Delhi District Court
Babita & Ors. vs . Bharat Bhushan & Ors. on 30 September, 2019
1
IN THE COURT OF SH. PARAMJIT SINGH PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. : 2091/16
Babita & Ors. Vs. Bharat Bhushan & Ors.
CNR No. DLSW010064062016
FIR No. 85/16
U/s 279/304A IPC
PS : Chhawla
1. Babita
W/o Late Sh. Mukesh Kumar
2. Meenakshi
D/o Late Sh. Mukesh Kumar
3. Harsh
S/o Late Sh. Mukesh Kumar
All Resident of :
RZ17, PhaseIII,
Prem Nagar, Near Shiv Mandir,
Najafgarh, New Delhi ... Petitioners
Vs
1. Bharat Bhushan (Driver)
S/o Sh. Mukesh Kumar Bhardwaj
R/o RZ145, BBlock,
Gali No. 6, Prem Nagar,
Najafgarh,
New Delhi
2. Mukesh Bhardwaj (Owner)
S/o Sh. Satya Prakash
R/o RZ145, BBlock,
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 1/22
2
Gali No. 6, Prem Nagar,
Najafgarh, New Delhi
Also at :
VPO Badli,
District Jhajjar,
Haryana
3. Bharti AXA General Insurance Company Ltd.
JMD Regent Arcade, Shop No. 13,14, 15
MG Road, Gurgaon, Haryana ... Respondents
Date of institution of the case 07.09.2016
Date on which, judgment have been reserved 05.09.2019
Date of pronouncement of judgment - 30.09.2019
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
1 Date of the accident 15.02.2016
2 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Claims Tribunal ( Clause 2)
3 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Insurance Company (Clause 2)
4 Date of filing of Report under Section 173 Cr. PC before Not clear from record
the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information Report 07.09.2016
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 07.09.2016
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 07.09.2016
8 Whether DAR was complete in all respects? (Clause 16) Yes
9 If not, whether deficiencies in the DAR removed later on? N.A
10 Whether the police has verified the documents filed with Yes
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 2/22
3
DAR? (Clause 4)
11 Whether there was any delay or deficiency on the part of No
the Investigating Officer? If so, whether any action /
direction warranted?
12 Date of appointment of the Designated Officer by the Not clear from record
Insurance company ( Clause 20 )
13 Name, address and contact number of the Designated Sh. Amit Sharma
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance Yes
Company submitted his report within 30 days of the
DAR? ( Clause 22 )
15 Whether the Insurance Company admitted the liability? If No
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 the part of No
the Designated Officer of the Insurance Company? If so,
whether any action / directions warranted?
17 Date of response of the claimant (s) to the offer of the N.A
Insurance Company. ( Clause 24)
18 Date of Award 30.09.2019
19 Whether the award was passed with the consent of the No.
parties? ( Clause 22)
20 Whether the claimant (s) were directed to open savings Yes
bank accounts (s) near their place of residence ? ( Clause
18)
21 Date of order by which claimant(s) were directed to open 18.04.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the bank not issue any cheque book/debit card to the
claimants (s) and make an endorsement to this effect on
the passbook(s) (Clause 18 )
22 Date on which the claimant(s) produced the passbook of 18.10.2018
their savings bank account near the place of their
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 3/22
4
residence alongwith the endorsement, PAN Card and
Adhaar Card? (Clause 18 )
23 Permanent Residential Address of the Claimant(s) RZ17, PhaseIII, Prem Nagar,
(Clause 27 ) Near Shiv Mandir, Najafgarh,
New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner No. 1 Babita : SB A/c
the address of the bank with IFSC Code( Clause 27) No. 1519000100729047
Petitioner No.2 Meenakshi : SB
A/c No. 1519000100729074
Petitioner No. 3 Harsh SB A/c
No. 1519000100729056
All the above petitioners have
their SB account at PNB,
Najafgarh, Delhi (IFSC Code :
PUNB0151900)
25 Whether the claimant(s) savings bank account(s) is near Yes
his place of residence ? (Clause 27)
26 Whether the claimant(s) were examined at the time of Yes
passing of the award to ascertain his/their financial
condition? ( Clause 27)
27 Account number, MICR number, IFSC Code, name and Account No. 37665510911 at
branch of the bank of the Claims Tribunal in which the SBI, District Court Complex,
award amount is to be deposited/transferred. Sector10, Dwarka New Delhi,
(IFSC Code SBIN0011566 and
MICR Code 110002483)
JUDGMENT:
The present case/DAR has been filed qua death of Mukesh Kumar caused in a road traffic accident, which took place on 15.02.2016.
