Delhi District Court
Puspalata Rout & Others vs Best Roadways Ltd. & Others on 29 August, 2022
BEFORE THE COURT OF SH. SURINDER S. RATHI,
PO MACT-II, WEST, THC, DELHI
CNR No.DLWT01-003050-2021
MACT No. 190/2021
FIR No. 0080/2021
PS Gautam Budh Nagar, UP
Puspalata Rout & Others Vs Best Roadways Ltd. & Others
1. Puspalata Rout
W/o Lt. Sh. Anjan Rout
R/o AT-Mangrajpur, PO-Rajnagar
Kendrapara, Odisha-754225 (India)
Aadhar Card No. 200010371956
Mobile No. 9717747951
2. Pranshu Priyadarshini Rout
D/o Lt. Sh. Anjan Rout
R/o AT-Mangrajpur, PO-Rajnagar
Kendrapara, Odisha-754225 (India)
D.O.B. 24.04.2004
Aadhar Card No. 295996644858
3. Pragyna Priyadarshini Rout
D/o Lt. Sh. Anjan Rout
R/o AT-Mangrajpur, PO-Rajnagar
Kendrapara, Odisha-754225 (India)
D.O.B. 12.09.2010
Aadhar Card No. 928679397206
(Petitioner No. 2 & 3 are through their mother being the
Natural Guardian)
......Petitioners
V/s
1. Best Roadways Ltd. (Owner)
Through its Directors/Managing Directors
Regd. Office At:
Best House, XX-118/1,
Najafgarh Road, near Main Gate,
Swatantra Bharat Mill, New Delhi-110015.
Also At:
P. No. 24, Gokul Vatika, Nai Sadak,
Gajsingh Pura, Ajmer Road,
Jaipur, Rajasthan-302001
2. Jang Bahadur (Driver)
S/o Sh. Umesh Chandra
R/o Newada PO Nand Nagar,
P.S. Parashurampur, Basti 272129
MACT No. 190/2021 Puspalata Rout & Others Vs Best Roadways Ltd. & Ors Page No. 1/4
3. Future Generali India Insurance Company Limited
(Through Regional Manager Delhi Region)
Regional/Branch Office At:
1st Floor, Unit No. 110 to 115,
Krishna Apra Business Square,
Plot No. D4-6, District Centre,
Wazipir, Pitampura, Delhi-110034
Corp. & Regd. Office At:
6th Floor, Tower-3, Indiabulls Finance Centre,
Sonepat, Bapat Marg, Elplinestone Road,
Mumbai-400013, Maharashtra
......Respondents
Award The matter has already been settled between the petitioners and respondent no. 3/Future Generali India Insurance Co. Ltd. today i.e. 29.08.2022 in the court. This Tribunal is satisfied that the parties have settled the claim amicably without any inducement, force or coercion. Statement of Ms. Puspalata Rout (petitioner/widow of deceased Anjan Kumar) and Sh. M. Awasthi, Ld. Counsel for R-3/Future Generali India Insurance Company Limited have been recorded separately. In view of the submissions made by the parties, this Tribunal pass an award in the sum of Rs. 22,80,000/- (Rs. Twenty Two Lakhs and Eighty Thousand Only) towards full and final compensation of the present claim to the LRs of deceased. This will be inclusive of interim award, if any, already passed. Respondent no. 3/Future Generali India Insurance Company Limited is liable to pay the Award amount to the LRs. Respondent no. 3/Future Generali India Insurance Company Limited shall deposit the award amount within 30 days from the date of this Award by way of NEFT or RTGS mode in the account of this Tribunal maintained with SBI, Tis Hazari Courts, Delhi (account holder's name-Motor Accident Claims Tribunal 02 West, A/C No.40714429271, IFSC Code SBIN0000726) under intimation to the LRs of deceased and this Tribunal in terms of the format for remittance of compensation as provided in Divisional Manager Vs. Rajesh, 2016 SCC Online Mad. 1913 (and reiterated by Hon'ble Supreme Court in the orders dated 16.03.2021 and 16.11.2021 MACT No. 190/2021 Puspalata Rout & Others Vs Best Roadways Ltd. & Ors Page No. 2/4 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors). In default of payment within the prescribed period, Respondent no. 3/Future Generali India Insurance Company Limited shall be liable to pay a penal interest @ 7.5% p.a. for the period of delay till its realization. As requested, the Compensation to the LRs of deceased be distributed as follows:-
S. Name of Age Relation Amount of Amount Amount Period Bank No the with award of award kept in of FDR details of Petitioner injured/ to be FDR with the /claimant deceased released cumulat petitione immediate ive r/s with ly interest IFCS Code (1) (2) (3) (4) (5) (6) (7) (8) (9)
1. Ms. DOB: Widow of Rs. Rs. Rs. 120 To be Puspalata 01.01.1980 deceased 13,68,000/- 2,73,600/- 10,94,400/- months provided Rout @ 60 % (20 % of to Rs. concerne 13,68,000/ d bank
-) is directed to be released to petitioner no. 1 and rest of the amount shall be kept in the form of 120 FDRs
2. Pranshu DOB: Daughter Rs. NA Rs. 120 To be 24.04.2004 4,56,000/- 4,56,000/- months provided Priyadars @ 20 % be kept in to hini Rout the form of concerne 120 FDRs d bank
3. Pragyna DOB: Daughter Rs. NA Rs. 60 To be 12.09.2010 4,56,000/- 4,56,000/- months provided Priyadars @ 20 % be kept in to hini Rout the form of concerne 60 FDRs d bank Total Rs.
22,80,000/-
Note:- *This amount (mentioned in Column No. 6 above) be transferred in a savings/MACT Account in a nationalized bank situated near the place of petitioner's residence by Manager, SBI, Tis Hazari Courts, Delhi. Petitioner/s shall provide the necessary details of the said savings/MACT account as well as his/her identification documents including Aadhar Card, PAN Card to Manager, SBI, Tis Hazari Courts, Delhi under intimation to this Court within one week from today.
Manager, SBI, Tis Hazari Courts, Delhi shall ensure the compliance of above directions in a diligent manner.
MACT No. 190/2021 Puspalata Rout & Others Vs Best Roadways Ltd. & Ors Page No. 3/4Copy of the Award be given to the parties free of costs.
Copy of this Award be also sent to concerned Ld. M.M. and DLSA.
Nazir is directed to prepare a separate file for compliance and the same be put up on 06.10.2022.
File be consigned to Record Room.
(Surinder S. Rathi) PO MACT-II (West) Tis Hazari Courts, Delhi/29.08.2022 MACT No. 190/2021 Puspalata Rout & Others Vs Best Roadways Ltd. & Ors Page No. 4/4