Delhi District Court
Sonaley Dhar And Ors vs Parkash Chand And Ors on 9 May, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.605/2019
CNR No. DLSW01-009031/2019
FIR No. 38/2019
PS: Dalhousie, District Chamba
In the matter of :
1) Smt. Sonaley Dhar
W/o Late Karan Kumar Bhat
2) Pooja Bhat
D/o Sh. Romesh Kumar Bhat
3) Smt. Nirja Bhat
W/o Sh. Romesh Kumar Bhat
4) Sh. Romesh Kumar Bhat
S/o Sh. Chuni Lal Bhat
All R/o H. No.74, Gali No.14,
Kashmiri Colony,
Vetesta Enclave, Najafgarh,
Delhi-110043. ...(Petitioners)
Versus
1) Sh. Prakash Chand
S/o Sh. Mangat Ram
R/o Shakti Nagar,
Agura Wallah Bagh
Pathankot
Punjab-145001. ... (Driver)
2) M/s Atlas Transport (P) Ltd.
Dalhousie Road, Pathankot,
Punjab-145001. ...(Owner)
3) New India Assurance Co. Ltd.
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 1 of 22
S1 to S6, Plot No.9,
Plaza-1, Manish Link Road,
Sector-5, Dwarka, New Delhi-110075.
.... (Insurance company)
... Respondents
Date of Institution : 16.07.2019
Date of judgment : 09.05.2025
AWAR D
Preface
1. Separate applications under section 166 read with 140
M.V. Act seeking compensation for death of (i) Karan Kumar
Bhatt, (ii) Yaruingam Awungshi Shimray AND bodily injury to
(iii) Sandeep Naag and (iv) Faraz Shamim Khan in motor vehicle
accident being subject matter of FIR No.38/2019 PS Dalhousie,
District Chamba, Himachal Pradesh are taken up together to be
decided simultaneously.
Background
2. Brief facts culled from application read with Final Report
under section 279/337/338/304A IPC are that Karan Kumar Bhatt
travelling in Bus No.PB-06C-4147 from Pathankot to Dalhousie
died in road accident on 27.04.2019 at about 07:10 pm after
respondent Prakash Chand (driver) failed to control the vehicle
ahead of Panchpula towards Banikhet, Dalhousie, District
Chamba, Himachal Pradesh as a result of which the Bus plunged
into a deep gorge resulting in death of 10 passengers and bodily
injury to remaining passengers.
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 2 of 22
3. It is submitted that Karan Kumar Bhat, aged 30 years,
employed with American Express was earning monthly salary
Rs.65,000/- with perks and respondents Prakash Chand (driver),
M/s Atlas Transport (P) Ltd. (owner) AND New India Assurance
Co. Ltd. (insurer) are jointly and severally liable to compensate
petitioners for untimely death of victim in motor vehicle
accident.
Defence
4. Respondent Prakash Chand (driver) did not file any reply.
5. Respondent M/s Atlas Transport (P) Ltd. (owner) has filed
reply disputing rash or negligent driving besides contending that
Bus No.PB-06C-4147 was duly insured and liability, if any, shall
be borne by the insurer.
6. Respondent M/s New India Assurance Co. Ltd. on its part
has admitted Policy No.36160131180100005295 of Tata Motors
Bus No.PB-06C-4147 valid from 28.01.2019 to 27.01.2020 and
reserved its right to raise statutory defence under section 134(c),
147, 157, 149(2) and all defences under section 170 of M.V. Act
in case the driver and owner would fail to contest the case.
Inquiry
7. Following issues were settled on 24.12.2021 in MACT No.
605/2019 titled Sonaley Dhar & Ors. Vs. Prakash Chand & Ors.
which has been treated as leading case.
i. Whether deceased Karan Kumar Bhat and
Yaruingam Awungshi Shimray sustained
fatal injuries and Faraz Shamim Khan and
Sandeep Nag simple injuries in a motor
vehicle accident dated 27.04.2019 arising
out of use of vehicle no. PB 06C 4147,
being driven by R-1 Prakash Chand,
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 3 of 22
Owned by R2 M/s Atlas Transport P. Ltd
and insured by R-3/New India Assurance
Co. Ltd.? ...OPP
ii. Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom? ...OPP
iii. Relief.
