Delhi District Court
Kirti Yadav Lrs Of Deceased Rohit ... vs Bankey Bihari Goods Carriers on 23 December, 2023
DLCT010004412020
Presented on : 13-01-2020
Registered on : 14-01-2020
Decided on : 23-12-2023
Duration : 03 Years 11 Months
IN THE TRIBUNAL OF PRESIDING OFFICER-MACT-02,
CENTRAL, TIS HAZARI COURTS, DELHI
PRESIDED OVER BY DR.PANKAJ SHARMA
IN THE MATTER OF CASE/ MACT No. 70/20 (LEAD CASE) (For
Grant of Compensation in respect of the death of deceased S.)
1. SHRICHANDRA
S/o Sh. Beerval Singh
2. ANAND KUMAR
S/o Shrichandra
Both R/o Nangla Barua,
Pali Khurd, Etawah, U.P. .......Petitioners
Vs.
1. M/S BANKEY BIHARI GOODS CARRIERS
25, 1st Floor, Khanna Market,
Tis Hazari, Delhi.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 1/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:11:45 +0530
Also at:
E-1/80, Sector-11,
Y.M.C.A Road, Faridabad, Haryana.(Driver)
2. SH.RATNESH KUMAR
S/o Sh.Vijay Kumar
R/o Village Nagla Kundan
P.O.Nana Mau Thana Kurawali,
District Mainpuri, Uttar Pradesh.(Owner)
3. RELIANCE GENERAL INSURANCE COMPANY
1st Floor, A-12, Mohan Co-Operative Industrial
Estate, Mathura, Road, New Delhi-110044. (Insurer)
......Respondents.
AND DLCT010004402020 Presented on : 13-01-2020 Registered on : 14-01-2020 Decided on : 23-12-2023 Duration : 03 Years 11 Months IN THE MATTER OF CASE/ MACT No. 69/20 TITLED AS (For Grant of Compensation in respect of the death of deceased R.Y.)
1. SMT. KIRTI YADAV W/o Late Sh. Rohit Yadav MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 2/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:11:51 +0530
2. MS. NANCY YADAV
D/o Late Sh. Rohit Yadav
3. ROOP SINGH YADAV
S/o Sh. Shiv Ram
All R/o H.No. 303, Pandit Mohalla,
Village Kundli, Delhi-110096.
(Petitioner No. 2 is minor through her mother and natural guardian) .......Petitioners Vs.
1. M/S BANKEY BIHARI GOODS CARRIERS 25, 1st Floor, Khanna Market, Tis Hazari, Delhi.
Also at:
E-1/80, Sector-11, Y.M.C.A Road, Faridabad, Haryana.(Driver)
2. SH.RATNESH KUMAR S/o Sh.Vijay Kumar R/o Village Nagla Kundan P.O.Nana Mau Thana Kurawali, District Mainpuri, Uttar Pradesh.(Owner)
3. RELIANCE GENERAL INSURANCE COMPANY 1st Floor, A-12, Mohan Co-operative Industrial Estate, Mathura, Road, New Delhi-110044. (Insurer) MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 3/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:11:56 +0530 .......Respondents.
AND
DLCT010004352020
Presented on : 13-01-2020
Registered on : 14-01-2020
Decided on : 23-12-2023
Duration : 03 Years 11 Months
IN THE MATTER OF CASE/ MACT No. 71/20 TITLED AS (For Grant of Compensation in respect of the death of deceased M.Y.)
1.SH.ROOP SINGH YADAV S/o Sh. Shiv Ram
2.SMT. KIRTI YADAV W/o Late Sh. Rohit Yadav
3. MS. NANCY D/o Late Sh. Rohit Yadav All R/o H.No. 303, Pandit Mohalla, Village Kundli, Delhi-110096.
(Petitioner No. 2 is minor through her mother and MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 4/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.23 15:12:00 +0530 natural guardian). .......Petitioners Vs.
1. M/S BANKEY BIHARI GOODS CARRIERS 25, 1st Floor, Khanna Market, Tis Hazari, Delhi.
Also at:
E-1/80, Sector-11, Y.M.C.A Road, Faridabad, Haryana.(Driver)
2. SH.RATNESH KUMAR S/o Sh.Vijay Kumar R/o Village Nagla Kundan P.O.Nana Mau Thana Kurawali, District Mainpuri, Uttar Pradesh.
3. RELIANCE GENERAL INSURANCE COMPANY 1st Floor, A-12, Mohan Co-operative Industrial Estate, Mathura, Road, New Delhi-110044. (Insurer) ......Respondents.
DLCT010004362020
Presented on : 13-01-2020
Registered on : 14-01-2020
Decided on : 23-12-2023
Duration : 03 Years 11 Months
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 5/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:05 +0530 IN THE MATTER OF CASE/ MACT No. 72/20 TITLED AS (For Grant of Compensation in respect of the death of deceased MT.) SH.ROOP SINGH YADAV S/o Sh. Shiv Ram R/o H.No. 303, Pandit Mohalla, Village Kundli, Delhi-110096. .......Petitioner Vs.
1. M/S BANKEY BIHARI GOODS CARRIERS 25, 1st Floor, Khanna Market, Tis Hazari, Delhi.
Also at:
E-1/80, Sector-11, Y.M.C.A Road, Faridabad, Haryana.(Driver)
2. SH.RATNESH KUMAR S/o Sh.Vijay Kumar R/o Village Nagla Kundan P.O.Nana Mau Thana Kurawali, District Mainpuri, Uttar Pradesh.
3. RELIANCE GENERAL INSURANCE COMPANY 1st Floor, A-12, Mohan Co-operative Industrial Estate, Mathura, Road, New Delhi-110044. (Insurer) ......Respondents.MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 6/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:12:09 +0530 DLCT010004342020 Presented on : 13-01-2020 Registered on : 14-01-2020 Decided on : 23-12-2023 Duration : 03 Months 11 Months IN THE MATTER OF CASE/ MACT No. 73/20 TITLED AS (For Grant of Compensation in respect of the injuries sustained by injured Kirti Yadav) SMT. KIRTI YADAV W/o Late Sh. Rohit Yadav R/o H.No. 303, Pandit Mohalla, Village Kundli, Delhi-110096. .......Petitioner Vs.
1. M/S BANKEY BIHARI GOODS CARRIERS 25, 1st Floor, Khanna Market, Tis Hazari, Delhi.
Also at:
E-1/80, Sector-11, Y.M.C.A Road, Faridabad, Haryana.(Driver) MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 7/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.Digitally signed
PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:12:14 +0530
2. SH.RATNESH KUMAR S/o Sh.Vijay Kumar R/o Village Nagla Kundan P.O.Nana Mau Thana Kurawali, District Mainpuri, Uttar Pradesh.(Owner)
3. RELIANCE GENERAL INSURANCE COMPANY 1st Floor, A-12, Mohan Co-operative Industrial Estate, Mathura, Road, New Delhi-110044. (Insurer) ......Respondents.
The particulars as per Form-XVII, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) are as under:-
1. Date of the accident 02/11/2019
2. Date of filing of Form-I - First Accident Report N.A. (FAR)
3. Date of delivery of Form-II to the victim(s) N.A.
4. Date of receipt of Form-III from the Driver N.A.
5. Date of receipt of Form-IV from the Owner N.A.
6. Date of filing of the Form-V-Interim Accident N.A. Report (IAR)
7. Date of receipt of Form-VIA and Form-VIB N.A. from the Victim(s)
8. Date of filing of Form-VII - Detailed Accident N.A. Report (DAR)
9. Whether there was any delay or deficiency on No the part of the Investigating Officer? If so, whether any action/ direction warranted?MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 8/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:19 +0530
10. Date of appointment of the Designated Officer Not mentioned by the Insurance Company
11. Whether the Designated Officer of the Insurance No Company submitted his report within 30 days of the DAR?
12. Whether there was any delay or deficiency on No the part of the Designated officer of the Insurance Company? If so, whether any action/ direction warranted?
13. Date of response of the petitioner(s) to the offer N.A. of the Insurance Company.
14. Date of the award 23/12/2023
15. Whether the petitioner (s) was/were directed to Yes open savings bank account(s) near their place of residence?
16. Date of order by which claimant(s) was/were 25/01/2023 directed to open savings bank account(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 claimant(s) and make an endorsement to this effect on the passbook.
