Delhi District Court
Jagdish & Ors. vs . Suresh Chander Vats & Anr. on 16 January, 2019
1
IN THE COURT OF SH. PARAMJIT SINGH, PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. : 849/16
Jagdish & Ors. Vs. Suresh Chander Vats & Anr.
CNR No.DLSW010008872014
1. Sh. Jagdish
S/o Late Sh. Babu Lal
R/o B248, J.J. Colony,
Sector7, Dwarka, New Delhi
2. Smt. Prabhati Devi
D/o Late Sh. Babu Lal
W/o Sh. Badri Narain
R/o Bamla Ki Dhani,
Bapi Dausa, Rajasthan
3. Sh.Sarvan
S/o Late Sh. Babu Lal
R/o B248, J.J. Colony,
Sector7, Dwarka, New Delhi
4. Sh. Ram Karan
S/o Late Sh. Babu Lal
R/o Sriram Vatika, Pachwara Nagar,
District Dausa, Rajasthan
5. Smt. Dhani Devi @ Dhanno Devi
D/o Late Sh. Babu Lal
W/o Sh. Kazor
R/o B259, J.J. Colony,
Sector7, Dwarka, New Delhi
6. Pappu
S/o Late Sh. Babu Lal
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 1/42
2
R/o B220, J.J. Colony,
Sector7, Dwarka, New Delhi
7. Smt. Sugna Devi
D/o Late Sh. Babu Lal
W/o Sh. Ramdhan Bairwa
R/o Kanpura Nangal,Rajawatan
Dausa, Rajasthan
8. Sh. Raju
S/o Late Sh. Babu Lal
R/o B220, J.J. Colony,
Sector7, Dwarka, New Delhi ... Petitioners
Vs
1. Sh. Suresh Chander Vats (Drivercumowner)
S/o Sh. Krishan Vats
R/o H. No. WZ56, Old Mehrauli Road,
RajnagarII, Palam Colony,
New Delhi
2. TATA AIG General Insurance Company Ltd. (Insurer)
Kelum Tower , Ist Floor,
Community Centre, Friends Colony,
New Delhi. ... Respondents
MACP No. : 946/16
Brij Kishore Vs. Suresh Chander Vats & Anr.
CNR No.DLSW010009652014
Sh. Brij Kishore
S/o Sh. Chhote Lal
R/o: RZH231, Gali No.7,
Raj NagarII,Palam,
New Delhi ... Petitioner
Vs.
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 2/42
3
1. Sh. Suresh Chander Vats (Drivercumowner)
S/o Sh. Krishan Vats
R/o H. No. WZ56, Old Mehrauli Road,
RajnagarII, Palam Colony,
New Delhi
2. TATA AIG General Insurance Company Ltd. (Insurer)
Kelum Tower , Ist Floor,
Community Centre, Friends Colony,
New Delhi. ... Respondents
Date of institution of MACP No. 849/16 09.7.2014
Date of institution of MACP No. 946/16 03.6.2014
Date on which, judgment have been reserved07.01.2019
Date of pronouncement of judgment 16.1.2019
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 946/16 Brij Kishore Vs. Suresh Chander Vats & Anr.)
1 Date of the accident 19.04.2014
2 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Claims Tribunal ( Clause 2)
3 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Insurance Company (Clause 2)
4 Date of filing of Report under Section 173 Cr. PC before Not clear from record
the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information Report 03.6.2014
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 03.6.2014
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 03.6.2014
8 Whether DAR was complete in all respects? (Clause 16) Yes
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 3/42
4
9 If not, whether deficiencies in the DAR removed later on? N.A
10 Whether the police has verified the documents filed with Yes
DAR? (Clause 4)
11 Whether there was any delay or deficiency on the part of No
the Investigating Officer? If so, whether any action /
direction warranted?
12 Date of appointment of the Designated Officer by the Not clear from record
Insurance company ( Clause 20 )
13 Name, address and contact number of the Designated Mohd. Azhar Wasi, Claims
Officer of the Insurance Company ( Clause 20 )
Head ( North Zone)
14 Whether the Designated Officer of the Insurance Yes
Company submitted his report within 30 days of the
DAR? ( Clause 22 )
15 Whether the Insurance Company admitted the liability? If No
so, whether the Designated Officer of the Insurance
Company fairly computed the compensation in accordance
with law ( Clause 23 )
16 Whether there was any delay or deficiency on the part of No
the Designated Officer of the Insurance Company? If so,
whether any action / directions warranted?
17 Date of response of the claimant (s) to the offer of the N.A
Insurance Company. ( Clause 24)
18 Date of Award 16.1.2019
19 Whether the award was passed with the consent of the No
parties? ( Clause 22)
20 Whether the claimant (s) were directed to open savings Yes
bank accounts (s) near their place of residence ? ( Clause
18)
21 Date of order by which claimant(s) were directed to open 27.01.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction tot
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 4/42
5
he bank not issue any cheque book/debit card to the
claimants (s) and make an endorsement to this effect on
the passbook(s) (Clause 18 )
22 Date on which the claimant(s) produced the passbook of 28.05.2018
their savings bank account near the place of their
residence alongwith the endorsement, PAN Card and
Adhaar Card? (Clause 18 )
23 Permanent Residential Address of the Claimant(s) R/o: RZH231, Gali No.7, Raj
(Clause 27 ) NagarII, Palam, New Delhi.