8. Witnesses examined in the leading case include:
i. PW-1 Romesh Kumar Bhatt who has inter alia deposed
about (i) death of Karan Kumar Bhatt due to fatal
injuries sustained in road accident on 27.04.2019; (ii)
his son working in American Express was earning
Rs.85,000/- per month and used to contribute his entire
income towards household expenses; (iii) deceased
Karan Kumar Bhatt having done Matriculation &
Higher Secondary Examination from CBSE Board had
also completed Graduation in Bachelor of Computer
Application from Vinayak Missions University AND
(iv) general and special damages suffered on account of
the untimely death of his son in road accident. He has
relied upon - (a) Copy of Aadhar Card - Ex.PW-1/1;
(b) copy of Aadhar Card of Sonaley Dhar - Ex.PW-
1/2; (c) copy of Aadhar Card of Pooja Bhatt - Ex.PW-
1/3; (d) copy of Aadhar Card of Nirja Bhatt - Ex.PW-
1/4; (e) copy of Aadhar Card of deceased Karan Kumar
Bhatt - Ex.PW-1/5 AND (f) copy of Class 10 th
Certificate, Class 12th Certificate & Degree of Bachelor
of Computer Application - Ex.PW-1/6 (Colly.).
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 4 of 22
ii. PW-2 Patrick A. Shimray who has inter alia deposed
about (i) death of his son Y.A. Shimray in road accident
on 27.04.2019 after driver of Bus No.PB-06C-4147
failed to control the vehicle which fell in a gorge about
150 meters down; (ii) his son working in American
Express was earning Rs.91,568/- per month with perks
and used to contribute his entire income towards
household expenses AND (iii) general and special
damages suffered on account of the untimely death of
his son in road accident. He has relied upon - (a) copy
of Aadhar Card - Ex.PW-2/1; (b) copy of Aadhar Card
of Ningamla A. Shimray - Ex.PW-2/2 AND (c) copy of
Aadhar Card of deceased Yaruingam Awungshi
Shimray- Ex.PW-2/3.
iii. PW-3 Sandeep Naag (injured in MACT No. 671/2019)
has inter alia deposed about (i) Polytrauma with Frontal
Scalp Wound (20 stitches); Left Rib Fractures (2 ribs
fractured) & Fracture of D-4 Spine Vertebra sustained
in motor vehicle accident on 27.04.2019; (ii) treatment
at S.S. Memorial Hospital, Banikhet, Chamba,
Himachal Pradesh & Max Hospital, Saket, New Delhi
where he remained admitted from 29.04.2019 to
05.05.2019; (iii) monthly income Rs.38,000/- by
working as Lead Analyst with American Express; (iv)
expenses incurred on medicines, treatment,
conveyance, special diet, attendant charges &
physiotherapy; (v) loss of income for 06 months AND
(vi) general and special damages consequent to bodily
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 5 of 22
injury sustained in road accident. He has relied upon -
(a) copy of Aadhar Card - Ex.PW-3/1; (b) copy of
Discharge Summary & Treatment Record MAX
Hospital, Saket - Mark 'A' AND (e) copy of Salary Slip
- Mark 'B'.
iv. PW-4 Faraz Shamim Khan (injured in MACT No.
672/2019) has inter alia deposed about (i) Vertebral
compression fractures D10, D12 & L1 AND Fracture
Greater Tuberosity of Humerus Right Side sustained in
motor vehicle accident on 27.04.2019; (ii) treatment at
S.S. Memorial Hospital, Banikhet, Chamba, Himachal
Pradesh & Max Hospital, Saket, New Delhi where he
remained admired from 29.04.2019 to 02.05.2019; (iii)
monthly income Rs.50,000/- with perks by working in
American Express; (iv) expenses incurred on
medicines, treatment, conveyance, special diet,
attendant charges & physiotherapy AND (v) general
and special damages consequent to bodily injury
sustained in road accident. He has relied upon - (a)
copy of Aadhar Card - Ex.PW-4/1; (b) copy of
Discharge Summary & Treatment Record MAX
Hospital, Saket - Mark 'A' AND (c) copy of Salary Slip
- Mark 'B'.