17. Date on which the claimant(s) produced the 05/10/2023 passbook of their savings bank account near the place of their residence along with the endorsement, PAN Card and Adhaar Card?
18. Permanent Residential Address of the Address of petitioner/s Claimant(s). Nangla Barua, Pali Khurd, Etawah, U.P. MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 9/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:12:24 +0530 AND H.No. 303, Pandit Mohalla,Village Kundli, Delhi-1 10096.
19. Whether the claimant(s) savings bank account(s) Yes is near his place of residence?
20. Whether the claimant(s) was/were examined at Yes the time of passing of the award to ascertain his/their financial condition?
COMMON AWARD/JUDGMENT FACTUAL POSITION
1. These five separate petitions U/s 166 r/w Section 140 of M.V. Act were filed on 14/01/2020 seeking compensation in respect of the death of one Smt. Sudha W/o Sh. Shrichandra ( hereinafter referred to as "deceased S."), second in respect of death of one Sh. Rohit Yadav S/o Sh. Roop Chand (hereinafter referred to as "deceased R.Y."), third in respect of death of one Smt. Meena Yadav W/o Sh. Roop Singh Yadav (hereinafter referred to as "deceased M.Y.") fourth in respect of death of one Sh. Mohit MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 10/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:29 +0530 Yadav S/o Sh. Roop Chand (hereinafter referred to as "deceased MT.") and fifth in respect of injuries sustained by injured Smt. Kirti Yadav W/o Late Sh. Rohit Yadav (hereinafter referred to as " injured K.Y.") in a motor vehicular accident which took place on 02.11.2019 at about 11.30 A.M. at a spot on Lucknow Expressway. As per above petitions, all the deceased persons & injured were travelling to Delhi from Agra in a Car bearing registration no. DL-14CD-7511 and were going to Gram Nagla Chuni, Pali Khurd from Delhi and When the said Car reached at the spot of accident, a Truck bearing registration no. HR-38-S-8350 (hereinafter referred to as "offending vehicle"), which was going ahead of the said Car. It is further stated that the Truck was being driven in a rash and negligent manner and in zig-zag manner and all of sudden the driver of the Truck left his lane and came on the line of the Car and struck against the Car. It is further stated that due to this impact all the occupants of the Car sustained grievous injuries and Smt. Sudha, Rohit Yadav, Mohit Yadav and Smt. Meena Yadav died due to the said injuries. It is further stated that Smt. Kirti Yadav sustained grievous injuries and simple injury was caused to Ms. Sona in the accident. It is further stated that the accident took place due to negligence and carelessness of the aforesaid Truck driven by its driver who did not care at all for the other vehicles moving on the road. First four petitions were consolidated for final disposal vide order dated 25.01.2023 passed by the Ld. Predecessor of this Tribunal. However, fifth petition bearing MACT No.692/20 inadvertently MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 11/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors. Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:33 +0530 could not be clubbed on the said date and same was also clubbed on 09.11.2023. As per petitions, an FIR no. 461/19 PS Fatehbad, Agra u/s 279/337/338/304A/427 IPC. was registered in respect of the above accident.
It is further stated that the driver of the offending vehicle was driving the same in a rash and negligent manner. R-1 is the driver of the offending vehicle R-2 is the owner of the offending vehicle and R-3 is the insurer of the offending vehicle.
1.1 As per petitioner ( in MACT No. 70/20 for Grant of Compensation in respect of the death of deceased S.), at the relevant time deceased S. was 47 years old and was housewife. Deceased S. was survived only by his husband and son. Petitioners seek compensation to the tune of Rs. 50 Lakhs in respect of the untimely death of deceased S. in the above accident.
1.2 As per petitioners ( in MACT No. 69/20 for Grant of Compensation in respect of the death of deceased R.Y), at the relevant time deceased R.Y.. was 28 years old and was doing service on contract. Deceased R.Y. is stated to be survived only by his wife, daughter and father ( i.e. petitioners). Petitioners seek compensation to the tune of Rs. 50 Lakhs in respect of the untimely death of deceased R.Y. in the above accident.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 12/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:12:38 +0530 1.3 As per petitioner ( in MACT No. 71/20 for Grant of Compensation in respect of the death of deceased M.Y.), at the relevant time deceased M.Y. was 43 years old and was housewife. Deceased M.Y. was survived only by her husband, daughter-in-law and granddaughter.
Petitioners seek compensation to the tune of Rs. 50 Lakhs in respect of the untimely death of deceased M.Y. in the above accident.
1.4 As per petitioner ( in MACT No. 72/20 for Grant of Compensation in respect of the death of deceased MT.), at the relevant time deceased MT. was 27 years old and was doing tuition work. Deceased MT. was survived only by his father. Petitioners seek compensation to the tune of Rs. 50 Lakhs in respect of the untimely death of deceased M.Y. in the above accident.
1.5 As per injured ( in MACT No. 73/20 for Grant of Compensation in respect of the injuries sustained by injured K.Y), at the relevant time the injured was 23 years old and was housewife. Petitioner seeks compensation to the tune of Rs. 50 Lakhs in respect of the grievous injuries in the above accident.
1.6 Notice of these petitions were issued to all the respondents.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 13/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:43 +0530 COMMON PLEADINGS IN ALL THE MATTER
2. A joint Written Statement was filed by R-1 and R-2 ( driver and owner of the offending vehicle) wherein the averments of the petitioners have been declined in toto. It is claimed that the offending vehicle was not involved in any accident as claimed by the petitioners. However, it is stated that since the offending vehicle was covered by an insurance policy issued by R- 3/Insurance Company, therefore the liability, if any, is to be borne by R-3/ Insurance Company.
3. R-3/ Insurance Company filed a written statement claiming that the accident took place only because of the negligence of the driver of the car who rammed his vehicle into the rear of the offending vehicle. However, it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself in favour of R-2.
COMMON ISSUES IN CASES BEARING MACT Nos. 70/20, 71/20, 72/20 & 73/20
4. Vide order dated 25.01.2023 the following consolidated issues were framed by the Ld. Predecessor of this Tribunal :-
(1) Whether the deceased Ms. Sudha, Ms. Meena Yadav and Sh. Mohit Yadav suffered fatal injuries and petitioner Ms. Kirti Yadav suffered injuries in an accident that took place on 02/11/2019 at about 11.30 MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 14/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:47 +0530 AM involving vehicle bearing registration No. HR-38- S-8350 driven by the Respondent No. 1 rashly and negligently, owned by the Respondent No.2 and insured with the Respondent No. 3? OPP.
(2) Whether the Petitioner/s are entitled for compensation? If so, to what amount and from whom?
(3) Relief.
ISSUES IN CASE NO. 69/20 (For Grant of Compensation in respect of the death of deceased R.Y.)
5. Vide order dated 27.07.2022 the following issues were framed by the Ld. Predecessor of this Tribunal :-
(1) Whether the deceased Sh. Rohit Yadav suffered fatal injuries in an accident that took place on 02/11/2019 at about 11.30 AM involving vehicle bearing registration No. HR-38-S-8350 driven by the Respondent No. 1 rashly and negligently, owned by the Respondent No.2 and insured with the Respondent No. 3? OPP.
(2) Whether the Petitioners are entitled for compensation? If so, to what amount and from whom?
(3) Relief.MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 15/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods CarrierDigitally & Ors.
signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:51 +0530 EVIDENCE IN MACT No. 70/20 (For Grant of Compensation in respect of the death of deceased S.)
6. Petitioner No. 1 Shrichandara examined himself as PW-1. PW-1, vide his affidavit Ex. PW1/A, deposed that the deceased lost her life due to the motor vehicular accident as mentioned in para no. 1 of this award. He further stated that at the relevant time, the deceased S. was aged about 47 years old and was housewife. He further deposed that the deceased S. was survived by her husband and son. He relied upon the certified copy of criminal proceeding U/s 174 Cr.P.C and post mortem report of Smt. Sudha are Ex.PW-1/2 (Colly). He was cross examined by Ld. Counsel for R-3/ Insurance Company. In his cross-examination he deposed that he is not an eye witness to the accident.