2. Brief facts as made out from the DAR are that on 15.02.2016 at about 8:15 AM, Mukesh Kumar (since deceased) was going on his scooter bearing no. DL MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 4/22 5 4SAQ 1731 and when he reached near Man Singh School, Paprawat Road, Najafgarh, New Delhi, a car bearing no. HR 26CB 0057, which was being driven by its driver in rash and negligent manner and at a high speed, hit the scooter from behind and as a result of impact, Mukesh Kumar fell down on the road and sustained grievous injuries and died during the treatment. It is further stated that accident was caused due to sole negligence on the part of the driver of the abovesaid car and a case in this regard was registered vide FIR No.85/16 u/s 279/304A IPC at PS Chhawla and the investigation was conducted by the IO.
After completion of investigation, the present DAR was filed in the court qua the death of Mukesh Kumar caused in the abovesaid accident.
3. The reply has been filed on behalf of R3/Bharti AXA General Insurance Company Ltd, wherein it has been stated that the vehicle bearing no. HR 26CB 0057 was insured with the said insurance company vide policy no. FPV/11979283/13/08/003324 for the period from 02.08.2015 to 01.08.2016, subject to terms, conditions and stipulations contained therein. It is also stated that the respondent/ insurance company was making an offer of Rs.9,92,708/ and it has been prayed that the said offer may be taken on record and the DAR may be disposed of.
4. In the instant case, the perusal of the record reveals that WS has not been filed on behalf of R1 Bharat Bhushan (driver) and R2 Mukesh Bhardwaj (owner of offending vehicle) in this case.
5. On the basis of the pleadings of the parties, the following issues were MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 5/22 6 framed on 18.04.2018 :
ISSUES :
1. Whether Mukesh Kumar sustained fatal injuries in a motor vehicle accident dated 15.02.2016 due to rash and negligent driving of vehicle no. HR 26CB 0057, being driven by respondent no. 1, owned by respondent no. 2 Mukesh Bhardwaj and insured by respondent no. 3 AXA General Insurance Company Ltd. ? ...OPP
2. Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
6. In support of their case, petitioners have examined petitioner no. 1 Babita as PW1 and they have also examined PW2 Mahesh Yadav and PW3 Ankur Sodhi, Sr. Tax Asstt. Income Tax Department, Civic Centre, New Delhi and thereafter PE was closed on behalf of the petitioners.
7. In their RE, respondents have not led any evidence and on 09.08.2018, it was submitted on behalf of R3/ insurance company that no RE was to be led and accordingly RE on behalf of R3/ insurance company was closed vide order dated 09.08.2018. Vide same order, RE on behalf of R1 & R2 was also closed.
8. I have heard the arguments put forward by Ld. counsels for the petitioners, and R3/ insurance company and have carefully gone through record of the case. I have carefully considered the evidence led by the petitioners in support of their case. I have also carefully perused written submissions filed on behalf of the petitioners and R3/ insurance company.
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 6/22 7 It is pertinent to mention here that arguments have not been addressed in this case on behalf of R1 Bharat Bhushan (driver) and R2 Mukesh Bhardwaj (owner of offending vehicle), despite opportunity being given.
9. The issuewise findings are as under :
10. ISSUE No. 1Whether Mukesh Kumar sustained fatal injuries in a motor vehicle accident dated 15.02.2016 due to rash and negligent driving of vehicle no. HR 26CB 0057, being driven by respondent no. 1, owned by respondent no. 2 Mukesh Bhardwaj and insured by respondent no. 3 AXA General Insurance Company Ltd. ? ...OPP The onus to prove this issue was upon the petitioners and in order to discharge the said onus , the petitioners have examined PW2 Mahesh Yadav, who has filed his evidence by way of affidavit (Ex. PW2/A), wherein it has been stated that he was eye witness to accident and was well conversant with the fact and circumstances of the present case. PW2 further deposed that on 15.02.2016 at about 8:15 AM, he was sitting in front of his office at Rao Man Singh School, Paprawat Road, when one scooter bearing no. DL 4SAQ 1731 was coming towards his office from Paprawat and when the scooter reached in front of his office, one car bearing no. HR 26CB 0057, which was being driven by its driver in rash and negligent manner and at a high speed, hit the scooter from behind and as a result of impact, Mukesh Kumar fell down on the road and sustained grievous injuries and died during the treatment.