24. Details of savings bank account(s) of the claimant(s) and SB A/c no. 520101253329784
the address of the bank with IFSC Code( Clause 27) at Corporation Bank, Adilbadh,
Palam, New Delhi (IFSC Code
: CORP0000452)
25 Whether the claimant(s) savings bank account(s) is near Yes
his place of residence ? (Clause 27)
26 Whether the claimant(s) were examined at the time of Yes
passing of the award to ascertain his/their financial
condition? ( Clause 27)
27 Account number, MICR number, IFSC Code, name and Account No. 37665510911 at
branch of the bank of the Claims Tribunal in which the SBI, District Court Complex,
award amount is to be deposited/transferred. Sector10, Dwarka New Delhi,
(IFSC Code SBIN0011566 and
MICR Code 110002483)
JUDGMENT:
Vide this common judgment, I shall dispose of two cases i.e petition bearing MACP No. 849/16 and DAR bearing MACP No.946/16 pertaining to the same road traffic accident, which took place on 19.04.2014.
The present petition bearing (MACP No. 849/16) u/s166 & 140 of M.V.Act has been filed on behalf of petitioners Jagdish & Ors. in respect of death of deceased Nanki Devi caused in the road traffic accident on 19.4.2014.
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 5/42 6 The connected case/DAR bearing (MACP No. 946/16) has been filed qua the injuries sustained by petitioner/injured Brij Kishore in the same road traffic accident.
2. Brief facts as made out from the abovesaid petition/DAR are that on 19.4.2014 at about 10:05 A.M, petitioner/ injured Brij Kishore was going to Dada Dev Mandir and was in the process of entering the said temple, when a car bearing DL7CP3264 came at a very high speed, being driven in rash and negligent manner and hit the petitioner/injured and thereafter it also hit a lady namely Nanki Devi and as a result of which petitioner Brij Kishore sustained injuries and lady Nanki Devi died due to the injuries sustained in the accident. It is further stated that the accident took place due to rash and negligent driving of the driver of the car no. DL7CP3264 and the case in this regard was registered vide FIR No. 184/14 u/s 279/338/304A IPC at PS Palam Village .
On conclusion of the investigation, the DAR has been filed by the IO qua death of deceased Nanki Devi and the same was clubbed with the present petition ( bearing MACP No. 849/16) vide order dated 21.1.2014 passed by one of the Ld. Predecessors of this court. Further, the connected DAR (bearing MACP No. 946/16) has been filed by the IO in respect of the injuries sustained by petitioner/ injured Brij Kishore in the same accident.
3. W.S has been filed on behalf of R1 Suresh Chander Vats ( driver cum owner of the offending vehicle), wherein it has been stated that he was having a valid and effective driving license and the present case has been registered against him on false and fabricated grounds . It is further stated that offending vehicle no. DL7CP (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 6/42 7 3264 was insured with respondent no.2 TATA AIG General Insurance company on the day of accident. It is also stated that the driver of the offending was not responsible for causing the accident and he has been falsely implicated in the present case.
Further in parawise reply , the contents of para 14 of the petition have been denied for want to knowledge and contents of para 1 to 5 are stated to be matter of record. The contents of the remaining paras have also been denied on behalf of R1 and it has been prayed that the present petition may be dismissed .
4. WS has also been filed on behalf of R2/TATA AIG General Insurance Company Ltd, (insurer of the offending vehicle) and therein it has been stated that the car bearing no. DL7CP3264 was insured with the respondent/insurance company at the relevant time i.e on 19.4.2014 vide policy no. 010076351500 for the period from 23.4.2013 to 22.4.2014 in the name of Suresh Chander Vats on certain terms and conditions and the liabilities of respondent/Insurance company was limited subject to terms and conditions of the insurance policy. It is also stated therein that insurance company was relying upon the verification reports carried out by the IO.
5. In the present cases, since, common question of law and facts were involved in both these cases i.e petition bearing MACP No. 849/16 and DAR bearing MACP No. 946/16, the common issues were framed and the same were consolidated for the purpose of recording the evidence by treating the case bearing MACP No. 849/16 as "Leading Case" vide order dated 21.7.2014 passed by one of the Ld. Predecessors of this court.
On the basis of the pleadings of the parties, the following issues were framed in the abovesaid cases on 21.7.2014 by one of the Ld. Predecessors of this (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 7/42 8 court :
ISSUES :
1. Whether Nanki Devi sustained fatal injuries and Brij Kishore sustained injuries in a motor vehicle accident dated 19.4.2014 due to rash and negligent driving of vehicle no. DL7CP3264 by R1 ? ...OPP
2. Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
6. In support of their case, petitioners have examined PW1 Brij Kishore (petitioner/ injured in MACP No. 946/16) and PW2 Jagdish (petitioner no.1 in MACP No. 849/16) and thereafter, PE was closed on behalf of the petitioners.
7. In the instant cases, perusal of record reveals that no RE have been led on behalf of the respondents and on 14.9.2015, it was stated on behalf of R2/ insurance company that no RE was to be led and accordingly, RE was closed vide order dated 14.9.2015 passed by the Ld. Predecessor of this court.
8. I have heard the arguments put forward by Ld. counsels for the petitioners and R2/ insurance company and have carefully gone through record of the case. I have carefully considered the evidence led by the petitioners in support of their case. I have also carefully perused written submissions filed on behalf of the petitioners and R2/ insurance company.
It is pertinent to mention here that the arguments have not been (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 8/42 9 addressed in this case on behalf of R1 Suresh Chander Vats (drivercumowner of offending vehicle), despite opportunity being given.