6.1 PE was then closed on 26.07.2023.
6.2 R-2 examined himself as R-2W-1 in his defence vide his affidavit Ex.R-2W-1/A. He was cross examined by Ld. Counsel for petitioners as well as by Ld. Counsel for R-3/ Insurance Company. In his cross-examination he deposed that the vehicle bearing registration no. HR- 38S-8350 was taken into possession by the police in the present case. He further deposed that criminal case is going on against him in respect of MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 16/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:12:56 +0530 accident in question. He further deposed that he had taken bail in the present case. He denied the suggestion that on 2.11.2019 he driving a truck bearing registration no. HR-38S-8350 in a zig zag manner or that all of sudden he had left the truck line and came on the line of the car. He further denied the suggestion that he had struck against the Car. He further denied the suggestion that the accident in question was caused by his negligence and carelessness. He further denied the suggestion that due to his negligence the occupants of car sustained grievous injury to the occupants of the car bearing registration no. DL-14CD-751.He further deposed that he was driving the truck at the speed of 40 kmph and he was going in his lane. He further deposed that the driver of car struck against his truck from behind. He further deposed that the driver of the car was negligent in causing the accident and the said accident was occurred due to negligence of car driver.
EVIDENCE IN 69/20 & 73/20 (For Grant of Compensation in respect of the death of deceased R.Y. and for Grant of Compensation in respect of in respect of injuries sustainted by injured K.Y.)
7. Petitioner No. 1 Kirti Yadav examined herself in both the aforementioned cases as PW-1, vide her affidavit Ex. PW1/A, deposed that the deceased was her husband who lost his life due to the motor vehicular accident as mentioned in para no. 1 of this award as well as she sustained grievous injuries in the accident in question. She relied upon the following MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 17/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:00 +0530 documents:-
''Ex PW-1/1 (OSR) (Colly) are medical treatment; Ex PW-1/2 (Colly) are original treatment bills; Ex.PW1/3 (OSR) (Colly) are copies of aadhar card of deceased & petitioners;
Ex.PW1/4 (OSR) (Colly) are copies of educational certificate of petitioner;
Ex.PW1/5 (OSR) (Colly) are copies of qualification certificate of petitioner;
Ex.PW1/6 are certified copy of FIR and proceedings u/s 174 and postmortem of Rohit Yadav.'' 7.1 She was cross examined by Ld. Counsel for the respondents. In her cross-examination she deposed that she is a graduate. She further deposed that her husband was not income tax payee. She further deposed that she has spent about Rs.8,00,000/- on treatment medicines, special diet, conveyance and attendant except the medical bills filed on record. She further deposed that there were five major persons and one of her minor daughter. She further deposed that the truck was proceeding on the right side of the divider. She further deposed that the car was struck on the back of truck. She denied the suggestion that husband was driving the car at high speed and in rash and negligent manner. She further denied the suggestion that the accident MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 18/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:05 +0530 occurred due to fast speed and negligence of her husband. She further denied the suggestion that the R-2 was driving his truck on the left side of the road. She further denied the suggestion that the R-2 was not negligent at the time of alleged incident.
7.2 Injured further examined Dr. B.Kanhar, MS (Ortho), from Aruna Asaf Ali Govt. Hospital, Delhi as PW-2. PW-2 proved the disability certificate issued in favour of petitioner already Ex PW2/2 as well as copies of assessment sheets vide Ex.PW2/1. As per said certificate, petitioner was found to have sustained 47% permanent physical impairment with respect to right upper limb and right lower limb. He further deposed that the petitioner will face difficulties in lifting heavy thing on right hand and also face difficulties in shifting on squatting position. He was cross examined by Ld. Counsel for R-3/ Insurance Company. In his cross examination he deposed that she will face difficulty in day to day life as she is having weakness in right hand for holding the heavy things and lifting heavy things. He denied the suggestion that the disability does not affect the day to activities.
7.3 PE was then closed on 12.04.2023.
7.4 Respondent's evidence was lead in the lead case bearing MACT MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 19/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:10 +0530 No. 70/20.
EVIDENCE IN CASE NO. 71/20 & 72/20 (For Grant of Compensation in respect of the death of deceased M.Y.) and (For Grant of Compensation in respect of the death of deceased MT.)
8. Petitioner No.1 Roop Singh Yadav examined himself as PW-1. PW-1, vide his affidavit Ex. PW1/A, deposed that the deceased M.Y & MT were his wife and son who lost their lives due to the motor vehicular accident as mentioned in para no. 1 of this award. He further stated that at the relevant time, the deceased M.Y. was aged about 43 years old and was housewife in petition bearing MACT No. 71/20 and deceased MT was aged about 27 years and was doing tuition work and earning Rs. 20,000/- per month. He relied upon the following documents:-
''Ex PW-1/1 (OSR) (Colly) are the copies of Adhar cards of petitioners and deceased;
Ex PW-1/2 (Colly) the certified copy of criminal proceedings u/s 174 Cr.P.C. alongwith postmortem report of deceased Meena Yadav and Mohit Yadav;
Ex.PW1/3 (OSR) (Colly) are the qualification certificate of Mohit Yadav.'' 8.1 He was cross-examined by Ld. Counsel for R-3/ Insurance Company. In his cross-examination he deposed that he was not present at the MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 20/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:13:15 +0530
spot nor he is an eye witness.
8.2 PE was then closed on 21.02.2023.
8.3 Respondent's evidence was lead in the lead case bearing MACT
No. 70/20.
FINDINGS
9. Oral submissions were advanced by Ld. Counsel for parties.
10. I have perused the record and my issue wise findings are as under:-
ISSUE NO. 1 ( In all the cases)
11. At the very outset, it may be noted that the procedure followed for proceedings conducted by an accident tribunal is similar to that followed by a civil court and in civil matters the facts are required to be established by preponderance of probabilities only and not by strict rules of evidence or beyond reasonable doubts, as are required in a criminal prosecution. The burden of proof in a civil case is never as heavy as in a criminal case, but in a claim petition under the M.V. Act, this burden is infact even lesser than that in a civil case. Reference in this regard can be made to the prepositions of MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 21/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:21 +0530 law laid down by the Hon'ble Supreme Court in the case of Bimla Devi and others Vs. Himachal Road Transport Corporation and others, reported in (2009) 13 SC 530, which were reiterated in the subsequent judgment in the case of Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096(Civil Appeal No.1082 of 2011) and also recently in another case Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303 etc.
12. In order to decide the present issue, we may look into the oral testimony of the eye witness i.e. PW-1 Smt. Kirti Yadav who is Petitioner No. 1 in case bearing MACT No. 69/20 as well as injured in the connected case bearing MACT No. 73/20. PW-1 deposed that on 02.11.2019 she was sitting in the Car bearing registration no. DL-14CD-7511 alongwith her family members namely her husband Rohit Yadav, Mohit Yadav, Smt. Sudha and her mother-in-law namely Meena Devi and daughter of Rohi Yadav namely Nancy@ Sona. She further deposed that the said Car was being drivern by Rohit Yadav in due precautions and they were going to Nangal Chuni, Pal Pur from Delhi. She further deposed that when the aforesaid Car reached at Lucknow Expresss High Way at the distance of 33.500 K.M. from Agra at about 11.30 A.M, at that time a Truck bearing registration no. HR- 38S-8350 which was going ahead of said Car, the Truck was being driven in a fast speed, negligent manner and zig zag manner and all of sudden the MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 22/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:13:28 +0530 driver of the said Truck left his lane and came on the lane of the Car and struck against the Car. She further deposed that due to this forceful impact all the occupants of the Car sustained grievous injuries and due to injuries Smt. Sudha, Rohit Yadav, Mohit Yadav and Meena Yadav died and she sustained grievous injuries and Sona sustained simple injuries. She further deposed that this accident was caused due to negligence and carelessness of the driver of the Truck and the driver of the Truck did not care at all for the other vehicles moving on the road. She further deposed that she was treated in Rainbow Health Care Hospital, Agra, UP where she remained admitted from 02.11.2019 to 13.11.2019 and was treated and operated in the said Hospital and thereafter she was admitted in Moga Medical Centre, Krishan Nagar, Delhi on 15.10.2021 and was discharged on 16.10.2021. She was cross-
examined by Ld. Cousnel for the respondents. In her cross-examination she deposed that she is a graduate. She further deposed that her husband was not income tax payee. She further deposed that she has spent about Rs.8,00,000/- on treatment medicines, special diet, conveyance and attendant except the medical bills filed on record. She further deposed that there were five major persons and one of her minor daughter. She further deposed that the truck was proceeding on the right side of the divider. She further deposed that the car was struck on the back of truck. She denied the suggestion that husband was driving the car at high speed and in rash and negligent manner. She further denied the suggestion that the accident occurred due to fast speed and MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 23/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:13:33 +0530 negligence of her husband. She further denied the suggestion that the R-2 was driving his truck on the left side of the road. She further denied the suggestion that the R-2 was not negligent at the time of alleged incident. The above oral testimony of PW-1 has gone unrebutted and unchallenged qua R-1 and R-2. In totality, PW-1 Kirti Yadav seems to have withstood the test of cross examination as R-3 (insurer of the offending vehicle) could not bring any material on record which could discredit the oral testimony of PW-1 Kirti Yadav. During cross examination by all the respondents she reiterated that the accident took place due to rashness and negligence of R-1. As such, this Tribunal finds the oral testimony of PW-1 Kirti Yadav to be reliable and trustworthy. So far as the plea taken by the R-3/ Insurance Company that there is no eye witness of the accident, the said plea is baseless as Kirti Yadav was an eye witness and also sustained injuries in the said accident and her account is trustworthy and reliable.