The important fact is that this witness i.e PW2 Mahesh Yadav was cross examined on behalf of the respondents, but nothing material has come on MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 7/22 8 record which could assail the credibility or trustworthiness of this witness.
In his cross examination by the Ld. counsel for R3/insurance company, PW2 stated that his office was situated in front of the spot of accident and he had seen the accident. PW2 further stated that driver of the offending vehicle tried to flee away from the spot, however he was apprehended by the public persons. PW2 denied the suggestion that he was not an eye witness to the accident. PW2 also denied the suggestion that he was deposing falsely at the instance of family of the victim as they were known to him. In these circumstances, nothing material has come on record which could shake the credibility of this witness qua his deposition regarding the manner in which the accident was caused in this case.
Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that deceased Mukesh Kumar sustained fatal injuries and died in a motor vehicle accident dated 15.02.2016 due to rash or negligent driving of vehicle HR 26CB 0057, which was being driven by R1 Bharat Bhushan, owned by R2 Mukesh Bhardwaj and insured by R3/ Bharti AXA General Insurance Company Ltd. at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners and against the respondents.
11. ISSUE No. 2Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP The onus to prove this issue was upon the petitioners and in order to discharge the said onus, the petitioners have examined PW1 Babita ( petitioner no.1), who has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that she was the petitioner/ wife of deceased Mukesh Kumar, who had MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 8/22 9 met with an accident on 15.02.2016 and received fatal injuries and FIR No.85/16, u/s 279/304A IPC was got registered in this regard at PS Chhawla. PW1 further deposed that at the time of accident , her husband was doing private business and was earning Rs.1 lac per month and he was the only bread earner of the family. PW1 has also relied upon the documents Ex. PW1/1 to Ex. PW1/4.
Hence, in view of the above and in view of the material and evidence record, it is clear that deceased Mukesh Kumar sustained fatal injuries and died in a motor vehicle accident dated 15.02.2016 due to rash or negligent driving of vehicle bearing no. HR 26CB 0057, which was being driven by R1 Bharat Bhushan (driver) and R2 Mukesh Bhardwaj (owner of offending vehicle) and insured by R3/Bharti AXA General Insurance Company Ltd. at the time of accident and as such petitioners, being the LRs of deceased Mukesh Kumar, have become entitled to claim compensation for the death of said deceased in the abovesaid accident.
Quantum of compensation payable to the petitioners/LRs of deceased Mukesh Kumar is ascertained under the following heads :
12. AGE & MULTIPLIER As per his Aadhar Card and other documents/material on record, deceasedMukesh Kumar was about 52 years of age at the time of accident on 15.2.2016. Hence, the multiplier of '11' is taken in this case.
13. LOSS OF DEPENDENCY In the present case, in view of the material/evidence on record, it is evident that at the time of accident, the deceased Mukesh Kumar was married and has left behind three LRs i.e. petitioner no.1 Smt. Babita ( wife ), petitioner no.2 MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 9/22 10 Meenakshi ( daughter ) and petitioner no.3 Harsh ( son ) . In these circumstances, in view of the law/guidelines laid down in the case titled as 'Sarla Verma & Ors. Vs. DTC & Anr' [ reported as (2009 )6SCC 121] , one third ( 1/3rd ) of the income of the deceased is liable to be deducted from his total income towards personal and living expenses of the deceased.
In view of the above and in view of the material on record, the annual contribution of the deceased to the family multiplied by a multiplier as per above guidelines shall give the loss of dependency to the entire family.
In the instant case, it has been stated that at the time of accident, deceased Mukesh Kumar was doing private business and was earning Rs.1 lac per month. Regarding the income of the deceased , the petitioners have filed on record the copy of ITR for the assessment year 20152016, however , the said document i.e ITR is not of any use to the petitioners as PW3 Ankur Sodhi, Sr. Tax Asstt. Income Tax Department, Civic Centre, New Delhi has specifically stated that ITR record of Mukesh Kumar Goyal reflects that he had not filed any ITR. In these circumstances, the business/employment and income of deceased Mukesh Kumar has not been proved on record in accordance with law and as such , the minimum wages prescribed during the relevant period ( 15.2.2016) i.e Rs. 9,178/p.m is taken as criteria for calculating the loss of dependency in the instant case.