9. The issuewise findings are as under :
10. ISSUE No. 1Whether Nanki Devi sustained fatal injuries and Brij Kishore sustained injuries in a motor vehicle accident dated 19.4.2014 due to rash and negligent driving of vehicle no. DL7CP3264 by R1 ? ...OPP The onus to prove the abovesaid issue no. 1 was upon the petitioners and in order to discharge the said onus , the petitioners have examined PW1 Brij Kishore , who has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 19.4.2014 at about 10:05 A.M, he was going to Dada Dev Mandir and was in the process of entering the said temple, when a car bearing DL 7CP3264 came at a very high speed, being driven in rash and negligent manner and hit him and thereafter it also hit a lady namely Nanki Devi and as a result of which, he sustained injuries and the abovesaid lady died due to the injuries sustained in the accident.
The important fact is that the abovesaid witness i.e. PW1 Brij Kishore was cross examined on behalf of R2/ insurance company, but nothing material has come on record which could assail the credibility or trustworthiness of this witness.
In his cross examination on behalf of R2/ insurance company, PW1 denied the suggestion that accident tookplace due to his own mistake. In these circumstances, nothing material has come on record which could shake the credibility of this witness qua his deposition regarding the manner in which the accident was (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 9/42 10 caused in this case.
Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that deceased Nanki Devi received fatal injuries and died and petitioner/injuredBrij Kishore sustained injuries in motor vehicle accident dated 19.4.2014 due to rash and negligent driving of offending vehicle no. DL7CP3264, which was being driven and owned by R1 Suresh Chander Vats and insured with R2/TATA AIG General Insurance Company Ltd at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners and against the respondents.11. ISSUE No. 2
Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP The onus to prove the abovesaid issue no. 2 in MACP No. 849/16 was upon the petitioners therein and in order to discharge the said onus, the petitioners have examined PW2 Jagdish ( petitioner no. 1 in MACP No. 849/16), who has filed his evidence by way of affidavit (Ex. PW2/A), wherein it has been stated that deceased Nanki Devi was his mother and she was about 64 years of age at the time of accident and she died due to the injuries sustained in a road accident on 19.4.2014 involving the offending vehicle bearing no.DL7CP3264. PW2 further deposed that his mother has left behind the petitioners herein as her only legal heirs and at the time of accident, her mother was doing private service and was earning Rs.20,000/ p.m and she was contributing her entire income for household expenses. PW2 has also relied upon the documents Ex. PW2/1 to Ex. PW2/9.
Hence view of the above and view of the material and evidence record, (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 10/42 11 it is clear that deceased Nanki Devi received fatal injuries and died in motor vehicle accident dated 19.4.2014 due to rash and negligent driving of offending vehicle no. DL7CP3264, which was being driven and owned by R1 Suresh Chander Vats and insured with R2/ TATA AIG General Insurance Company Ltd at the time of accident and as such, the petitioners, being the LRs of deceasedNanki Devi, have become entitled to claim compensation for death of the said deceased in the above said accident.
12. Quantum of compensation payable to LRs of the deceasedNanki Devi is ascertained under the following heads:
13. AGE & MULTIPLIER As per her MLC /postmortem report and other documents on record, deceased Nanki Devi was about 65 years of age at the time of accident on 19.4.2014. Hence, the multiplier of '7' is taken in this case.
14. LOSS OF DEPENDENCY In the present case, in view of the material/evidence on record, it is evident that at the time of accident, the deceased - Nanki Devi was married and her husband has already predeceased her and she has left behind eight LRs i.e. petitioner no.1 Jagdish ( son), petitioner no.2 Prabhati ( daughter), petitioner no.3 Sarvan ( son), petitioner no.4 Ram Karan ( son),petitioner no.5 Dhani Devi @ Dhanno Devi ( daughter), petitioner no.6 Pappu ( son), petitioner no.7 Sugna Devi (daughter) & petitioner no.8 Raju ( son). In these circumstances, in view of the law/guidelines laid down in the case titled as 'Sarla Verma & Ors. Vs. DTC & Anr' [reported as (2009 )6SCC 121] , 1/5th of the income of the deceased is liable to be (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 11/42 12 deducted from her total income towards personal and living expenses of the deceased.
In view of the above and in view of the material on record, the annual contribution of the deceased to the family multiplied by a multiplier as per above guidelines shall give the loss of dependency to the entire family.
In the instant case, it is being submitted on behalf of the petitioners that at the time of accident, the deceased Nanki Devi was doing private service and was earning Rs. 20,000/ p.m, however, no evidence, documentary or otherwise, regarding the said employment or income of the deceased have been brought on record by the petitioners and in absence thereof, the minimum wages prescribed during the relevant period ( dated 19.4.2014) i.e Rs. 8,554/p.m is taken as criteria for calculating the loss of dependency in the present case.
In view of the above, the loss of dependency to the family on account of the death of the deceased Nanki Devi can be calculated as under:
a) Income of deceased Nanki Devi :Rs. 8,554/ p.m
b) Addition towards future prospects : Nil (as deceased was above 60 years of age)
c) 1/5th deduction towards on personal and living expenses of deceased. : Rs. 1710/
d) Monthly loss of dependency (Rs. 8,554/ + Nil : Rs. 6,844/ Rs 1,710/)
e) Annual loss of dependency to the family due to death of deceased : Rs. 82,128/ (Rs. 6,844/ x 12) (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 12/42 13
f) Total loss of dependency to the family due to death of deceased ( Rs. 82,128/ x 7) : Rs.5,74,896/ Hence, in view of the above, the total loss of dependency to the family on account of death of the deceased Nanki Devi comes to Rs. 5,74,896 / and as such, the petitioners shall be entitled to the said amount i.e Rs. 5,74,896/(Rupees Five Lacs, Seventy Four Thousand, Eight Hundred Ninety Six only) as compensation under the head 'loss of dependency'.