13. The very fact that R-1 has already been charge-sheeted for the offences punishable under Sections 279/337/338/304A/427 IPC in the above criminal case/FIR in itself is a strong circumstance to support the above oral testimony of petitioners on these issues. The certified copies of FIR, Chargesheet, Mechanical inspection reports of offending vehicle Postmortem Reports of deceased persons as well as MLC of injured also corroborate the oral testimony of PW-1 Smt. Kirti Yadav.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 24/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:38 +0530
14. Besides the above, R-1 himself was the best witness who could have stepped into the witness box to challenge the deposition being made by PW-1 regarding the above accident and its manner etc., but he has not done so. Therefore, an adverse inference on this aspect is also required to be drawn against the respondents in view of the law laid down in case of Cholamandalam M.S. General Insurance Company Ltd. Vs. Kamlesh, reported in 2009 (3) AD (Delhi) 310.
14.1 With regard to the plea of the R-3/ Insurance Company that the accident took place due to rashness of Rohit Yadav who was driving a Car, the said plea could not be substantiated by the evidence. As per Kirti Yadav the Car was being driven at a speed of 50-60 kmph and the accident happened due to rashness and negligence of the Truck driver and the said fact seems to be reasonable and plausible. Further, the mere fact that the Car hit the Truck from behind cannot rule out the possibility of negligent driving by Truck driver. Therefore, the said plea is dismissed being vague.
15. In view of the above, it could be safely assumed that at the relevant time the offending vehicle being driven by R-1suddenly swerved into the lane of the car and then applied emergency brakes, due to which the car rammed into the rear of the offending vehicle.
16. This Tribunal now proceeds to assess the wrongful act, neglect MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 25/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:43 +0530 or default of R-1, if any, in driving the offending vehicle at the relevant time. Admittedly, R-1 has not explained the circumstances under which his vehicle (i.e. the offending vehicle) suddenly swerved into the lane of the car and then emergency brakes were applied to it (the offending vehicle), due to which the car rammed into the rear of the offending vehicle. In the absence of any averment or evidence regarding any mechanical defect in the offending vehicle or any material depicting any negligent/sudden act or omission on the part of the driver of the car, the only inference possible in the given facts and circumstances is that of neglect and default on the part of R-1 in driving the offending vehicle at the relevant time.
17. In view of the Postmortem Reports/ medical records placed on the judicial files by the respective petitioners, no dispute is left regarding the death of the deceased S, deceased R.Y, deceased M.Y., deceased MT and injured K.Y. in the above accident.
18. In view of the above discussion, this Tribunal holds that the deceased deceased S, deceased R.Y, deceased M.Y., and deceased MT died on account of neglect and default of R-1 and injured Kirti Yadav suffered grievous injuries while driving the offending vehicle at the relevant time. All these issues are thus decided against the respondents and in favour of the petitioners in all the three cases.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 26/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:48 +0530 ISSUE NO. 2 ( COMMON IN ALL THE MATTERS)
19. As this Tribunal has already held that R1 was responsible for the fatal injuries sustained by deceased and injured Kirti Yadav, therefore, the petitioner(s) in all the cases are entitled to be compensated justly. Computation of the compensation shall be decided separately for all the sets of petitioners in the following paragraphs :-
COMPENSATION IN CASE NO. CASE No. 70/20 (For Grant of Compensation in respect of the death of deceased S.)
20. The compensation to which the petitioner is entitled shall be under the following heads:-
(i) LOSS OF DEPENDENCY
21. In this regard, the Petitioner No. 1 has examined himself as PW- 1 and deposed that at the relevant time, the deceased S. was a housewife and was survived only by his husband and son. In the absence of any cogent evidence regarding the income of the deceased, in the facts and circumstances, it would be appropriate to assess the monthly income of the deceased as per the minimum wages payable to an Unskilled-Person in Delhi at the time of accident i.e. 02.11.2019 were Rs.,14,842/- per month.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 27/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:52 +0530
22. Petitioners have claimed that the deceased was aged about 47 years at the time of his death. They have also placed on record the copy of Aadhar card of the deceased Ex.PW1/1, as per the said document, the date of birth of deceased was 01.01.1973. The date of accident is 02.11.2019.
Going by the copy of Aadhar Card of the deceased, the age of deceased would be around 46 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '13' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
23. Coming to the dependency of deceased at the time of accident, it may be observed that the deceased is survived by his husband and one children.
24. Irrespective of this, one third of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 46 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 28/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:13:56 +0530 held entitled to an addition of 25% of the above amount of his earnings towards future prospects.
25. Thus, the loss of dependency qua the deceased in the present case comes to Rs.19,29,460/- (rounded off) (Rs.14,842/- X 125/100 X 2/3 X 12X 13). This amount is awarded to the petitioners under this head.
(ii) COMPENSATION UNDER NON-PECUNIARY HEADS
26. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Spousal Consortium : Rs. 44,000/-
Parental Consortium : Rs. 44,000/- (Rs. 44,000/- X 1)
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 29/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:14:01 +0530
27. Hence, the petitioners are awarded a total sum of Rs.1,28,000/- (Rs.20,000/- + 20,000/- + Rs.88,000/-) under this head.
COMPENSATION IN CASE NO. CASE No. 69/20 (For Grant of Compensation in respect of the death of deceased R.Y.)
(i) LOSS OF DEPENDENCY
28. In this regard, the petitioners have examined Petitioner No. 1 as PW1 and she deposed that at the relevant time, the deceased R.Y. was 28 years old and was doing service on contract. Deceased R.Y. is stated to be survived only by his wife, daughter and father ( i.e. petitioners). However, there is no material available on record which could corroborate the claim of PW-1 as to the monthly earnings of the deceased. In the facts and circumstances, it would be appropriate to assess the monthly income of the deceased as per the minimum wages payable to a Graduate-Person in Delhi at the time of accident i.e. 02.11.2019 were Rs.19,572/- per month
29. Petitioners have claimed that the deceased was aged about 28 years at the time of his death. They have also placed on record the copies of Aadhar Card of the deceased, as per the said document, the date of birth of deceased was 22.10.1991. The date of accident is 02.11.2019. Going by the copy of Aadhar Card Ex. PW1/3 (Colly) as well as copies of educational certificates of the deceased Ex.PW1/5 (Colly), the age of deceased would be MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 30/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:14:06
+0530
around 28 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '17' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
30. Coming to the dependency of deceased at the time of accident, it may be observed that the deceased is survived by his wife, daughter and father.
31. Irrespective of this, one third of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 28 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also held entitled to an addition of 40% of the above amount of his earnings towards future prospects.
32. Thus, the loss of dependency qua the deceased in the present case comes to Rs.37,26,509/- (rounded off) (Rs.19,572/- X 140/100 X 2/3 MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 31/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:14:10 +0530 X 12X 17). This amount is awarded to the petitioners under this head.