v. PW-5 Smt. Sonaley Dhar, wife of deceased Karan
Kumar Bhatt who has inter alia deposed about (i) death
of Karan Kumar Bhatt due to fatal injuries sustained in
road accident on 27.04.2019; (ii) her husband working
in American Express was earning Rs.85,000/- per
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 6 of 22
month and used to contribute his entire income towards
household expenses; (iii) deceased Karan Kumar Bhat
having done Matriculation & Higher Secondary
Examination from CBSE Board had also completed
Graduation in Bachelor of Computer Application from
Vinayak Missions University AND (iv) general and
special damages suffered on account of the untimely
death of her husband in road accident. She has relied
upon - copy of Aadhar Card - Ex.PW-5/1.
vi. Ms. Flora Dantis, Analyst Colleague Experience Group,
American Express India Pvt. Ltd., Gurgaon examined
as PW-6 has referred to (i) Authority Letter in her
favour - Ex.PW-6/E AND (ii) Appointment Letter &
Salary-slips of Karan Kumar Bhatt, Y.A. Shimray,
Sandeep Naag & Faraz Shamim Khan referred as
Ex.PW-6/E1 to Ex.PW-6/E4.
9. Cross-examination of witnesses by Ld. counsel for
respondents has been recorded and petitioners' evidence was
closed on 12.04.2022.
10. No witness has been examined by driver, owner or insurer
and respondents' evidence was closed on 01.06.2024.
Discussion and Conclusion
11. Advocate Sh. K.K. Dubey for claimants, Sh. S.K. Mishra
for R2/owner AND Advocate Sh. Alok Shankar for New India
Assurance Co. Ltd. have addressed their submissions.
12. I have carefully perused pleadings and evidence adduced
on judicial file. My issue wise finding is recorded below:
13. Issue No.1:
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 7 of 22
Whether deceased Karan Kumar Bhat and
Yaruingam Awungshi Shimray sustained
fatal injuries and Faraz Shamim Khan and
Sandeep Nag simple injuries in a motor
vehicle accident dated 27.04.2019 arising
out of use of vehicle no. PB 06C 4147,
being driven by R-1 Prakash Chand,
Owned by R2 M/s Atlas Transport P. Ltd
and insured by R-3/New India Assurance
Co. Ltd.? ...OPP
14. PW-1 Romesh Kumar Bhat and PW-5 Smt. Sonaley Dhar
have deposed that Karan Kumar Bhat travelling in Bus No.PB-
06C-4147 from Pathankot to Dalhousie has died due to injuries
sustained in road accident on 27.04.2019.
15. Both witnesses have admitted of not being an eye-witness
to the accident but nothing material could be elicited during
cross-examination which could assail their testimony or impeach
its veracity.
16. Respondent Prakash Chand (driver) on the other hand has
not entered the witness-box to rebut allegation of rash and
negligent driving of Bus No.PB-06C-4147 which fell in the gorge
about 150 meters down resulting in death of 10 passengers and
bodily injuries to remaining passengers. Adverse inference is
therefore required to be raised against the driver of Bus No.PB-
06C-4147 as per the dicta of Hon'ble High Court of Orissa in
National Insurance Company Ltd. Vs. Durdadshya Kumar
Samal & Ors. 1987 SCC Online Ori. 57 AND Cholamandalam
MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided
by Hon'ble High Court of Delhi on 11th November, 2008.
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 8 of 22
17. The fact that respondent Prakash Chand could not control
Bus No.PB-06C-4147 carrying 20 to 25 passengers which
plunged into a deep gorge ahead of Panchpula towards Banikhet,
Dalhousie, District Chamba, Himachal Pradesh resulting in death
of 10 passengers and bodily injuries to remaining passengers is
sufficient for applying the principle of res ipsa loquitor.
18. Negligence in the normal parlance is understood as failure
to take proper care which a reasonable man would have done
under the circumstances and normal rule for the plaintiff to prove
negligence is sought to be avoided by applying the principle of
res ipsa loquitor. The general purport of the words res ipsa
loquitor is that the accident "speaks for itself" or tell its own
story and there are cases in which the accident speaks for itself so
that it is sufficient for the plaintiff to prove the accident and
nothing more. It will then be incumbent upon the defendant to
establish that the accident happened due to some cause other than
his own negligence.
19. It is all the more well settled law that negligence of the
driver in case of road traffic accident is required to be established
on the touchstone of preponderance of probability and standard
of proof beyond reasonable doubt does not apply to claim
petitions under Motor Vehicle Act as held by Hon'ble Supreme
Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal
Road Transport Corporation & Ors (2009) 13 SCC 530.