15. LOSS OF ESTATE In terms of the judgment of the Hon'ble Supreme Court of India in the case titled as ' National Insurance Company Ltd. Vs. Pranay Sethi & Ors. ( reported as 2017 SCC OnLine SC 1720), a sum of Rs. 15,000/ is awarded towards the head 'loss of estate'.
16. FUNERAL EXPENSES Further, in terms of the law /guidelines laid down in the case National Insurance Co. Ltd Vs. Pranay Sethi ( supra), a sum of Rs. 15,000/ is awarded to the petitioners towards ' funeral expenses'.
17. LOSS OF LOVE AND AFFECTION In the instant case, due to the death of deceased Nanki Devi, her children i.e petitioner no.1 Jagdish ( son), petitioner no.2 Prabhati ( daughter), petitioner no.3 Sarvan ( son), petitioner no.4 Ram Karan ( son),petitioner no.5 Dhani Devi @ Dhanno Devi ( daughter), petitioner no.6 Pappu ( son), petitioner (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 13/42 14 no.7 Sugna Devi (daughter) & petitioner no.8 Raju ( son) have suffered loss of love and affection. In these circumstances and having regard to the fact and circumstances of the present case and in view of law /guidelines laid down in the case Magma General Insurance Co. Ltd Vs. Nanu Ram (supra), a sum of Rs.1,60,000/ (Rs.20,000/ each to petitioner nos. 1 to 8) is awarded as compensation under the head loss of love and affection .
18. The break up of compensation that has been awarded in favour of the petitioners have been tabulated as below : S. No. HEAD AMOUNT 1 Loss of dependency Rs.5,74,896 /
2. Loss of love and affection (20,000 x 8) Rs. 1,60,000/ 3 For funeral expenses Rs.15,000/ 4 Loss of estate Rs.15,000/ TOTAL Rs. 7,64,896/ rounded of as Rs. 7,65,000/
19. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 14/42 15 petitioners are awarded interest @ 9% per annum on the abovesaid compensation / award amount i.e Rs. 7,65,000/ from the date of filing of petition i.e. 09.7.2014 till realization.
20. APPORTIONMENT The abovesaid award amount i.e Rs. 7,65,000/ (Rupees Seven Lacs, Sixty Five Thousand only) shall be apportioned amongst the LRs of the deceased - Nanki Devi in the following manner with proportionate interest.
S. No. Name of the petitioner/relation with deceased Amount
1. Petitioner no.1 Jagdish ( son) Rs. 1,25,000/
2. Petitioner no.2 Prabhati ( daughter), Rs. 46,600/
3. petitioner no.3 Sarvan ( son), Rs. 1,25,000/
4. Petitioner no.4 Ram Karan ( son), Rs. 1,25,000/
5. Petitioner no.5Dhani Devi @ Dhanno Devi Rs. 46,600/ ( daughter),
6. Petitioner no.6 Pappu ( son), Rs. 1,25,000/
7. Petitioner no.7 Sugna Devi (daughter) Rs. 46,800/
8. Petitioner no.8 Raju ( son) Rs. 1,25,000/ Total Rs. 7,65,000/
21. RELIEF IN MACP No. 849/16 ( Jagidsh & Ors. Vs. Suresh Chander Vats & Anr.) Thus in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 15/42 16 Rs. 7,65,000/ (Rupees Seven Lacs, Sixty Five Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 09.7.2014 till realization is passed in favour of the petitioners-Jagidsh & Ors. and against the respondents .
22. FORMIVA SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN DEATH CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 19.4.2014
ii). Name of the deceased : Smt. Nanki Devi
iii). Age of the deceased : 65 years ( at the time of accident)
iv). Occupation of the deceased: Private Service
v). Income of the deceased : Rs. 8,554/
vi). Name , age and relationship of legal representative of deceased S.No. Name Age Relation with deceased
(i) Sh. Jagdish 50 years Son
(ii) Smt. Prabhati 55 years Daughter
(iii) Sh. Sarvan 49 years Son
(iv) Sh. Ram Karan 47 years Son,
(v) Smt. Dhani Devi @ Dhanno Devi 45 years Daughter
(vi) Sh. Pappu 43 years Son
vii) Smt. Sugna Devi 42 years Daughter
(vii) Sh. Raju 33 years Son (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 16/42 17 Computation of Compensation S. No. Heads Awarded by the Claims Tribunal
7. Income of the deceased (A) Rs. 8,554/per month
8. AddFuture Prospects (B) Nil
9. LessPersonal expenses of the deceased (C) Rs. 1,710/
10. Monthly loss of dependency Rs. 6,844/ [ (A+B)C=D]
11. Annual Loss of dependency ( D x12) Rs 8,2128/ 12. Multiplier (E) 7
13. Total loss of dependency (D x 12x E=F) Rs. 5,74,896/
14. Medical Expenses (G)
15. Compensation for loss of love and affection (H) Rs. 1,60,000/
16. Compensation for loss of consortium (I)
17. Compensation for loss of estate (J) Rs. 15,000/
18. Compensation towards funeral expenses (K) Rs. 15,000/
19. TOTAL COMPENSATION Rs. 7,64,896/ rounded of as (F+G+H+I+J+K=L) Rs. 7,65,000/
20. RATE OF INTEREST AWARDED
21. Interest amount up to the date of award (M) @ 9% per annum from the date of filing of petition i.e. 09.7.2014 till realization.