(ii) COMPENSATION UNDER NON-PECUNIARY HEADS
33. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Spousal Consortium : Rs. 44,000/- Parental Consortium : Rs. 44,000/- (Rs. 44,000/- X 1) Filial Consortium : Rs. 44,000/- (Rs. 44,000/- X 1) 34. Hence, the petitioners are awarded a total sum of
Rs.1,72,000/- (Rs.20,000/- + 20,000/- + Rs.1,32,000/-) under this head.
COMPENSATION IN CASE NO. CASE No. 71/20 (For Grant of MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 32/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:14:14 +0530 Compensation in respect of the death of deceased M.Y.)
(i) LOSS OF DEPENDENCY
35. In this regard, the petitioners have examined Petitioner No. 1 as PW-1 and he deposed that at the relevant time, the deceased M.Y. was a housewife and was survived only by his husband, daughter-in-law and Grand Daughter. In the absence of any cogent evidence regarding the income of the deceased, it would be appropriate to assess the monthly income of the deceased as per the minimum wages payable to a Matriculates-Person in Delhi at the time of accident i.e. 02.11.2019 were Rs.17,991/- per month.
36. Petitioners have claimed that the deceased was aged about 43 years at the time of her death. They have also placed on record the copy of Aadhar Card Ex.PW1/1, as per the said document, the year of birth of deceased was 1976. The date of accident is 02.11.2019. Going by the copy of Aadhar Card of the deceased and, the age of deceased would be around 43 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '14' is MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 33/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:14:19 +0530 held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
37. Coming to the dependency of deceased at the time of accident, it may be observed that the deceased is survived by his husband, daughter-in-
law and Grand-daughter. However, Petitioner No. 1 is considered to be dependent upon the deceased.
38. Irrespective of this, one half of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 43 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also held entitled to an addition of 25% of the above amount of his earnings towards future prospects.
39. Thus, the loss of dependency qua the deceased in the present case comes to Rs.18,89,055/- (Rs.17,991/- X 125/100 X 1/2 X 12 X 14). This amount is awarded to the petitioners under this head.
(ii) COMPENSATION UNDER NON-PECUNIARY HEADS
40. In terms of propositions laid down by the Hon'ble Supreme MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 34/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:14:24 +0530 Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Spousal Consortium : Rs. 44,000/- 41. Hence, the petitioners are awarded a total sum of
Rs.84,000/- (Rs.20,000/- + 20,000/- + Rs.44,000/-) under this head.
COMPENSATION IN CASE NO. CASE No. 72/20 (For Grant of Compensation in respect of the death of deceased MT.)
(i) LOSS OF DEPENDENCY
42. In this regard, the petitioner has examined himself as PW1 and deposed that at the relevant time, the deceased MT. was 27 years old and was giving tuitions work. Deceased MT. is stated to be survived only by his father. However, there is no material available on record which could corroborate the claim of PW-1 as to the monthly earnings of the deceased.MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 35/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:14:28 +0530 In the facts and circumstances, it would be appropriate to assess the monthly income of the deceased as per the minimum wages payable to a Graduate-Person in Delhi at the time of accident i.e. 02.11.2019 were Rs.19,572/- per month
43. Petitioner has claimed that the deceased was aged about 28 years at the time of his death. He has also placed on record the copy of Aadhar card of the deceased Ex. PW1/1 as per the said document, the year of birth of deceased was 1992. The date of accident is 02.11.2019. Going by the copy of Aadhar Card of the deceased, the age of deceased would be around 27 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors.
SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '17' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
44. Coming to the dependency of deceased at the time of accident, it may be observed that the deceased is survived by his father.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 36/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:14:32 +0530
45. Irrespective of this, one half of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 27 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also held entitled to an addition of 40% of the above amount of his earnings towards future prospects.
46. Thus, the loss of dependency qua the deceased in the present case comes to Rs.27,94,882/- (rounded off) (Rs.19,572/- X 140/100 X 1/2 X 12X 17). This amount is awarded to the petitioners under this head.
(ii) COMPENSATION UNDER NON-PECUNIARY HEADS
47. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 37/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.Digitally signed by PANKAJ
PANKAJ SHARMA Date:
SHARMA 2023.12.23 15:14:39 +0530 Filial Consortium : Rs. 44,000/- (Rs. 44,000/- X 1)
48. Hence, the petitioners are awarded a total sum of Rs.84,000/- (Rs.20,000/- + 20,000/- + Rs.44,000/-) under this head.
COMPENSATION IN CASE NO. CASE No. 73/20 (For Grant of Compensation in respect of the injuries sustained by injured K.Y.)
49. In terms of provisions contained in Section 168 of the MV Act the compensation which is to be awarded by this tribunal is required to be 'just'. In the injury cases a claimant is entitled to two different kinds of compensations i.e. Pecuniary as well as non-pecuniary damages. The "pecuniary damages" or special damages are those damages which are awarded and designed to make good the losses which are capable of being calculated in terms of money and the object of awarding these damages is to indemnify the claimant for the expenses which he had already incurred or is likely to incur in respect of the injuries suffered by him in the accident. The "non-pecuniary" or general damages are those damages which are incapable of being assessed by arithmetical calculations. The pecuniary or special damages generally include the expenses incurred by the claimant towards his treatment, special diet, conveyance, cost of nursing/ attendant, loss of income/earning capacity etc. and the non-pecuniary damages generally include the compensation for the mental or physical shock, pain and MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 38/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:14:44 +0530 sufferings, loss of amenities of life, marriage prospects and disfiguration etc. The above categories falling under both the heads of compensation are not exhaustive in nature but only illustrative. It is also necessary to state here that no amount of money or compensation can put the injured/claimant exactly in the same position or place where he was before the accident and an effort is to be made only to reasonably compensate him or to put him almost in the same place or position where he could have been if the alleged accident had not taken place and this compensation is to be assessed in a fair, reasonable and equitable manner. The object of compensating him is also not to reward him or to make him rich in an unjust manner. It is also well settled that the 'just' compensation to be awarded to the claimant has to be calculated objectively and it may involve some guess work in calculating the different amounts which the claimant may be entitled under the different heads of compensation. Further, in case of permanent disability, the assessment of compensation under the head of loss of future earning, would depend upon the effect and impact of such permanent disability on his earning capacity. Reference in this regard can be made on some of important judgments on the subject like the judgment in the case of R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd., AIR 1995 SC 755, Arvind Kumar Mishra Vs. New India Assurance Company Limited, (2010) 10 SCC 254 and Raj Kumar Vs. Ajay Kumar & Anr., (2011) 1 SCC 343.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 39/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:14:48 +0530
50. In light of the above legal propositions, the amount of compensation which can be considered to be 'just' in the opinion of this tribunal shall be as under:-
(i) Medical or Treatment Expenses
51. As stated above, the petitioner has placed on record his medical treatment record as well as medical bills, the petitioner suffered grievous injuries. The petitioner has filed medical bills to the tune of Rs.3,86,996.04/- In the absence of any contest to the said documents (placed on record by the petitioner), the petitioner is held entitled to an amount of Rs.3,86,996/- (rounded off) under this head.
(ii) Pain and Suffering
52. As per medical documents, the petitioner has suffered grievous injuries and also sustained 47% permanent disability. As per disability certificate no. 1679 dated 02.12.2021 Ex. PW2/2 issued by Aruna Asaf Ali Government Hospital, Delhi, petitioner is a case of "#Humerues ( R ) with Hip Dislcation ( Right) '' and was found to have sustained 47% permanent physical impairment with respect to right upper limb & right lower limb. The aforementioned certificate was issued in terms of the directions of this Tribunal vide order dated 14.09.2021. Accordingly, the aforementioned disability certificate could be read in evidence in terms of the observations MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 40/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:14:53 +0530 made by the Hon'ble Supreme Court of India in Bajaj Allianz General Insurance Company Ltd. Vs Union of India in Writ Petition (s) (Civil ) No
(s). 534/2020 date of order 16/11/2021. It is not possible to quantify the compensation admissible to petitioner for the shock, pain and sufferings etc. which he actually suffered because of the above injuries, but as stated above, an effort has to be made to compensate him for the same in a just and reasonable manner. Hence, keeping in view the extent and nature of the injuries suffered by petitioner and duration of the treatment taken by him etc., an amount of Rs.1,00,000/- is being awarded to him towards pain and sufferings during the said period of him treatment and immobility. Thus, he is awarded a total amount of Rs. 1,00,000/- under this head.
