of General Manager, Kerala State Road Transport Corporation Vs. Susamma Thomas & Others, 1994 (2) SC, 1631, for appropriate investments to safeguard the amount from being frittered away by the beneficiaries owing to their ignorance, illiteracy and being susceptible to exploitation, following arrangements are hereby ordered: Further, an amount of Rs. 5,000/ be released to petitioner in cash in his saving bank a/c no. 2925101020545 with Canara Bank, Burari branch, Delhi i.e. the branch near his place of residence as mentioned in his statement recorded under clause 29 MCTAP with necessary endorsement regarding no cheque book and debit card in terms of orders of Hon'ble Mr. Justice J.R. Midha in FAO No. 842/2013 dated 15.12.2017 and 18.01.2018 and remaining amount be kept in 2 FDRs of equal amount for a period of one month to 2 months respectively with cumulative interest without the facility of advance, loan and premature withdrawal without the prior permission of the Tribunal.
It shall be subject to the following further conditions and directions in terms of order dated 07.12.2018 of Hon'ble Mr. Justice J.R. Midha in case of Rajesh Tyagi vs Jaibir Singh, FAO 842/2003 with respect to fixed deposits :
(a) The bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the victim i.e. the saving bank account(s) of the claimant(s) shall be individual savings Raghav Singh vs Ajay Kumar Page 13 of18 Raghav Singh vs Ajay Kumar Page 14 of 18 account(s) and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant/(s) near the place of their residence.
(d) The maturity amount of the FDR(s) be credited by Electronic Clearing System (ECS) in the saving bank account of the claimant(s) near the place of their residence i.e. above said a/c.
(e) No loan, advance or withdrawal or premature discharge be allowed on the fixed deposits without permission of the court.
(f) The concerned Bank shall not to issue any cheque book and/or debit card to claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card(s) freeze the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank.
(g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect, that no cheque book and/or debit card have been issued and shall not be issued without the permission of the court and claimant(s) shall produce the passbook with the necessary endorsement before the court on the next date fixed for compliance.
(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the pass book(s) of the claimant(s) is sufficient compliance of clause (g) above.
13. Relief United India Insurance co./R3 is directed to deposit the award amount of Rs. 16,500/ with interest @ 9% per annum from the date of filing Raghav Singh vs Ajay Kumar Page 14 of18 Raghav Singh vs Ajay Kumar Page 15 of 18 of DAR/petition i.e. 10.02.2011 till realization within the jurisdiction of this Tribunal i.e. SBI , Rohini Court Branch, Delhi within 30 days from today under intimation of deposition of the awarded amount to be given by R3/insurance to the petitioner and his advocate failing which the United India Insurance co./R3 shall be liable to pay interest @ 12% per annum from the period of delay beyond 30 days.
United India Insurance co./R3 is also directed to place on record the proof of the award amount, proof of delivery of notice in respect of deposit of the amount in the above said bank to the claimant and complete details in respect of calculations of interest etc in the court within 30 days from today. A copy of this judgment/award be sent to R3 for compliance within the granted time. Nazir is directed to place a report on record in the event of non receipt/deposit of the compensation amount within the granted time.
It is clarified that latest directions of Hon'ble Delhi High Court regarding opening of MACT Claims SB account by the claimants in terms of order dated 07.12.2018 of Hon'ble Justice J.R. Midha in case of Rajesh Tyagi and Ors. Vs. Jaibir Singh & Ors. FAO 842/2003 under the Motor Accident Claims Annuity Deposit (MACAD) Scheme have been given separately in the order sheet. It is further clarified that the present award has only been passed as the statement of the claimant under clause 29 of MCTAP had already been recorded. It is also clarified that if the claimant fails to comply with the said directions then the compensation amount shall not be disbursed to her till compliance of the aforesaid directions by her.