22. Total amount including interest ( L+M) Rs.7,65,000/ + @9% per annum from the date of filing of petition i.e. 09.7.2014 till realization.
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 17/42 18
23. Award amount released As per table given below
24. Award amount kept in FDRs As per table given below
25. Mode of disbursement of the award amount to By credit in the SB Account of the claimant (s) (Clause 29) the petitioners
26. Next Date for compliance of the award. 20.2.2019 ( Clause 31)
23. Further, the statement of petitioner/LRs of the deceased ( in MACP No. 849/16) regarding their financial status, needs and liabilities have also been recorded in this case. In view of the said statement of the petitioner / LRs of the deceased & having regard to facts and circumstances of the present case, the award amount shall be distributed as follows: S.No Name Status Amount of Release Amount of FDR Award Amount
1. Jagdish Son Rs. 1,25,000/ Rs. 25,000/ Rs. 1,00,000/ be kept in 20 FDRs of Rs. 5,000/ each for the period from one month to 20 months in the name of petitioner no.1 with cumulative interest.
2. Prabhati Daughter Rs. 46,600/ Rs. 6,600/ Rs. 40,000/ be kept in 10 FDRs of Rs. 4,000/ each for the period from one month to 10 months in the name of petitioner no.2 with cumulative interest.
3 Sarvan Son Rs. 1,25,000/ Rs. 25,000/ Rs. 1,00,000/ be kept in 20 FDRs of Rs. 5,000/ each for the period from (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 18/42 19 one month to 20 months in the name of petitioner no.3 with cumulative interest.
4. Ram Karan Son Rs. 1,25,000/ Rs. 25,000/ Rs. 1,00,000/ be kept in 20 FDRs of Rs. 5,000/ each for the period from one month to 20 months in the name of petitioner no.4 with cumulative interest.
5. Dhani Devi Daughter Rs. 46,600/ Rs. 6,600/ Rs. 40,000/ be kept in @Dhanno Devi 10 FDRs of Rs. 4,000/ each for the period from one month to 10 months in the name of petitioner no.5 with cumulative interest.
6.. Pappu Son Rs. 1,25,000/ Rs. 25,000/ Rs. 1,00,000/ be kept in 20 FDRs of Rs. 5,000/ each for the period from one month to 20 months in the name of petitioner no.6 with cumulative interest.
7. Sugna Devi Daughter Rs. 46,800/ Rs. 6,800/ Rs. 40,000/ be kept in 10 FDRs of Rs. 4,000/ each for the period from one month to 10 months in the name of petitioner no.7 with cumulative interest.
8. Raju Son Rs. 1,25,000/ Rs. 25,000/ Rs. 1,00,000/ be kept in 20 FDRs of Rs. 5,000/ each for the period from one month to 20 months in the name of petitioner no.8 with cumulative interest.
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 19/42 20 The abovesaid award amount shall be disbursed through Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
24. The onus to prove the abovesaid issue no. 2 in MACP No. 946/16 was upon the petitioner/injured Brij Kishore and in order to discharge the said onus, the petitioner/ injured Brij Kishore has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 19.4.2014 at about 10:05 A.M, he was going to Dada Dev Mandir and was in the process of entering the said temple, when a car bearing DL7CP3264 came at a very high speed, being driven in rash and negligent manner and hit him and thereafter it also hit a lady namely Nanki Devi and as a result of which, he sustained injuries. PW1 further deposed that after the accident, he was taken to DDU hospital where he was given initial treatment and thereafter he was shifted to Divya Prakash Hospital, Palam New Delhi , where he remained admitted from 19.4.2014 to 22.4.2014 and got treatment for the injuries sustained by him . PW1 deposed that he has spent Rs. One lakh on his treatment , Rs.40,000/ each conveyance and special diet and Rs. 20,000/ on physiotherapy. PW1 deposed that at the time of accident, he was doing private work as a painter and was earning Rs. 15,000/ p.m . PW1 has also relied upon the documents Ex. PW1/1 to Ex.PW1/2 ( colly.) Hence view of the above and view of the material and evidence record, it is clear that petitioner/ injured Brij Kishore sustained injuries in motor vehicle accident dated 19.4.2014 due to rash and negligent driving of offending vehicle no. DL7CP3264, which was being driven and owned by R1 Suresh Chander Vats and insured with R2/ TATA AIG General Insurance Company Ltd at the time of (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 20/42 21 accident and as such, the petitioner/ injured Brij Kishore has become entitled to claim compensation for the injuries sustained by him in the abovesaid accident.
Quantum of compensation payable to the petitioner/ injured Brij Kishore is ascertained under the following heads:
25. NATURE AND EXTENT OF INJURIES As per the medical treatment record pertaining to DDU Hospital, New Delhi and Divya Prastha Hospital, Palam Colony, New Delhi , petitioner/injured Brij Kishore has suffered abrasions on forehead , upper abdomen and swelling & abrasion on right shoulder due to the accident in this case and the nature of injuries on his person have been opined as 'simple'.
Further , the perusal of the record reveals that petitioner/injured Brij Kishore has not suffered any temporary or permanent disability due to the injuries sustained by him in the accident in this case.
26. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone initial treatment at DDU hospital, Hari Nagar, New Delhi and thereafter he was shifted to Divya Prastha Hospital, Palam Colony, New Delhi, where he remained admitted from 19.4.2014 to 22.4.2014 for treatment.