(iii) Loss of income
53. In her affidavit Ex. PW1/A, the petitioner claims that she is a housewife. The discharge summaries placed on record by petitioner reflect that the petitioner sustained a grievous injuries which resulted into 47% permanent impairment disability with respect to right upper limb & right lower limb. The above documents are sufficient to uphold the claim of the petitioner to the effect that she was unable to resume her work since the date of accident. The income of a homemaker has to be quantified and same is considered to be Rs.19,572/- per month. In view of the nature of the injuries sustained by the injured it could be safely assumed that the injured has MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 41/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:14:58 +0530 become unfit for work for rest of her life after the accident and she could not have rendered household services for about 06 months due to the injuries. As per relevant notification, the minimum wages admissible to a Graduate Person as on 02/11/2019 in Delhi the earnings was Rs.19,572/-.As such, the petitioner is held entitled to a sum of Rs.1,17,432/- (Rs.19,572/- X 6). The said sum is awarded to the injured under this head.
(iv) Loss of future earnings due to disability
54. The injured claimed in her affidavit Ex. PW1/A that she has has become permanently disabled after the accident and could not perform her work like before. Admittedly, injured has suffered 47% permanent physical impairment with respect to right upper limb & right lower limb. The above disability has certainly compromised her future avenues and working capacity. The above disability would definitely reduce her working capacity as a homemaker. Further, due to the accident and consequent permanent physical impairment with respect to her right upper limb & right lower her future earnings would be significantly affected. In this background, it has been argued on behalf of the injured that the injured is unable to work efficiently and which is affecting her future promotion and progress. Accordingly, it has been prayed that the injured may be treated as a case of maximum physical disability and the loss of earning capacity may also be treated as 47%.This Tribunal is of the considered opinion that the permanent physical impairment to the extent of 47% with respect to right upper limb & MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 42/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:15:02 +0530 right lower limb would certainly affect her working capacity, future prospects and therefore in the facts and circumstances, this Tribunal holds that the working capacity has reduced to 47% and the functional disability of injured is hereby assessed @ 47%. Admittedly, the injured's monthly income has already been assessed as Rs.19,572/-. As far as the age of injured at the time of accident is concerned, we may look into the photocopy of injured's Aadhar Card which are Ex. PW1/3 as well as photocopies of educational qualifications of injured Ex. PW14 (Colly), as per the said document, the date of birth of petitioner is 15.10.1996. As per the said document, the age of petitioner at the time of accident (i.e. 02.11.2019) would be 23 years. Therefore, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr.,(2009) 6 SCC 121, which has also been upheld by the Constitution Bench of the Hon'ble Supreme Court in a recent judgment dated 31.10.2017 given in the case of National Insurance Company Ltd. vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, the multiplier of '18' is held applicable for calculating the loss of future earnings of petitioner arising out of her above disability. The petitioner is also entitled to future prospects as per the observations made by a Three Judge Bench of Hon'ble Supreme Court in Erudhaya Priya Vs. State Express Transport Corporation Ltd., MANU/SC/0545/2020 [please see para 7 (b)]. As per National Insurance Company Ltd. Vs. Pranay Sethi & Ors., the MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 43/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:15:07 +0530 petitioner is entitled to grant of 40% of his established income towards loss of future prospects. Thus, the loss of future earnings of petitioner due to his above injury and permanent disability comes to Rs.27,81,729/- (rounded off) (Rs.19,572/- X 140/100 X 47/100X 12 X 18) and the same is being awarded to him under this head.
(v) Conveyance, Attendant Charges and Special Diet
55. In view of the nature of injuries sustained by the petitioner, the extent of permanent physical disability and the extended period of medical treatment, the petitioner is granted a sum of Rs. 50,000/- each under these heads.
(vi) Loss of amenities of life and disfigurement
56. In view of the nature of injuries sustained by the petitioner, the extent of permanent physical disability and the extended period of medical treatment, the petitioner is granted a sum of Rs. 50,000/- each under these heads.
ISSUE NO.3 / RELIEF
57. The petitioners (IN CASE NO. 70/20 (For Grant of Compensation in respect of the death of deceased S.) are thus awarded a sum of Rs. 20,57,460/-( Rupees Twenty Lakhs Fifty Seven Thousand MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 44/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:15:11 +0530 Four Hundred Sixty Only) (Rs. 19,29,460/- + Rs. 1,28,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.14.01.2020. Since no interim compensation has been awarded, therefore no deduction is applicable.
58. The petitioners (IN CASE NO. 69/20 (For Grant of Compensation in respect of the death of deceased R.Y.) are thus awarded a sum of Rs.38,98,509/- (Rupees Thirty Eight Lakhs Ninety Eight Thousand Five Hundred Nine Only) (Rs.37,26,509/- + Rs. 1,72,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.14.01.2020. Since no interim compensation has been awarded, therefore no deduction is applicable.
59. The petitioners (IN CASE NO. 71/20 (For Grant of Compensation in respect of the death of deceased M.Y.) are thus awarded a sum of Rs.19,73,055/- (Rupees Nineteen Lakhs Seventy Three Thousand Fifty Five Only) (Rs. 18,89,055/- + Rs. 84,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.14.01.2020 Since no interim compensation has been awarded, therefore no deduction is applicable.
60. The petitioner (IN CASE NO. 72/20 (For Grant of Co mpensation in respect of the fatal injuries sustained by deceased MT.) is thus awarded a sum of Rs.28,78,882/- (Rupees Twenty Eight Lakhs MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 45/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:15:16
+0530
Seventy Eight Thousand Eight Hundred Eighty Two Only)
(Rs.27,94,882/- + Rs.84,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.14.01.2020 Since no interim compensation has been awarded, therefore no deduction is applicable.
61. The injured (IN CASE NO. 73/20 (For Grant of Compensation in respect of the injuries sustained by injured K.Y.) is thus awarded a sum of Rs.36,36,157/- (Rupees Thirty Six Lakhs Thirty Six Thousand One Hundred Fifty Seven Only) (Rs.3,86,986/- + Rs.1,00,000/- + Rs.1,17,432/- + Rs.27,81,729/- + Rs.50,000/- + Rs.50,000/- + Rs.50,000/- + Rs.50,000/- + Rs.50,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.14.01.2020 Since no interim compensation has been awarded, therefore no deduction is applicable.
RELEASE IN CASE NO. 70/20 (For Grant of Compensation in respect of the death of deceased S.)
62. On 12.09.2023 & 05.10.2023, statement of petitioners qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per their statements, their household expenditure is Rs. 20,000/- each per month. Photocopy of the passbook of the bank account of the petitioners MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 46/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:15:21 +0530 maintained with SBI, Branch : Noida Main, UP was also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners apart from two coloured photographs of the petitioners.
63. Out of the awarded amount, Petitioner No. 1 is awarded a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 100 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 100 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in his saving/MACT Claims SB Account bearing No. 42212528289, IFSC Code - SBIN0005936 (PAN No. ERKPS5313F) on monthly basis. The remaining amount of Rs. 4,31,918/-(Rupees Four Lakhs Nine Hundred Eighteen Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioner No. 1.
63.1 Out of the awarded amount, Petitioner No. 2 is awarded a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 47/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:15:26 +0530 MACAD in the form of 10 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 10 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in his saving/MACT Claims SB Account bearing No. 42262704030, IFSC Code - SBIN0005936 (PAN No. LTSPK3198P) on monthly basis, the account maintained with SBI, Branch - Noida Main up. The remaining amount of Rs.70,213/-(Rupees Seventeen Thousand Two Hundred Thirteen Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioner No. 2 RELEASE IN CASE NO. 69/20 (For Grant of Compensation in respect of the death of deceased R.Y.)
64. On 12.09.2023, statement of Petitioners qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per their statements, their household expenditure is Rs. 20,000/- each per month. Photocopy of the passbook of the bank account of the Petitioners maintained with SBI, Branch : Noida Main, UP & Kondli, Mayur Vihar, Delhi was also MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 48/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:15:31 +0530 placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners apart from two coloured photographs of the petitioners.