20. Following observations in para 15 of aforesaid judgment of
Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the
Tribunal has rightly taken a holistic view of
the matter. It was necessary to be borne in
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 9 of 22
mind that strict proof of an accident caused
by a particular bus in a particular manner
may not be possible to be done by the
claimants. The claimants were merely to
establish their case on the touchstone of
preponderance of probability. The standard
of proof beyond reasonable doubt could not
have been applied...."
21. Similar observation has been recorded by Hon'ble High
Court of Delhi in para 12 of its judgment delivered in National
Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC
Online Del 1700 by holding that proceedings under Motor
Vehicle Act are not akin to proceeding in a civil suit hence strict
rules of evidence are not required to be followed and FIR against
the driver along with criminal record of the case showing
completion of investigation by the police leading to Final Report
are sufficient proof to reach the conclusion that the driver was
negligent.
22. Postmortem Report No.22/2019 dated 28.04.2019 of Civil
Hospital, Dalhousie, Chamba, Himachal Pradesh has been filed
on record wherein cause of death is recorded as severe head
injury, polytrauma leading to cerebral amoxia irreversible shock,
cardio pulmanary arrest & death.
23. FINDING : Issue No.1 is therefore decided by holding
that Karan Kumar Bhat has died pursuant to bodily injury
sustained in motor vehicle accident on 27.04.2019 as a result of
rash and negligent driving of Bus No.PB-06C-4147 by
respondent Prakash Chand (driver) which vehicle was registered
in the name of M/s Atlas Transport (P) Ltd. (owner) and insured
with New India Assurance Co. Ltd.
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 10 of 22
24. Issue No.2
Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom ? OPP
25. Karan Kumar Bhat having expired on 27.04.2019 is
survived by Smt. Sonaley Dhar (wife), Ms. Pooja Bhat (sister),
Smt. Nirja Bhat (mother) AND Sh. Romesh Kumar Bhat (father).
Petitioners are therefore entitled to be compensated for death of
victim in motor vehicle accident.
26. Quantum of compensation is required to be assessed under
following heads:
Income
27. PW-1 Romesh Kumar Bhat and PW-5 Smt. Sonaley Dhar
have deposed that Karan Kumar Bhat working in American
Express was earning Rs.85,000/- per month.
28. Ms. Flora Dantis examined as PW-6 has produced
Appointment Letter & Salary-slips of Karan Kumar Bhat
mentioning Gross Salary Rs.52,701.73/- & Net Pay Rs.47,374/-
referred as Ex.PW-6/E1 whereas Form-16, Part-B of FY
01.04.2018 to 31.03.2019 referred as Ex.PW-6/D2 has been
produced during her cross-examination mentioning Gross Annual
Income Rs.6,50,444/- and Rs.30,824/- to be deducted towards
Income Tax. Net Annual Income of Karan Kumar Bhat is
therefore taken as Rs.6,19,620/- (Rs.6,50,444/- - Rs.30,824/-).
Age & Multiplier
29. Date of Birth of Karan Kumar Bhat is recorded as
06.06.1989 in copy of Aadhar Card Ex.PW-1/5. Deceased Karan
Kumar Bhat had therefore completed 29 years of age at the time
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 11 of 22
of death on 27.04.2019 and multiplier of 17 will apply in the
case as held in para 19 read with para 42 of Sarla Verma & Ors
vs. DTC (2009) 6 SCC 121 which has been approved by the
Constitution Bench of Hon'ble Supreme Court of India in para
42 of National Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16
SCC 680.
Future Prospects
30. Since deceased Karan Kumar Bhat was 29 years, 10
months & 21 days old at the time of death so claimants are also
entitled to future prospect @ 40% upon his Net Annual Income
as laid down by Constitution Bench of Hon'ble Supreme Court
of India in para 59.4 of National Insurance Co. Ltd. Vs. Pranay
Sethi (Supra).
Personal Living and Expenses
31. Deceased Karan Kumar Bhat is survived by Smt. Sonaley
Dhar (wife), Ms. Pooja Bhat (sister), Smt. Nirja Bhat (mother)
AND Sh. Romesh Kumar Bhat (father).
32. Sh. Romesh Kumar Bhat being Retd. Technician in
Meteorological Department, Government of India receiving
monthly pension Rs.25,000/- cannot be treated as dependant of
Late Karan Kumar Bhat.