In terms of directions contained in the order dated 07.12.2018 and subsequent order dated 22.02.2019 of Hon'ble Mr. Justice J.R. Midha in the case of Rajesh Tyagi & Ors vs Jaibir Singh & Ors., FAO 842/2003, the copy of the award be also sent by the Ahlmad of the court to Mr. Rajan Singh, Assistant General Manager, State Bank of India (as per the list of nodal officers of 21 banks of Indian Bank's Association as circulated to the Motor Accident Claims Tribunal vide above mentioned Raghav Singh vs Ajay Kumar Page 15 of18 Raghav Singh vs Ajay Kumar Page 16 of 18 order dated 22.02.2019 of Hon'ble Delhi High Court) who is the Nodal Officer with contact details (02222741336/9414048606) {other details Personal Banking Business Unit (LIMA) 13th Floor, State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai400021} through email ([email protected]) through the computer branch of Rohini Courts, Delhi. Ahlmad of the court is directed to take immediate steps in that regard.
14. A copy of this award be forwarded to the concerned Metropolitan Magistrate and DLSA in terms of the orders passed by the Hon'ble High Court in FAO 842/2003 Rajesh Tyagi Vs. Jaibir Singh & Ors. vide order dated 12.12.2014.
In view of the directions contained in order dated 18.01.2018 of Hon'ble Mr. Justice J.R. Midha in FAO no. 842/2003 titled as Rajesh Tyagi vs Jaibir Singh, the statement of petitioner was also recorded wherein he had stated that petitioner was entitled to exemption from deduction of TDS. He would submit form 15G to the insurance co. so that no TDS is deducted.
15. Form IVB has also been attached herewith. File be consigned to record room as per rules after compliance of necessary legal formalities. Copy of order be given to parties for necessary compliance as per rules. The insurance co./R3 is also directed to obtain the copy of PAN card of the petitioner from the record. Digitally signed by AMIT AMIT BANSAL BANSAL Date:
2019.05.10 17:17:33 +0530 Announced in open court (AMIT BANSAL) on 10th May 2019 PO MACT N/W Rohini Courts, Delhi.
Raghav Singh vs Ajay Kumar Page 16 of18
Raghav Singh vs Ajay Kumar Page 17 of 18
FORM - IV B
SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
1.Date of accident 18.11.2010
2. Name of injured Raghav Singh
3. Age of the injured 61 years
4. Occupation of the injured: Permanent job.
5. Income of the injured. Nil.
6. Nature of injury: Simple
7. Medical treatment taken by the injured. For about 1 month
8. Period of hospitalization: Nil.
9. Whether any permanent disability ? If yes, give details.
No
10. Computation of Compensation S.No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(i) Expenditure on treatment Rs. 1167/.
(ii) Expenditure on conveyance Rs. 2500/
(iii) Expenditure on special diet Rs. 2500/
(iv) Cost of nursing/attendant Rs. 5,000/
(v) Loss of earning capacity
(vi) Loss of income
(vii) Any other loss which may require any
special treatment or aid to the injured for
the rest of his life
12. NonPecuniary Loss:
(I) Compensation for mental and physical
shock
(ii) Pain and suffering Rs. 5,000/
(iii) Loss of amenities of life
(iv) Disfiguration
Raghav Singh vs Ajay Kumar Page 17 of18
Raghav Singh vs Ajay Kumar Page 18 of 18
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience,
hardships, disappointment, frustration,
mental stress, dejectment and
unhappiness in future life etc.
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and nature of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life span on account of disability
(iii) Percentage of loss of earning capacity in relation of disability
(iv) Loss of future income - (Income X %Earning capacity X Multiplier)
14. TOTAL COMPENSATION Rs.16,500 /
15. INTEREST AWARDED 9%
16. Interest amount up to the date of award Rs. 12,250/
17. Total amount including interest Rs. 28,750/
18. Award amount released Rs. 5,000/
19. Award amount kept in FDRs Rs. 23,750/
20. Mode of disbursement of the award As per award and in terms of amount to the claimant (s) (Clause29) clause 29 of MCTAP
21. Next date for compliance of the award. 03.07.2019 (Clause 31) Digitally signed by AMIT AMIT BANSAL BANSAL Date:
2019.05.10 17:17:42 +0530 (AMIT BANSAL) PO MACT N/W Rohini Courts, Delhi.
10.05.2019
Raghav Singh vs Ajay Kumar Page 18 of18