Delhi District Court
Smt. Babita vs Sh. Mohit Sharma on 29 October, 2020
IN THE COURT OF SH. M. K. NAGPAL
PRESIDING OFFICER:MOTOR ACCIDENT CLAIMS
TRIBUNAL PATIALA HOUSE COURTS, NEW DELHI
IN THE MATTER OF:
MACP No. 179/2019
MEMO OF PARTIES
1. Smt. Babita
W/o. Late Sh. Gourav Kumar
2. Master Mayank
S/o. Late Sh. Gourav Kumar
3. Vashika
D/o. Late Sh. Gourav Kumar
4. Annu
D/o. Late Sh. Gourav Kumar
5. Smt. Jagroshni
W/o. Late Sh. Sompal
All R/o. Village Mahadeo, Meerut,
UP-250342.
..........PETITIONER/INJURED
VERSUS
1. Sh. Mohit Sharma
S/o. Sh. Raghuber Sharma
R/o. Village Badam, Meerut, UP-250001.
2. Sh. Sandeep Kumar
S/o. Sh. Onkar Singh Sharma
R/o. Village Bawan, Meerut, UP-250001.
3. M/s. IFFCO Tokio General Insurance Co. Ltd.
505, 5th Floor, Kailash Building,
26, K.G. Marg, New Delhi.
........RESPONDENTS
Date of filing of petition : 23.10.2019 Date of award : 29.10.2020 AWARD
1. The matter has been amicably settled between the petitioners and R-3/Insurance Co. for a sum of Rs.17,00,000/- (Rupees MACP No. 179/19 Page no. 1 of 6 Seventeen Lacs only). Separate statements of Ld. Counsels for petitioners and R-3 have been recorded in this regard and the statement made by Ld. Counsel for petitioners has also been countersigned by P-1 (for self as well as on behalf of minors P-2 to P-
4) and P-5.
2. In view of statements made on behalf of the parties, an award in the sum of Rs.17,00,000/- (Rupees Seventeen Lacs only) in favour of the petitioners and against R-3 is passed towards full and final settlement of claim of petitioners for compensation in respect of the fatal injuries suffered by Sh. Gourav Kumar, which is subject matter of present claim petition.
3. APPORTIONMENT Out of the above amount of compensation, 50% is being given to P-1, 10% each is being given to P-2 to P-4 and 20% is being given to P-5.
4. RELEASE Out of share of P-1, 85% amount is directed to be kept with UCO Bank, Patiala House Court, New Delhi in MACAD in the form of 50 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 50 months in succession, as per the scheme formulated by the Hon'ble Delhi High Court vide order dated 01.05.2018 in FAO No. 842/2003, titled as Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors. and as implemented vide subsequent order dated 07.12.2018 passed in the said case. The amount of FDRs on maturity would be released in her savings/MACT Claims SB Account opened/to be opened by P-1 in terms of order dated 23.10.2019 passed by this tribunal and the remaining 15% share is directed to be released into her above said account, which can be withdrawn and utilized by the said petitioner.
Entire shares of P-2 to P-4 shall be kept in FDRs for the period till they attain 21 years of age. However, monthly interest thereon shall be released in the above bank account of their mother/P-
MACP No. 179/19 Page no. 2 of 6 1 in order to meet their educational and other expenses and amounts of FDRs on maturity be released in their respective bank accounts opened/to be opened in their names in terms of order dated 23.10.2019 passed by this tribunal.
Out of share of P-5, 85% amount is directed to be kept with UCO Bank, Patiala House Court, New Delhi in MACAD in the form of 30 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 30 months in succession, as per the above scheme. The amount of FDRs on maturity would be released in her savings/MACT Claims SB Account opened/to be opened by P-5 in terms of order dated 23.10.2019 passed by this tribunal and the remaining 15% amount is also directed to be released into her above said account, which can be withdrawn and utilized by the said petitioner.
To facilitate deposits in above scheme and disbursement of the awarded amount, petitioners shall also open savings bank accounts in the UCO Bank, Patiala House Court, New Delhi in their names, if not opened earlier.
Let Nazir as well as Branch Manager, UCO Bank PHC to ensure that the amounts are released in terms of award only in accounts of petitioners opened in compliance of above order which are not having ATM and cheque books facilities.
The above disbursement to the petitioners is, however, subject to addition of future interest till deposits proportionately and also deduction of proportionate tax on the interest amount or amount of interim award, if any, to/from their above shares.
The banks shall not permit any joint name (s) to be added in the savings bank accounts or MACAD scheme accounts of the petitioners i.e. the above account (s) of the petitioners shall be individual account (s) and not a joint account (s).
The original fixed deposits be retained by the UCO Bank, PHC, New Delhi in safe custody. However, the statement containing MACP No. 179/19 Page no. 3 of 6 FDR numbers, amounts, dates of maturity and maturity amounts shall be furnished by the said bank to the petitioners.