Further, in regard to the abovesaid treatment undergone by him at Divya Prastha Hospital, Palam Colony, New Delhi, petitioner/injured Brij Kishore has placed on record medical bills amounting to Rs. 17,000/( Ex. PW1/2) .In addition to the said medical bill Ex. PW1/2 amounting to Rs. 17,000/, the petitioner/injured has also placed on record, invoice/cash bills amounting to Rs. 4,660/ respectively. There is no reason to doubt the said bills/receipts. In these circumstances and in view (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 21/42 22 of the material on record, the petitioner/injured is entitled to a sum of Rs. 17,000 + Rs. 4660 = Rs. 21,660/ and accordingly, the petitioner/ injured Brij Kishore is awarded the said amount i.e Rs.21,660 /(Rupees Twenty One Thousand, Six Hundred Sixty Only ) towards medicines and medical treatment.
27. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that he was entitled to expenses towards conveyance and special diet, however ,no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner . Further, it is pertinent to note that as per the medical treatment record, petitioner/injured Brij Kishore has suffered abrasions on forehead , upper abdomen and swelling & abrasion on right shoulder due to the accident in this case and the nature of injuries on his person have been opined as 'simple'. In these circumstances and in view of the material on record, it is evident that petitioner/ injured would not have incurred any expenditure on conveyance or special diet as injuries sustained by him in the accident were simple in nature and as such , he would not have required any follow up visits to the hospital or special diet. Hence, the petitioner/injured shall not be entitled to any compensation under these heads in the instant case.
28. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, he has suffered loss of income , however, no evidence whatsoever, in this regard has been brought on record on behalf of the petitioner. Further, it is pertinent to note that as per the medical treatment record, petitioner/ injured Brij Kishore has suffered abrasions on forehead , upper abdomen and swelling & abrasion on right (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 22/42 23 shoulder due to the accident in this case and the nature of injuries on his person have been opined as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured has to how he has suffered loss of income when the injuries sustained by him were only abrasions and the said injuries were stated to be simple in nature. Hence, the petitioner/injured shall not be entitled to any compensation under this head in the present case.
29. PAIN & SUFFERINGS As per the settled law, for assessing the pain & sufferings, the following factors have to be taken into account :
(a) Nature of injury
(b) Parts of body where injuries occurred
(c) Surgeries, if any
(d) Confinement in hospital
(e) Duration of the treatment.
In the instant case, in view of the material/evidence on record, there is no element of doubt that the petitioner/injured has suffered abrasions on forehead , upper abdomen and swelling & abrasion on right shoulder due to the accident in this case and the nature of injuries on his person have been opined as 'simple'. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident and as such , a sum of Rs. 20,000/ ( Rupees Twenty Thousand only) is awarded to the petitioner towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 10,000/ (Rupees Ten Thousand only) as compensation for mental and physical shock suffered by him due to the accident in this case.
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 23/42 24
30. The breakup of compensation that has been awarded to the petitioner/injured Brij Kishore is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Medicines & Treatment Rs. 21,660/
2. Pain & Sufferings Rs. 20,000/
3. Compensation for mental and physical shock Rs. 10,000/ Total Rs. 51,660/ rounded of as Rs. 52,000/
31. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioner/injured is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 52,000/ from the date of filing of petition i.e. 03.6.2014 till realization.
32. RELIEF IN MACP No. 946/16 ( Brij Kishore Vs. Suresh Chander Vats & Anr. ) Thus, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of Rs. 52,000/ (Rupees Fifty Two Thousand only) alongwith interest @ 9% (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 24/42 25 p.a from the date of filing of the petition i.e 03.6.2014 till realization is passed in favour of the petitioner/injured-Brij Kishore and against the respondents.
33. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 09.4.2014
ii). Name of the injured : Brij Kishore
iii). Age of the injured : 48 years ( at the time of accident)
iv). Occupation of the injured : Private Job (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : DDU Hospital, New Delhi & Diva Prastha by the injured Hospital, Palam Colony, New Delhi
viii). Period of hospitalization : About 03 days
ix). Whether any permanent : No disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 21,660/
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant
(v) Loss of earning capacity
(vi) Loss of income
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 25/42
26
(vii) Any other loss which may require any
special treatment or aid to the injured for
the rest of his life
12. Non Pecuniary Loss:
(i) Compensation for mental and physical Rs. 10,000/
shock
(ii) Pain and suffering Rs. 20,000/
(iii) Loss of amenities of life
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, 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 assessed and nature Nil of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life span on account of disability
(iii) Percentage of loss of earning capacity in relation to disability
(iv) Loss of future income(Income x % Earning Capacity x Multiplier)
14. Total Compensation Rs. 51,660/ rounded of as Rs. 52,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 03.6.2014 till realization.
17. Total amount including interest Rs. 52,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 03.6.2014 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 26/42 27
20. Mode of disbursement of the award By credit in the SB Account of amount to the claimant(s) (Clause29) the petitioner/injured. 21 Next Date for compliance of the award. 20.2.2019 ( Clause 31)
34. Further, the statement of petitioner/injured Sh. Brij Kishore regarding his financial status, needs and liabilities have also been recorded in this case. In view of the said statement of the petitioner/injured and having regard to fact and circumstances of the present case, the award amount shall be distributed as follows: S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Brij Kishore Injured Rs. 52,000/ Rs. 4,000/ Rs. 48,000/ be kept in 12 FDRs of Rs. 4,000/ each for the period from one month to 12 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
35. LIABILITY ( In both the cases bearing MACP No. 849/16 & MACP No. 946/16) The offending vehicle bearing no. DL7CP3264 was being driven and owned by respondent No.1Suresh Chander Vats and was insured with respondent no.2/TATA AIG General Insurance Company Ltd at the time of accident and as (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 27/42 28 such, respondent no. 2/TATA AIG General Insurance Company Ltd being the 'principal tort feasor', shall be liable to pay the awarded amount in both these cases bearing MACP No. 849/16 & MACP No. 946/16).