33. Smt. Sonaley Dhar (wife) and Smt. Nirja Bhat (mother) are
to be treated as dependants of Late Karan Kumar Bhat AND 1/3rd
of income of deceased is required to be deducted as personal
living and expenses as per principles laid down in paras 31 and
32 of Sarla Verma & Ors. Vs. DTC (2009) 6 SCC 121 which
have been affirmed by Hon'ble Supreme Court of India in para
41 of National Insurance Co. Ltd. Vs. Pranay Sethi (Supra).
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 12 of 22
Loss of Dependency
34. Loss of dependency in favour of mother & wife of Karan
Kumar Bhat is calculated as Rs.6,19,620/- x 140/100 x 17 x 2/3 =
Rs.98,31,304/- (Rupees Ninety Eight Lakhs Thirty One
Thousand Three Hundred Four only).
Conventional Heads
35. Hon'ble Supreme Court of India in para 59.8 of National
Insurance Co. Ltd. Vs. Pranay Sethi (Supra) decided on
31.10.2017 has laid down reasonable figures under the heads -
(i) loss of estate; (ii) loss of consortium AND (iii) funeral
expenses fixed as Rs.15,000/-; Rs.40,000/- and Rs.15,000/-
respectively to be enhanced @ 10% after every three years.
Loss of Estate
36. In terms of aforesaid judgment of Hon'ble Supreme Court
of India, a sum of Rs.18,150/- (Rupees Eighteen Thousand One
Hundred Fifty only) is awarded to claimants towards 'loss of
estate'.
Funeral Expenses
37. Similarly, in terms of the law/guidelines laid down in
aforesaid case, a sum of Rs.18,150/- (Rupees Eighteen
Thousand One Hundred Fifty only) is awarded to claimants
towards 'funeral expenses'.
Loss of Consortium
38. In view of the law/guidelines laid down in (i) Pranay
Sethi (Supra) read with (ii) Magma General Insurance Co. Ltd
vs. Nanu Ram (2018) 18 SCC 130 AND (iii) United India
Insurance Co. Ltd. vs Satinder Kaur (2021) 11 SCC 780, a sum
of Rs.48,400 x 04 = Rs.1,93,600/- (Rupees One Lakh Ninety
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 13 of 22
Three Thousand Six Hundred only) is awarded to claimants as
compensation under the head 'loss of consortium'.
39. Break-up of compensation to be awarded to claimants is
mentioned below in tabulated form:-
S. No. HEAD AMOUNT
1 Loss of dependency Rs.98,31,304/-
2 Loss of consortium Rs.1,93,600/-
3 Funeral expenses Rs.18,150/-
4 Loss of estate Rs.18,150/-
TOTAL Rs.1,00,61,204/-
rounded off to
Rs.1,00,61,500/-
INTEREST
40. There is nothing on record to justify withholding interest
on the award amount. Having regard to the facts and
circumstances of the present case, it will be just and proper to
grant interest @ 7.5% per annum on the award amount in terms
of judgment of Hon'ble Supreme Court of India in National
Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC
260. Petitioners are therefore awarded interest @ 7.5% per
annum upon compensation Rs.1,00,61,500/- (One Crore Sixty
One Thousand Five Hundred only) from the date of filing of
petition on 16.07.2019 till notice of deposit under Order XXI
Rule 1 CPC to petitioners/counsel.
LIABILITY
41. R1/Prakash Chand (driver) being principal tortfeasor
driving Bus No.PB-06C-4147 in rash and negligent manner
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 14 of 22
resulting in road accident leading to death of Karan Kumar Bhat
and R2/M/s Atlas Transport (P) Ltd. (owner) being vicariously
liable for the act of the driver are liable to pay compensation
amount with interest. However, since Bus No.PB-06C-4147 was
insured against Third Party Risk so, R3/New India Assurance Co.
Ltd. being statutorily liable under Section 149 (1) of M.V.Act
shall pay compensation along with interest to petitioners in the
absence of any statutory defence under section 149(2) of M.V.
Act.
42. FINDING : Issue No.2 is decided accordingly by holding
that R3/New India Assurance Co. Ltd. shall pay the award
amount with interest to petitioners.