The maturity amounts of the FDR (s) on monthly basis net of TDS be credited by Electronic Clearing System (ECS) in the above accounts of the petitioners.
No loan, advance or withdrawal or pre-mature discharge be allowed on the MACAD without permission of the Court.
The concerned banks shall permit the petitioners to withdraw money from their savings bank accounts by means of withdrawal forms or biometric authentication. The Bank Managers shall also ensure that all the terms and conditions contained in Form-VIII of the Modified Claims Tribunal Agreed Procedure, as amended and implemented vide the above order dated 07.12.2018 of the Hon'ble High Court passed in the above said matter, are complied with.
5. R-3 is directed to deposit the above award amount by way of crossed cheque/DD in names of the petitioners with UCO Bank, PHC, New Delhi within 30 days from today, failing which it is liable to pay interest at the rate of 12% per annum for the period of delay. In case even after passage of 90 days from today, R-3 fails to deposit this compensation with proportionate interest, in that event, in light of the judgment of the Hon'ble High Court of Delhi in the case of New India Assurance Company Limited Vs. Kashmiri Lal, 2007 ACJ 688, this compensation shall be recovered by attaching the bank account of the insurance company with a cost of Rs.5,000/-. R-3 shall inform the petitioners and their counsel through registered post that the cheques of the awarded amounts is being deposited.
The copy of this award be given to the parties free of cost. Ahlmad is directed to send the copy of the award to Ld. Metropolitan Magistrate concerned and Delhi Legal Services Authority in view of Judgment titled as Rajesh Tyagi Vs. Jaibir Singh & Ors. passed in FAO no.842/2003 dated 12.12.2014.
6. Further Nazir is directed to maintain the record in Form VII as MACP No. 179/19 Page no. 4 of 6 per the directions given by the Hon'ble Delhi High Court in the above case on 15.12.2017.
7. The particulars of Form-V of the Modified Claims Tribunal Agreed Procedure, in terms of directions given by the Hon'ble Delhi High Court in the above case on 15.12.2017, are as under:-
1. Date of the accident 18.02.2019
2. Date of intimation of the accident by the Investigation Officer to the Claims Outstation matter Tribunal.
3. Date of intimation of the accident by the Investigating Officer to the Insurance -do- company.
4. Date of filing of Report under Section 173
-do-
Cr.PC before the Metropolitan Magistrate.
5. Date of filing of Details Accident Report (DAR) by the Investigating Officer before -do-
Claims Tribunal.
6. Date of service of DAR on the Insurance
-do-
Company.
7. Date of service of DAR on the claimant(s). -do-
8. Whether DAR was complete in all
-do-
respects?
9. If not, state deficiencies in the DAR -do-
10. Whether the police has verified the
-do-
documents file with DAR?
11. Whether there was any delay or deficiency on the part of the Investigating Officer? If
-do-
so, whether any action/direction
warranted?
12. Date of appointment of the Designated
-do-
Officer by the Insurance Company.
13. Name, address and contact number of the Designated Officer of the Insurance -do- Company.
14. Whether the Designated Officer of the Insurance Company submitted his report -do- within 30 days of the DAR?
15. Whether the Insurance Company admitted the liability? If so, whether the Designated Officer of the Insurance Company fairly Legal offer not given computed the compensation in accordance with law.
16. Whether there was any delay or Delay in filing reply MACP No. 179/19 Page no. 5 of 6 deficiencies on the part of the Designated Officer of the Insurance Company? If so, whether any action/direction warranted?
17. Date of response of the claimant(s) of the NA offer of the Insurance Company.
18. Date of the award 29.10.2020
19. Whether the award was passed with the Yes consent of the parties?
20. Whether the claimant(s) were directed to open savings bank account(s) near their Yes place of residence?
21. Date of order by which claimant(s) were 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 23.10.2019 cheque book/debit card to the claimant (s) and make an endorsement to this effect on the passbook(s).
22. Date on which the claimant(s) produced the passbook of their savings bank account near the place of their residence Yet to comply along with the endorsement, PAN Card and Adhaar Card?
23. Permanent Residential Address of the R/o. Village Mahadeo, Claimant(s) Meerut, UP-250342.
24. Details of savings bank account (s) of the claimant(s) and the address of the bank Yet to furnish with IFSC Code.
25. Whether the claimant(s) savings bank
-do-
account(s) is near his place of residence?
26. Whether the claimant(s) were examined at the time of passing of the award to No ascertain his/their financial condition?
8. File be consigned to Records after necessary formalities. A separate file be prepared for compliance report and be put up on 23.12.2020.
Announced in the open court. (M.K. Nagpal) on 29.10.2020 PO/MACT, New Delhi MACP No. 179/19 Page no. 6 of 6