65. Out of the awarded amount, Petitioner No. 1 is awarded a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 130 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 130 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in her saving/MACT Claims SB Account of bearing No. 42244379372, IFSC Code - SBIN0050376 (PAN No. ARVPY1285B) maintained with SBI, Branch - Kondli, Mayur Vihar Delhi. The remaining amount of Rs.4,72,025/- (Rupees Four Lakhs Seventy Two Thousand Twenty Fime only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioner No. 1.
66. Rs.15,36,012/- be kept in FDRs in the name of Petitioner No. 2 till she attains majority with cumulative interest. On attaining majority, the bank shall release the interest portion to Petitioners No. 2 in the saving bank MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 49/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:15:39
+0530
account bearing No. 42244539677, IFSC Code - SBIN0050376 ,both the accounts maintained with SBI, Branch - Kondli, Mayur Vihar Delhi and the principal amount of Rs.15,36,012/- be kept in 153 FDRs of Rs. 10,000/- each for a period of 1 month to 153 months with cumulative interest in the name of Petitioner No. 2.
67. Out of the awarded amount, Petitioner No. 3 is awarded a sum of Rs.4,00,000/- (Rupees Fourt Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 20 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 20 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in his savings/MACT Claims SB Account bearing No. 42212519706, IFSCCode:SBIN0005936 (PAN No. AFSPY6133R); maintained with SBI, Branch-Noida Main, UP on monthly basis. The remaining amount of Rs.1,12,004/- (Rupees Five Lakhs Twelve Thousand Four Only) is also directed to be released into his above said account, which can be withdrawn and utilized by the Petitioner No. 3.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 50/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:15:45
+0530
RELEASE IN CASE NO. 71/20 (For Grant of Compensation in respect of the death of deceased M.Y.)
68. On 05.10.2023, statement of Petitioners No. 1 & 2 qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per their statements, their household expenditure is Rs. 20,000/- each per month. Photocopy of the passbook of the bank account of the Petitioners maintained with SBI, Branch : Noida Main, UP & Kondli, Mayur Vihar, Delhi was also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners apart from two coloured photographs of the petitioners.
69. Out of the awarded amount, Petitioner No. 1 is awarded a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 100 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 100 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in his saving/MACT MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 51/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:15:50 +0530 Claims SB Account of bearing No. 42212519706 IFSC Code - SBIN0005936 (PAN No. AFSPY6133R) maintained with SBI, Branch - Noida Main, Delhi. The remaining amount of Rs.5,91,279/- (Rupees Five Lakhs Ninety One Thousand Two Hundred Seventy Nine Only) is also directed to be released into his above said account, which can be withdrawn and utilized by the Petitioner No. 1.
RELEASE IN CASE NO. 72/20 (For Grant of Compensation in respect of the death of deceased MT.)
70. On 05.10.2023, statement of Petitioner qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per his statement, his household expenditure is Rs. 20,000/- per month. Photocopy of the passbook of the bank account of the Petitioners maintained with SBI, Branch : Noida Main, UP Delhi was also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners apart from two coloured photographs of the petitioners.
71. Out of the awarded amount, Petitioner No. 1 is awarded a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 52/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:15:55
+0530
Delhi in MACAD in the form of 150 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 150 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in his saving/MACT Claims SB Account of bearing No. 42212519706 IFSC Code - SBIN0005936 (PAN No. AFSPY6133R) maintained with SBI, Branch - Noida Main, Delhi. The remaining amount of Rs.7,80,932/- (Rupees Seven Lakhs Eighty Thousand Nine Hundred Thirty Two Only) is also directed to be released into his above said account, which can be withdrawn and utilized by the Petitioner No. 1.
RELEASE IN CASE NO. 73/20 (For Grant of Compensation in respect of the injuries sustained by injured K.Y.)
72. On 12.09.2023, statement of injured qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per her statement, her household expenditure is Rs. 20,000/- per month. Photocopy of the passbook of the bank account of the injured maintained with SBI, Branch : Kondli, Mayur Vihar, Delhi was also placed on record at that time.
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 53/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:16:01
+0530
Photocopies of Aadhar Card and PAN Card were also placed on record by the injured apart from two coloured photographs of the petitioners.
73. Out of the awarded amount, injured is awarded a sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 180 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 180 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in her saving/MACT Claims SB Account of bearing No. 42244379372, IFSC Code - SBIN0050376 (PAN No. ARVPY1285B) maintained with SBI, Branch - Kondli, Mayur Vihar Delhi. The remaining amount of Rs.11,75,486/- (Rupees Eleven Lakhs Seventy Five Thousand Four Hundred Eighty Six Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the injured.
LIABILITY
74. As already stated above, R-1 being the driver and principal tortfeasor and R-2 being owner of the offending vehicle, and also being vicariously liable for the acts of R-1, are jointly and severally liable to pay MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 54/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:16:06 +0530 the awarded amount of compensation to petitioners. However, since the offending vehicle was insured with R-3 at the time of accident, therefore, R- 3/ Insurance Company is liable to indemnify R-2 in respect of above liability. As such R-3 is directed to deposit the above award amounts 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 Central, A/C No. 40743576901, IFSC Code SBIN0000726) under intimation to the petitioners 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 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors) along with interest @ 8% per annum, failing which it will be liable to pay interest at the rate of 12% per annum for the period of delay.
75. A digital copy of this award be provided to the parties. Ahlmad is directed to send a copy of the award to Ld. Metropolitan Magistrate concerned and Delhi Legal Services Authority in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial nos. 39, 40 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. Further Nazir is directed to maintain the record in Form XVIII in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 55/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:16:11 +0530 mentioned at serial no. 41 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)].
76. Ahlmad is also directed to e-mail an authenticated copy of the award to the insurer as directed by the Hon'ble Supreme Court of India in WP (Civil) No. 534/2020 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors. on 16.03.2021. Ahlmad shall also e-mail an authenticated copy of the award to Branch Manager, SBI, Tis Hazari Courts for information.
77. Ahlmad is further directed to comply with the directions passed by the Hon'be High Court of Delhi in MAC APP No. 10/2021 titled as New India Assurance Company Ltd. Vs. Sangeeta Vaid & Ors., date of decision :
06.01.2021 regarding digitisation of the records.
File be consigned to Record Room.
A separate file be prepared for compliance report and put up the Digitally signed same on 23/01/2024. PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:16:16 +0530 Announced in the open court (DR. PANKAJ SHARMA On this 23.12.2023 Judge, MACT-02 (CENTRAL) Delhi/23/12/2023 MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 56/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:16:20 +0530 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 02.11.2019
2. Name of the deceased : Smt. Sudha
3. Age of the deceased : 47 years
4. Occupation of the deceased : Housewife
5. Income of the deceased : As per minimum wages prevailing in Delhi for an Unskilled-Person at the relevant time
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Shreechandra 55 Years Husband of the deceased
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 57/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:16:25 +0530
(ii) Anand Kumar 23 Years Son of the deceased Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Monthly Income of Rs. 14,842/-
the deceased
8. Add-Future Prospects 25%
9. Less-Personal One Third deduction has been done.
expenses of the deceased
10. Monthly loss of Rs. 12,368,34/-
dependency MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 58/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:16:29 +0530
11. Annual loss of Rs. 1,48,420/- (rounded off) dependency
12. Multiplier '13'
13. Total loss of dependency Rs. 19,29,460/-
14. Medical Expenses NIL
15. Compensation for loss Rs. 88,000/-
of consortium
16. Compensation for loss NIL of love and affection
17. Compensation for loss Rs. 20,000/-
of estate MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 59/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:16:34 +0530
18. Compensation Rs. 20,000/-
towards funeral expenses
19.
TOTAL Rs.20,57,460/-
COMPENSATION
20.
RATE OF 8%
INTEREST
AWARDED
21.
Interest amount up to Rs. 6,44,671/- (rounded off) the date of award
22.
Total amount Rs.27,02,131/-
including interest
23.