Hence, in view of the above, Issue No. 2 is decided accordingly.
36. In both these cases bearing MACP No. 849/16 & MACP No. 946/16 , the award amounts shall be deposited /transferred by respondent no. 2/ TATA AIG General Insurance Company Ltd in the Account No. 37665510911 of 'MACT (SouthWest), Dwarka Courts, New Delhi ' at State Bank of India, District Court Complex, Sector10, Dwarka New Delhi (IFSC Code SBIN0011566 and MICR Code 110002483) by RTGS/NEFT/IMPS under intimation, with proof of notice to the claimant/petitioners and their counsel, to the Nazir of this court .
37. In MACP No. 849/16 , petitioner no.1Jagdish has produced the pass book of his SB Account No. 272910100026917 at Andhra Bank, Sector7, Dwarka, New Delhi ( IFSC Code No. ANDB0002729 ), wherein it has been endorsed that "No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no.1 Sh. Jagdish that the abovesaid cash amount may be transferred to his aforesaid SB Account at Andhra Bank, Sector7, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 272910100026917 of petitioner no.1Jagdish at Andhra Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 28/42 29 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Andhra Bank, Sector7, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner no.1Jagdish, as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.1.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no.1Jagdish .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no.1Jagdish without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no.1Jagdish .
The abovesaid Andhra Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner no.1 Jagdish and if the same have 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 petitioner no.1Jagdish .
Andhra Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner no.1Jagdish to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
38. In MACP No. 849/16 , petitioner no.2Prabhati Devi has produced the (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 29/42 30 passbook of her SB Account No. 25488100006284 at Bank of Baroda, Dausa Rajasthan (IFSC Code No. BARB0DAUSAX), wherein it has been endorsed that "No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 2Prabhati Devi that the abovesaid cash amount may be transferred to her aforesaid SB Account at Bank of Baroda, Dausa Rajasthan .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 25488100006284 of petitioner no. 2Prabhati Devi at Bank of Baroda, Dausa Rajasthan and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Bank of Baroda, Dausa Rajasthan is directed to release the abovesaid cash amount to petitioner no. 2Prabhati Devi , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.2.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 2Prabhati Devi .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 2Prabhati Devi without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 30/42 31 petitioner no. 2Prabhati Devi .
The abovesaid Bank of Baroda, Dausa Rajasthan is also directed not to issue any cheque book and/or debit card to the petitioner no. 2Prabhati Devi and if the same have 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 petitioner no. 2Prabhati Devi .
Bank of Baroda, Dousa Rajasthan shall permit account holder i.e petitioner no. 2Prabhati Devi to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
39. In MACP No. 849/16 , petitioner no.3Sarvan has produced the pass book of his SB Account No. 272910100026883 at Andhra Bank, Sector7, Dwarka, New Delhi (IFSC Code No. ANDB0002729), wherein it has been endorsed that "No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 3Sarvan that the abovesaid cash amount may be transferred to his aforesaid SB Account at Andhra Bank, Sector7, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 272910100026883 of petitioner no. 3Sarvan at Andhra Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Andhra Bank, Sector7, Dwarka, New Delhi is directed to (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 31/42 32 release the abovesaid cash amount to petitioner no.3Sarvan , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.3.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 3Sarvan .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 3Sarvan without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no. 3Sarvan .
The abovesaid Andhra Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner no. 3 Sarvan and if the same have 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 petitioner no. 3Sarvan .
Andhra Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner no. 3Sarvan to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
40. In MACP No. 849/16 , petitioner no.4Ram Karan has produced the passbook of his SB Account No. 144710039858 at Dena Bank, Dausa Rajasthan (IFSC Code No. BKTN0711447), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 32/42 33 It is being requested on behalf of the petitioner no. 4Ram Karan that the abovesaid cash amount may be transferred to his aforesaid SB Account at Dena Bank, Dausa Rajasthan .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 144710039858 of petitioner no. 4Ram Karan at Dena Bank, Dausa Rajasthan and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Dena Bank, Dausa Rajasthan is directed to release the above said cash amount to petitioner no. 4Ram Karan , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.4.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 4Ram Karan .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 4Ram Karan without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no. 4Ram Karan .
The abovesaid Dena Bank, Dausa Rajasthan is also directed not to issue any cheque book and/or debit card to the petitioner no. 4Ram Karan and if (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 33/42 34 the same have 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 petitioner no. 4Ram Karan .
Dena Bank, Dausa Rajasthan shall permit account holder i.e petitioner no. 4Ram Karan to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
41. In MACP No. 849/16 , petitioner no.5Dhani Devi @ Dhanno Devi has produced the passbook of her SB Account No. 272910100028173 at Andhra Bank, Sector7, Dwarka, New Delhi (IFSC Code No. ANDB0002729), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 5Dhani Devi @ Dhanno Devi that the abovesaid cash amount may be transferred to her aforesaid SB Account at Andhra Bank, Sector7, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 272910100028173 of petitioner no. 5Dhani Devi @ Dhanno Devi at Andhra Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Andhra Bank, Sector7, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner no.5Dhani Devi @ Dhanno Devi , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 34/42 35 aforesaid savings bank account of petitioner no.5.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 5Dhani Devi @ Dhanno Devi .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 5Dhani Devi @ Dhanno Devi without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no.5Dhani Devi @ Dhanno Devi.