RELIEF
43. Thus, in view of foregoing discussion & conclusion and
having regard to the facts and circumstances of the present case,
award for a sum of Rs.1,00,61,500/- (One Crore Sixty One
Thousand Five Hundred only) along with interest @ 7.5% p.a
from the date of filing of petition on 16.07.2019 till notice of
deposit under Order XXI Rule 1 CPC is passed in favour of
petitioners and against all respondents.
44. The above-said compensation amount with interest shall be
paid to petitioners by R3/New India Assurance Co. Ltd.
APPORTIONMENT
45. Award amount Rs.1,00,61,500/- with proportionate
interest shall be apportioned amongst petitioners in following
manner:
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 15 of 22
S. No. Name of the petitioner/relation Amount
with deceased
1. Smt. Sonaley Dhar (wife) Rs.75,61,500/-
2. Ms. Pooja Bhatt (sister) Rs.5,00,000/-
3. Smt. Nirja Bhatt (mother) Rs.15,00,000/-
4. Sh. Romesh Kumar Bhat (father) Rs.5,00,000/-
Total Rs.1,00,61,500/-
46. FORM-IV A
SUMMARY OF THE COMPUTATION OF AWARD
AMOUNT IN DEATH CASE TO BE INCORPORATED IN
THE AWARD
1. Date of accident : 27.04.2019
2. Name of the deceased : Karan Kumar Bhatt
3. Age of the deceased : 29 years (at the time
of accident)
4. Occupation of the deceased : Private Job
5. Income of the deceased : Net Annual Income
Rs.6,19,620/-
6. Name, age and relationship of legal representative of
deceased
Sl. Name Age (at the time of Relation with
No. accident) deceased
(i) Smt. Sonaley Dhar 30 years Wife
(ii) Ms. Pooja Bhatt 29 years Sister
(iii) Smt. Nirja Bhatt 58 years Mother
(iv) Sh. Romesh Kumar 59 years Father
Bhat
Computation of compensation
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 16 of 22
Heads Awarded by the Claims
Tribunal
7. Income of the deceased (A) Rs.6,19,620/- (Annual)
8. Add-Future Prospects (B) Rs.2,47,848/- (Annual)
(40%)
9. Less-Personal expenses of Rs.2,89,156/- (Annual)
the deceased (C) (One
Third)
10. Monthly loss of dependency -
{(A+B}-C=D
11. Annual loss of dependency Rs.5,78,312/-
[ D]
12. Multiplier (E) 17
13. Total loss of dependency (D Rs.5,78,312/- x 17 =
x E=F) Rs.98,31,304/-
14. Medical Expenses (G) Nil
15. Compensation for loss of Rs.1,93,600/- (48,400 x 04)
consortium (H)
16. Compensation for loss of Nil
love and affection (I)
17. Compensation for loss of Rs.18,150/-
estate (J)
18. Compensation towards Rs.18,150/-
funeral expenses (K)
19. TOTAL Rs.1,00,61,204/- rounded off
COMPENSATION to Rs.1,00,61,500/-
(F+G+H+I+J+K=L)
Deduction of Interim Nil.
Award
20. RATE OF INTEREST 7.5%
AWARDED
21. Interest amount up to the @ 7.5% per annum from the
date of award (M) date of filing of petition on
16.07.2019 till notice of
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 17 of 22
deposit under Order XXI
Rule 1 CPC
22. Total amount including Rs.1,00,61,500/- + @ 7.5%
interest ( L+M) per annum from the date of
filing of petition on
16.07.2019 till notice of
deposit under Order XXI
Rule 1 CPC.
23. Award amount released As per table given below
24. Award amount kept in As per table given below
FDRs
25. Mode of disbursement of By credit in the SB Account
the award amount to the of claimants
claimant (s) (Clause 29)
26. Next Date for compliance 04.07.2025
of the award. (Clause 31)
47. The award amount shall be deposited/transferred by
R3/New India Assurance Co. Ltd. in Account No.42709452600
of 'MACT (South-West), Dwarka Courts, New Delhi' at State
Bank of India, District Court Complex, Sector-10, Dwarka New
Delhi, (IFSC Code SBIN0011566 and MICR Code 110002483)
by RTGS/NEFT/IMPS within 30 days of award as per section
168(3) of M.V. Act under intimation to the Nazir of this court
with proof of notice to claimants and their counsel.
48. Statement of claimants regarding their financial status,
needs and liabilities has been recorded. In view of their
statements and having regard to the facts and circumstances of
the present case, the award amount shall be disbursed in
following manner:
S. Name Status Amount of Release Amount of
no Award Amount FDR
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 18 of 22
.