In view of the above, the loss of dependency to the family on account of the death of the deceased Mukesh Kumar can be calculated as under:.
a) Income of the deceased : Rs.9,178/p.m
Mukesh Kumar
b) 10% addition towards future prospects : Rs. 917/
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 10/22
11
c) 1/3rd deduction towards on personal
and living expenses of deceased. : Rs. 3,365/
d) Monthly loss of dependency
(Rs. 9,178/ + Rs.917/ : Rs. 6,730/
Rs. 3,365/)
e) Annual loss of dependency to the
family due to death of deceased : Rs. 80,760/
(Rs.6,730 / x 12)
f) Total loss of dependency to the
family due to death of deceased
( Rs. 80,760 / x 11) : Rs.8,88,360 /
Hence, in view of the above, the total loss of dependency to the family on account of death of the deceased Sh. Mukesh Kumar comes to Rs. 8,88,360/ and as such, the petitioners shall be entitled to the said amount i.e Rs. 8,88,360 / (Rupees Eight Lacs, Eighty Eight Thousand, Three Hundred Sixty only) as compensation under the head 'loss of dependency'.
14. MEDICAL EXPENSES In the present case, in view of the material/evidence on record, it is evident that after the accident on 15.2.2016, Mukesh Kumar ( since deceased) remained hospitalized at Vikas Hospital, Najafgarh, New Delhi and Medanta Hospital, Gurgaon and in this regard , the medical and treatment bills amounting to Rs. 54,417/pertaining to the said hospitals have been filed on record . There is no reason to doubt the said bills. In these circumstances and in view of the material on record, the petitioner shall be entitled to a sum of Rs. 54,417/ (Rupees Fifty Four Thousand, Four Hundred Seventeen Only ) towards medical expenses MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 11/22 12 of the deceased.
15. LOSS OF ESTATE In terms of the judgment of the Hon'ble Supreme Court of India in the case titled as ' National Insurance Company Ltd. Vs. Pranay Sethi & Ors. ( reported as 2017 SCC OnLine SC 1720), a sum of Rs. 15,000/ is awarded towards the head 'loss of estate'.
16. FUNERAL EXPENSES Further, in terms of the law /guidelines laid down in the case National Insurance Co. Ltd Vs. Pranay Sethi ( supra), a sum of Rs. 15,000/ is awarded to the petitioners towards ' funeral expenses'.
17. LOSS OF LOVE AND AFFECTION In the instant case, due to the death of deceased Mukesh Kumar, his children i.e petitioner no.2 Meenakshi ( daughter ) & petitioner no.3 Harsh (son ) have suffered loss of love and affection. In these circumstances and having regard to the fact and circumstances of the present case and in view of law /guidelines laid down in the case Magma General Insurance Co. Ltd Vs. Nanu Ram (supra), a sum of Rs.60,000/ (30,000 x 2_) is awarded as compensation under the head loss of love and affection .
18. LOSS OF CONSORTIUM In terms of the law/guidelines laid down in the caseNational Insurance Co. Ltd Vs. Pranay Sethi ( supra), a sum of Rs.40,000/ is awarded to the petitioner MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 12/22 13 Smt. Babita (wife of the deceased) towards 'loss of consortium'.
19. The break up of compensation that has been awarded in favour of the petitioners have been tabulated as below : S. No. HEAD AMOUNT 1 Loss of dependency Rs. 8,88,360 /
2. Loss of love and affection to children ( 30,000 x 3) Rs. 60,000/ 3 Loss of consortium Rs. 40,000/ 4 For funeral expenses Rs.15,000/ 5 Loss of estate Rs.15,000/
6. Medical Expenses Rs. 54,417 Total Rs. 10,72,777/rounded of as Rs. 10,73,000/
20. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioners are awarded interest @ 9% per annum on the abovesaid compensation / award amount i.e Rs. 10,73,000/ from the date of filing of case/DAR i.e. 07.9.2016 till realization.
21. LIABILITY The offending vehicle bearing no. HR26CB0057 was being driven by MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 13/22 14 R1 Bharat Bhushan , owned by R2 Mukesh Bhardwaj and insured with R3/Bharti AXA General Insurance Company Ltd. at the time of accident and as such, respondent no. 3/Bharti AXA General Insurance Company Ltd, being the 'principal tort feasor', shall be liable to pay the awarded amount.
Hence, in view of the above, Issue No. 2 is decided accordingly.