Award amount P-1 Rs. 4,31,918/-
released
P-2 Rs.70,213/-
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 60/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:16:39 +0530
24. Award amount kept in As per award FDRs
25. Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 23/01/2024
compliance of the
award
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 61/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:16:44 +0530 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 02.11.2019
2. Name of the deceased : Sh. Rohit Yadav
3. Age of the deceased : 28 years
4. Occupation of the deceased : Private Service
5. Income of the deceased : As per minimum wages prevailing in Delhi for a Graduate Person at the relevant time
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Kirti Yadav 27 Years Wife of the deceased
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 62/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:16:49 +0530
(ii) Nancy Yadav 06 Years Daughter of the deceased
(iii) Roop Singh Yadav 59 Years Father of the deceased Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Monthly Income of Rs.19,572/-
the deceased
8. Add-Future Prospects 40%
9. Less-Personal One Third deduction has been done.
expenses of the deceased
10. Monthly loss of Rs. 18,267.20/-
dependency MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 63/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA
SHARMA Date:
2023.12.23
15:16:59 +0530
11. Annual loss of Rs.2,19,206.4/-
dependency
12. Multiplier '17'
13. Total loss of
dependency
Rs. 37,26,509/-(rounded off)
14. Medical Expenses NIL
15. Compensation for loss Rs. 1,32,000/-
of consortium
16. Compensation for loss NIL of love and affection
17. Compensation for loss Rs. 20,000/-
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 64/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier Digitally & Ors.
signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:03 +0530 of estate
18. Compensation Rs. 20,000/-
towards funeral expenses
19.
TOTAL Rs.38,98,509/-
COMPENSATION
20.
RATE OF 8%
INTEREST
AWARDED
21.
Interest amount up to Rs.12,21,533/- (rounded off) the date of award
22.
Total amount Rs.51,20,042/-
including interest
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 65/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:17:08
+0530
23.
Award amount P-1 Rs. 4,72,025/-
released
P-3 Rs.1,12,004/-
24.
Award amount kept in As per award
FDRs
25.
Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 23/01/2024
compliance of the
award
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 66/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:12 +0530 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 02.11.2019
2. Name of the deceased : Smt. Meena Yadav
3. Age of the deceased : 43 years
4. Occupation of the deceased : Private Service
5. Income of the deceased : As per minimum wages prevailing in Delhi for a Matriculates-Person at the relevant time
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Roop Singh Yadav 59 Years Husband of the deceased
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 67/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:17:16 +0530 Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Monthly Income of Rs.17,991/-
the deceased
8. Add-Future Prospects 25%
9. Less-Personal One half deduction has been done.
expenses of the deceased
10. Monthly loss of Rs.11,244.375/-
dependency
11. Annual loss of Rs.1,34,932.50/-
dependency MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 68/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:20 +0530
12. Multiplier '14'
13. Total loss of dependency Rs. 18,89,055/-
14. Medical Expenses NIL
15. Compensation for loss Rs. 44,000/-
of consortium
16. Compensation for loss NIL of love and affection
17. Compensation for loss Rs. 20,000/-
of estate
18. Compensation Rs. 20,000/-
towards funeral expenses MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 69/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:25 +0530
19.
TOTAL Rs.19,73,055/-
COMPENSATION
20.
RATE OF 8%
INTEREST
AWARDED
21.
Interest amount up to Rs.6,18,224/- (rounded off) the date of award
22.
Total amount Rs.25,91,279/-
including interest
23.
Award amount Rs.5,91,279/-
released
24.
Award amount kept in As per award
FDRs
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 70/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:29 +0530
25.
Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 23/01/2024
compliance of the
award
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 71/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:17:34 +0530 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 02.11.2019
2. Name of the deceased : Sh. Mohit Yadav
3. Age of the deceased : 27 years
4. Occupation of the deceased : Tuition Work
5. Income of the deceased : As per minimum wages prevailing in Delhi for a Graduate Person at the relevant time
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Roop Singh Yadav 59 Years Father of the deceased
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 72/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMAPANKAJ Date:
SHARMA 2023.12.23 15:17:39 +0530
(ii) Kirti Yadav 27 Years Daughter-in-law of the deceased
(iii) Nancy Yadav 06 Years Grand-Daughter of the deceased Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Monthly Income of Rs.19,572/-
the deceased
8. Add-Future Prospects 40%
9. Less-Personal One half deduction has been done.
expenses of the deceased
10. Monthly loss of Rs.13,700.40/-
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 73/82MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:45 +0530 dependency
11. Annual loss of Rs.1,64,404.80/-
dependency
12. Multiplier '17'
13. Total loss of dependency Rs.27,94,882/-(rounded off)
14. Medical Expenses NIL
15. Compensation for loss Rs.44,000/-
of consortium
16. Compensation for loss NIL MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 74/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.23 15:17:51 +0530 of love and affection
17. Compensation for loss Rs. 20,000/-
of estate
18. Compensation Rs. 20,000/-
towards funeral expenses
19.
TOTAL Rs.28,78,882/-
COMPENSATION
20.
RATE OF 8%
INTEREST
AWARDED
21.
Interest amount up to Rs.9,02,050/- (rounded off) the date of award
22.
Total amount Rs.37,80,932/-
including interest
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 75/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.23 15:17:57 +0530
23.
Award amount Rs.7,80,932/-
released
24.
Award amount kept in As per award
FDRs
25.
Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 23/01/2024
compliance of the
award
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 76/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:18:02 +0530 FORM - XVI, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE
1. Date of accident : 02.11.2019
2. Name of the injured : Kirti Yadav
3. Age of the injured : 23 years
4. Occupation of the injured : Housewife
5. Income of the injured : As per minimum wages prevailing in Delhi for a Graduate Person at the relevant time
6. Nature of injury : Grievous
7. Medical treatment taken by injured : Different Hospitals
8. Period of Hospitalization : Different Periods
9. Whether any permanent disability ? If yes, give details : YES MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 77/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:18:06
+0530
10. Computation of Compensation
S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(I) Expenditure on treatment Rs.3,86,996/-
(ii) Expenditure on conveyance Rs.50,000/-
(iii) Expenditure on special diet Rs.50,000/-
(iv) Cost of nursing/attendant Rs.50,000/-
(v) Cost of artificial limb NIL
(vi) Loss of earning capacity NIL
(vii) Loss of Income NIL
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 78/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:18:10 +0530
(viii) Any other loss which may Rs.1,17,432/- (loss of require any special treatment rendering services) or aid to the injured for the rest of his life
12. Non-Pecuniary Loss:
(i) Compensation for mental NIL
and physical shock
(ii) Pain and suffering Rs. 100,000/-
(iii) Loss of amenities of life Rs. 50,000/-
(iv) Disfiguration Rs.50,000/-
(v) Loss of marriage prospects NIL
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 79/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJ SHARMAPANKAJ Date:
SHARMA 2023.12.23 15:18:14 +0530
(vi) Loss of earning, N.A. 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 47% w.r.t. Right Upper assessed and nature of Limb & Right Lower Limb disability as permanent or temporary
(ii) Loss of amenities or loss of N.A expectation of life span on account of disability 47%
(iii) Percentage of loss of earning capacity in relation to disability MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 80/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors.
MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2023.12.23 15:18:19 +0530
(iv) Loss of future income - Rs.27,81,729/-
(Income x% Earning Capacity x Multiplier)
14. TOTAL Rs.36,36,157/-
COMPENSATION
15. INTEREST AWARDED 8% per annum
16. Interest amount up to the Rs. 11,39,329/-(rounded date of award off)
17. Total amount including Rs.47,75,486/-
interest
18. Award amount released Rs.11,75,486/-
19. Award amount kept in FDRs As per award MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 81/82 MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:18:24 +0530
20. Mode of disbursement of the Mentioned in the award award amount to the claimant(s).
21. Next date for compliance of 23.01.2024 the award.
CONCLUSION
1. As per award dated 23.12.2023.
2. A separate file is ordered to be prepared by the Nazir with directions to put up the same on 23.01.2024.
Digitally signed by PANKAJ SHARMA PANKAJ Date:
SHARMA 2023.12.23
15:18:31
+0530
(DR. PANKAJ SHARMA)
PO MACT-02 (CENTRAL)
DELHI/23.12.2023
MACT No. 70/20 Shrichandra & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. Page No. 82/82
MACT No. 69/20 Kirti Yadav & Ors. Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 71/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 72/20 Roop Singh Yadav & Ors Vs. M/s Bankey Bihari Goods Carrier & Ors. MACT No. 73/20 Kirti Yadav Vs. M/s Bankey Bihari Goods Carrier & Ors.
Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.23 15:18:36 +0530