1. Smt. Wife Rs.75,61,500/- Rs.25,61,500/- Rs.50,00,000/-
Sonaley with be kept in 100
Dhar proportionate FDRs from 1st
interest be to 100th month
released in in the name of
MACT Claims petitioner with
SB Account cumulative
interest.
2. Ms. Sister Rs.5,00,000/- Rs.5,00,000/- Nil
Pooja
Bhatt
3. Smt. Mother Rs.15,00,000/- Rs.5,00,000/- Rs.10,00,000/-
Nirja be kept in 40
Bhatt FDRs from 1st
to 40th month
in the name of
petitioner with
cumulative
interest.
4. Sh. Father Rs.5,00,000/- Rs.5,00,000/- Nil
Romesh
Kumar
Bhat
Total Rs.1,00,61,500/- Rs.40,61,500/-
49. Petitioners have mentioned (a) Savings Bank Account No.41929553955 in the name of Smt. Sonaley Dhar at State Bank of India, Najafgarh, Old Roshan Pura, Delhi (IFSC Code:
SBIN0001419); (b) Savings Bank Account No.43121329347 in the name of Ms. Pooja Bhat at State Bank of India, Ban Talab, Durga Nagar, Jammu (IFSC Code: SBIN0010347); (c) Savings Bank Account No.3081000100936887 in the name of Smt. Nirja Bhat AND (d) Savings Bank Account No.3081000100985397 in MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 19 of 22 the name of Sh. Romesh Kumar Bhat at Punjab National Bank, VPO Paprawat, Najafgarh, Delhi (IFSC Code: PUNB0308100).
50. Accordingly, Manager, SBI, District Courts Complex, Dwarka, Sector-10, New Delhi is directed to transfer (a) Rs.25,61,500/- with proportionate interest in MACT SB Account of petitioner Smt. Sonaley Dhar AND (b) Rs.5,00,000/- each with proportionate interest in MACT SB Account of petitioners Ms. Pooja Bhat, Smt. Nirja Bhat AND Sh. Romeash Kumar Bhat.
51. Balance Rs.50,00,000/- with proportionate interest in favour of Smt. Sonaley Dhar AND Rs.10,00,000/- with proportionate interest in favour of Smt. Nirja Bhat be kept in FDRs to be released in their accounts in terms of MACAD Scheme formulated by Hon'ble High Court of Delhi vide order dated 01.05.2018 and 07.12.2018 in FAO No.842/2013.
52. Manager of the bank where claimants are having their MACT-SB Account (hereinafter referred as the 'petitioner's bank') are directed to release the abovesaid amount to claimants.
All original FDRs shall be retained by the concerned bank, however, statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat. Manager of the concerned bank is directed NOT to permit premature encashment or loan against FDRs in the name of petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat without prior permission of the Court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit/transfer of interest amount in MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 20 of 22 aforesaid SB Account of petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat.
The above-said petitioner's bank is also directed not to issue any cheque book and/or debit card to petitioners and if the same has already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat.
The above-said bank shall permit petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat to withdraw money from the above- said SB Account by means of withdrawal form.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid SB Account of petitioners Smt. Sonaley Dhar and Smt. Nirja Bhat.
53. Respondent New India Assurance Co. Ltd. shall inform petitioners/counsel regarding award amount being deposited in MACT Account through registered post.
54. Copy of Award be sent to Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi AND Manager - State Bank of India, Najafgarh, Old Roshan Pura, Delhi (IFSC Code:
SBIN0001419); State Bank of India, Ban Talab, Durga Nagar, Jammu (IFSC Code: SBIN0010347) & Punjab National Bank, VPO Paprawat, Najafgarh, Delhi (IFSC Code: PUNB0308100) for information/compliance.
55. Dasti copy of Award be supplied to Ld. Counsel for claimants and respondent/New India Assurance Co. Ltd.
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 21 of 22
56. Ahlmad is directed to prepare separate miscellaneous file to be listed on 04.07.2025 for filing compliance report.
57. File be consigned to the record room.
Digitally signed by TARUN TARUN YOGESH
Announced in the open Court YOGESH Date:
2025.05.13
on 09.05.2025 16:48:14 +0530
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
MACT No.605/2019 Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. Page No. 22 of 22