22. RELIEF Thus in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of Rs.10,73,000/ (Rupees Ten Lacs, Seventy Three Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 07.9.2016 till realization is passed in favour of the petitioners and against the respondents .
The abovesaid compensation amount shall be payable by the respondent no.3/ Bharti AXA General Insurance Company Ltd to the petitioners.
23. APPORTIONMENT The abovesaid award amount i.e Rs. 10,73,000/ (Rupees Ten Lacs, Seventy Three Thousand only) shall be apportioned amongst the LRs of the deceased Mukesh Kumar in the following manner with proportionate interest .
S. No. Name of the petitioner/relation with deceased Amount
1. Petitioner no.1 Smt. Babita ( wife) Rs. 6,73,000/
2. Petitioner no.2 Meenakshi ( daughter Rs. 2,00,000/
3. Petitioner no. 3 Harsh ( minor son) Rs. 2,00,000/ Total Rs. 10,73,000 / MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 14/22 15
24. FORMIVA SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN DEATH CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 15.2.2016
ii). Name of the deceased : Sh. Mukesh Kumar
iii). Age of the deceased : 52 years ( at the time of accident)
iv). Occupation of the deceased: Private Business
v). Income of the deceased : Rs. 9,178/
vi). Name , age and relationship of legal representative of deceased S.No. Name Age Relation with deceased
(i) Smt. Babita 46 years Wife
(ii) Meenakshi 19 years Daughter
(iii) Harsh 18 years Son Computation of Compensation S. No. Heads Awarded by the Claims Tribunal
7. Income of the deceased (A) Rs. 9,178/per month
8. AddFuture Prospects (B) Rs. 917/
9. LessPersonal expenses of the deceased (C) Rs. 3,365/
10. Monthly loss of dependency Rs. 6,730/ [ (A+B)C=D]
11. Annual Loss of dependency ( D x12) Rs 80,760/ 12. Multiplier (E) 11
13. Total loss of dependency (D x 12x E=F) Rs. 8,88,360/
14. Medical Expenses (G) Rs. 54,417/ MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 15/22 16
15. Compensation for loss of love and affection (H) Rs. 60,000/ (30,000 x 2)
16. Compensation for loss of consortium (I) Rs. 40,000/
17. Compensation for loss of estate (J) Rs. 15,000/
18. Compensation towards funeral expenses (K) Rs. 15,000/
19. TOTAL COMPENSATION Rs. 10,72,777/rounded of as (F+G+H+I+J+K=L) Rs. 10,73,000/
20. RATE OF INTEREST AWARDED
21. Interest amount up to the date of award (M) @ 9% per annum from the date of filing of case/DAR i.e. 07.9.2016 till realization.
22. Total amount including interest ( L+M) Rs. 10,73,000/ + @9% per annum from the date of filing of petition i.e. 07.9.2016 till realization.
23. Award amount released As per table given below
24. Award amount kept in FDRs As per table given below
25. Mode of disbursement of the award amount to By credit in the SB Account of the claimant (s) (Clause 29) the petitioners
26. Next Date for compliance of the award. 02.11.2019 ( Clause 31)
25. In the instant case, the award amount shall be deposited /transferred by respondent no. 3/ Bharti AXA General Insurance Company Ltd. in the Account No. 37665510911 of 'MACT (SouthWest), Dwarka Courts, New Delhi ' at State Bank of India, District Court Complex, Sector10, Dwarka New Delhi, (IFSC Code SBIN0011566 and MICR Code 110002483) by RTGS/NEFT/IMPS under intimation, with proof of notice to the claimant/petitioners and their counsel, to the Nazir of this court .
Further, the statement of petitioner/LRs of the deceasedMukesh Kumar MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 16/22 17 regarding their financial status, needs and liabilities have also been recorded in this case. In view of the said statement of the petitioner/LRs of the deceased & having regard to fact and circumstances of the present case, the award amount shall be distributed as follows: S.No Name Status Amount of Release Amount of FDR Award Amount
1. Smt. Babita Wife Rs. 6,73,000/ Rs. 73,000/ Rs. 6 lacs be kept in 120 FDRs of Rs. 5,000/each for the period from one month to 120 months in the name of petitioner no.1 Smt. Babita with cumulative interest.
2. Meenakshi Daughter Rs. 2,00,000/ Rs. 20,000/ Rs. 1,80,000/ be kept in 36 FDRs of Rs. 5,000/each for the period from one month to 36 months in the name of petitioner no.2 Meenakshi with cumulative interest.