The abovesaid Andhra Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner no. 5 Dhani Devi @ Dhanno Devi and if the same have 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 petitioner no. 5Dhani Devi @ Dhanno Devi .
Andhra Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner no. 5Dhani Devi @ Dhanno Devi to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
42. In MACP No. 849/16 , petitioner no.6Pappu has produced the pass book of his SB Account No. 606601011001713 at Vijaya Bank, Sector7, Dwarka, New Delhi (IFSC Code No. VIJB0006066), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 6Pappu that the abovesaid cash amount may be transferred to his aforesaid SB Account at (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 35/42 36 Vijaya Bank, Sector7, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 606601011001713 of petitioner no. 6Pappu at Vijaya Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Vijaya Bank, Sector7, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner no. 6Pappu , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.6.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 6Pappu .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 6Pappu without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no. 6Pappu .
The abovesaid Vijaya Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner no. 6 Pappu and if the same have already been issued, the said bank is directed to cancel (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 36/42 37 the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner no. 6Pappu .
Vijaya Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner no. 6Pappu to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
43. In MACP No. 849/16 , petitioner no.7Sugna Devi has produced the passbook of her SB Account No. 251210100037418 at Andhra Bank, Dausa , Rajasthan (IFSC Code No. ANDB00025), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 7Sugna Devi that the abovesaid cash amount may be transferred to her aforesaid SB Account at Andhra Bank, Dausa , Rajasthan .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 251210100037418 of petitioner no. 7Sugna Devi at Andhra Bank, Dausa , Rajasthan and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Andhra Bank, Dausa , Rajasthan is directed to release the abovesaid cash amount to petitioner no. 7Sugna Devi , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.7.
All the original FDRs shall be retained by the concerned bank, however, (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 37/42 38 the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 7Sugna Devi .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 7Sugna Devi without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no.7Sugna Devi.
The abovesaid Andhra Bank, Dausa , Rajasthan is also directed not to issue any cheque book and/or debit card to the petitioner no. 7Sugna Devi and if the same have 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 petitioner no. 7Sugna Devi .
Andhra Bank, Dausa , Rajasthan shall permit account holder i.e petitioner no. 7Sugna Devi to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
44. In MACP No. 849/16 , petitioner no.8Raju has produced the pass book of his SB Account No. 272910100026935 at Andhra Bank, Sector7, Dwarka, New Delhi (IFSC Code No. ANDB0002729), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner no. 8Raju that the abovesaid cash amount may be transferred to his aforesaid SB Account at Andhra Bank, Sector7, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 38/42 39 the abovesaid SB Account No. 272910100026935 of petitioner no. 8Raju at Andhra Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Andhra Bank, Sector7, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner no. 8Raju, as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.8.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner no. 8Raju .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 8Raju without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner no. 8Raju .
The abovesaid Andhra Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner no. 8Raju and if the same have 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 petitioner no. 8Raju .
Andhra Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner no. 8Raju to withdraw money from his abovesaid saving bank (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 39/42 40 account by means of a withdrawal form .
45. In MACP No. 946/16 , petitioner/injured Brij Kishore has produced the passbook of his SB Account No. 520101253329784 at Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi (IFSC Code No. CORP0000452), wherein it has been endorsed that " No Cheque book & Debit Card issued ".
It is being requested on behalf of the petitioner/injured Brij Kishore that the abovesaid cash amount may be transferred to his aforesaid SB Account at Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 520101253329784 of petitioner/injured Brij Kishore at Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager, Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Brij Kishore, as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner/injured Brij Kishore .
Manager of the concerned bank is directed not to permit premature (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 40/42 41 encashment or loan qua the abovesaid FDRs to the petitioner/injured Brij Kishore without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner/injured Brij Kishore .
The abovesaid Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured Brij Kishore and if the same have 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 petitioner/injured Brij Kishore .
Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi shall permit account holder i.e petitioner/injured Brij Kishore to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
46. The R3/Insurance company shall inform the petitioners in both the case bearing MACP No. 849/16 & MACP No. 946/16 as well as their counsel through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioners to know about the deposit in the account.
Certified copy of this award be sent to the concerned Manager, SBI, District Courts Complex, Sector 10, Dwarka, New Delhi , Manager, Andhra Bank, Sector7, Dwarka, New Delhi , Manager, Bank of Baroda, Dousa Rajasthan, Manager, Dena Bank, Dausa Rajasthan , Manager, Vijaya Bank, Sector7, Dwarka, New Delhi, Manager,Andhra Bank, Dausa , Rajasthan & Manager,Corporation Bank, Adilbadh, Dabri Main Road, Palam, New Delhi , for information / compliance.
Certified copy of this award be also given ''Dasti' to the petitioners/their (MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 41/42 42 counsel and Ld. Counsel for the respondent/insurance company.
Certified copy of this award be also sent to the concerned Ld. Metropolitan Magistrate and Delhi State Legal Services Authority.
The main judgment be placed in the file pertaining to the leading/ main case bearing MACP No. 849/16 and the copy thereof be placed in the file of connected case bearing MACP No. 946/16 .
Ahlmad is directed to prepare the separate misc. files and put up the same for filing of the compliance report on 20.2.2019.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 16.1.2019) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
16.1.2019
(MACP Nos. 849/16 & 946/16 ) Jagdish & Brij Kishore Vs. Suresh Chander Vats & Anr. 42/42