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Delhi District Court

Mr. Rohit Sharma S/O. Mr. Pawan Kumar ... vs Mr. Laxman S/O. Mr. Prem Singh on 27 May, 2019

     IN THE COURT OF MS. SAVITA RAO, ADDITIONAL DISTRICT
      JUDGE, DISTRICT - NE, KARKARDOOMA COURTS, DELHI

                                                    DAR No.: 122/19

IN THE MATTER OF:­

1.     Mr. Rohit Sharma S/o. Mr. Pawan Kumar Sharma
       R/o. H. No. 29/30, Gali No.2, Sherpur Village,
       Karawal Nagar, Delhi­110094.
                                                          ........ Petitioner

                                  Vs.


1.     Mr. Laxman S/o. Mr. Prem Singh
       R/o. H. No. D­67, Sector­24, Rohini,
       Delhi - 110085.
2.     Mr. Anokha Lal S/o. Mr. Sohan Lal
       R/o. I - 73/3, PH­2, Vijay Vihar,
       New Delhi - 110085.
3.     Universal Sompo General Insurance Company

                                                         ...... Respondents

Date of Institution of DAR : 05.03.2019 Date of Decision : 27.05.2019 Final Order : Award passed in terms of settlement between the parties.

APPEARENCES Petitioner with Mr. Amit Singh, Adv.

Mr. S P S Chauhan, Adv. for insurance company.

Rohit Sharma Vs. Laxman & Ors.

DETAILED ACCIDENT REPORT (DAR) AWARD

1. The present DAR is filed by police with information regarding the injured having sustained injuries in the accident which occurred on 25.08.2018. The DAR filed by the IO of PS Gokal Puri, Delhi is taken up as claim petition and the injured is referred to as petitioner.

As per the contents of FIR No. 435/18, driver of the vehicle bearing No. DL­8C­AD­3296 negligently drove the vehicle and hit the petitioner due to which petitioner sustained injuries.

2. Copies of the DAR alongwith annexures supplied to the respondents.

3. Counsel for insurance company filed offer to the DAR.

During the proceedings, petitioner agreed for an amicable settlement for Rs.60,000/­ towards full and final compensation. Statements of petitioner and counsel for insurance company were recorded separately.

4. In view of the statements made by the petitioner as well as counsel for insurance company award is hereby passed in favour of the petitioner in sum of Rs.60,000/­ towards full and final compensation under the M. V. Act. It is stated by counsel for insurance company that settlement amount shall be paid by insurance company to petitioner within 30 days by way of account payee cheque.

In view of the settlement and statements of the parties, the DAR petition is disposed off as compromised / settled. The Insurance Company is hereby directed to pay the compensation of Rs.60,000/­ within one month to DAR No. 122/19 Page 2 of 3 Rohit Sharma Vs. Laxman & Ors.

the Claimant in the court.

5. In case, the Insurance Company fails to deposit / pay the amount of compensation, in that event, in the light of the judgment of the Hon'ble High Court of Delhi in the case of New India Assurance Company Limited Vs. Kashmiri Lal, 2007 ACJ 688, this compensation shall be recovered by attachment of the bank account of Insurance Company with cost of Rs. 10,000/­.

6. Form­V shall be read as part of the award.

7. Attested copy of the award be furnished to the insurance company for compliance.

Digitally signed by

8. File be consigned to record room. SAVITA SAVITA RAO Date:

                                                    RAO       2019.05.27
                                                              14:41:24
Announced in open Court                                       +0530

on this 27th day of May, 2019
                                                    (Savita Rao)
                                              Additional District Judge
                                                   District - NE,
                                           Motor Accident Claims Tribunal
                                           Karkardooma Courts, Delhi.




DAR No. 122/19                                                    Page 3 of 3
Rohit Sharma Vs. Laxman & Ors.