3. Harsh Son Rs. 2,00,000/ Rs. 20,000/ Rs. 1,80,000/ be kept in 36 FDRs of Rs. 5,000/each for the period from one month to 36 months in the name of petitioner no.3 Harsh with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide Orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
26. Petitioner no.1 Babita has stated that she is having a SB Account No. 1519000100729047 at PNB, Najafgarh, Delhi (IFSC Code: PUNB0151900) and MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 17/22 18 it is being requested on her behalf that the abovesaid cash amount may be transferred to the said SB Account .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 1519000100729047 of petitioner no.1 Babita at PNB, Najafgarh, Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, PNB, Najafgarh, Delhi is directed to release the abovesaid cash amount to petitioner no.1 Babita, as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.1.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no.1 Babita .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no.1 Babita without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no.1 Babita .
The abovesaid PNB, Najafgarh, Delhi , is also directed not to issue any cheque book and/or debit card to the petitioner no.1 Babita and if the same have already been issued, the said bank is directed to cancel the same and make an MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 18/22 19 endorsement on the pass book that no cheque book or debit card shall be issued to petitioner no.1 Babita .
PNB, Najafgarh, Delhi shall permit account holder i.e petitioner no.1 Babita to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
27. Petitioner no.2 Meenakshi has stated that she is having a SB Account No.1519000100729074 at PNB, Najafgarh, Delhi (IFSC Code:
PUNB0151900) and it is being requested on her behalf that the abovesaid cash amount may be transferred to the said SB Account .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 1519000100729074 of petitioner no.2 Meenakshi at PNB, Najafgarh, Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, PNB, Najafgarh, Delhi is directed to release the abovesaid cash amount to petitioner no.2 Meenakshi , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.2.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no.2 Meenakshi .
Manager of the concerned bank is directed not to permit premature MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 19/22 20 encashment or loan qua the abovesaid FDRs to the petitioner no.2 Meenakshi without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no.2 Meenakshi.
The abovesaid PNB, Najafgarh, Delhi , is also directed not to issue any cheque book and/or debit card to the petitioner no.2 Meenakshi and if the same have already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner no.2 Meenakshi .
PNB, Najafgarh, Delhi shall permit account holder i.e petitioner no.2 Meenakshi to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
28. Petitioner no.3 Harsh has stated that he is having a SB Account No. 1519000100729056 at PNB, Najafgarh, Delhi (IFSC Code: PUNB0151900) and it is being requested on his behalf that the abovesaid cash amount may be transferred to the said SB Account .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 1519000100729056 of petitioner no. 3 Harsh at PNB, Najafgarh, Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 20/22 21 Manager, PNB, Najafgarh, Delhi is directed to release the abovesaid cash amount to petitioner no. 3 Harsh , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.3.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 3 Harsh .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 3 Harsh without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no. 3 Harsh .
The abovesaid PNB, Najafgarh, Delhi , is also directed not to issue any cheque book and/or debit card to the petitioner no. 3 Harsh and if the same have already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner no. 3 Harsh .
PNB, Najafgarh, Delhi shall permit account holder i.e petitioner no. 3 Harsh to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
29. The insurance company shall inform the petitioners as well as their counsel through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioner/injured to know about the deposit in the account.
Certified copy of this award be sent to the concerned Manager, SBI, MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 21/22 22 District Courts Complex, Sector10, Dwarka, New Delhi and Manager, PNB, Najafgarh, Delhi, for information / compliance.
Copy of this award be also sent through e.mail to Sh.Rajan Singh, Assistant General Manager ( Nodal Officer), State Bank of India at his email ID :
[email protected] in terms of Order dated 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2003.
Certified copy of this award be given ''Dasti' to the petitioners/ their counsel and Ld. Counsel for the respondent/insurance company.
Certified copy of this award be also sent to the concerned Ld. Metropolitan Magistrate and Delhi State Legal Services Authority.
Ahlmad is directed to prepare a separate misc. file and put up the same for filing of the compliance report on 02.11.2019.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 30.9.2019) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
30.9.2019
PARAMJIT
SINGH
Digitally signed by
PARAMJIT SINGH
Date: 2019.09.30
15:19:00 +0530
MACP No. : 2091/16 Babita & Ors. Vs. Bharat Bhushan & Ors. 22/22