Delhi District Court
Master Babu S/O Sh. Raju vs Sh. Vishal Khanna S/O Sh. Vijay Kumar ... on 15 March, 2016
IN THE COURT OF MS. SANTOSH SNEHI MANN,
JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL02, WEST DISTRICT,
TIS HAZARI COURTS, DELHI
Suit No.: 335/2015
Unique Case ID No.: 02401C0261492015
Master Babu S/o Sh. Raju
R/o: Rabhubir Nagar, Khayala, New Delhi
(Injured)
(Through Ms. Sharda W/o Sh. Parkash,
Grand mother/guardian) .......... Petitioner
Versus
1. Sh. Vishal Khanna S/o Sh. Vijay Kumar Khanna
R/o: 634, Anand Kunj, Vikas Puri,
Tilak Nagar, New Delhi
(Owner)
2. HDFC ERGO General Insurance Company Limited
Ground Floor, Eros Tower,
Opposite Nehru Place Metro Station,
South Delhi, New Delhi - 110019
(Insurer) .......... Respondents
Date of Institution : 19.05.2015 Date of Award : 15.03.2016 AWARD
1. Detailed Accident Report (hereinafter referred as DAR) filed in FIR No. 448/2015, under Section 279/337 IPC, Police Station Tilak Nagar was registered as claim petition of Master Babu for compensation for the injuries suffered by him in a vehicular accident on 09.03.2015. As per the final Suit No.: 335/2015 Page No. 1 of 4 report filed by the police after investigation, Munna Lal, driver of the offending vehicle had died due to heart attack at the spot.
2. Brief facts as per DAR are that on 09.03.2015 at about 02.35 pm at Red Light Subhash Nagar Morh, Tilak Nagar, New Delhi Master Babu was hit by a Car bearing Registration No. DL4CAF6899 and consequently he suffered head injuries. Allegedly the offending vehicle was driven by deceased Munna Lal in a rash and negligent manner. Respondent No. 1 Vishal Khanna is the registered owner of the offending vehicle, which was insured with HDFC ERGO General Insurance Company Limited (Respondent No. 2).
3. Respondent No. 1 Vishal Khanna, owner of the offending vehicle, did not file written statement.
4. Written submissions/reasoned response has been filed on behalf of the respondent No. 2 Insurance Company, wherein it is admitted that the offending vehicle i.e. Car bearing Registration No. DL4CAF6899 was insured with HDFC ERGO General Insurance Company Limited vide Policy No. 2311200974622400000 valid from 30.01.2015 to 29.01.2016, including the date of the accident.
5. Ms. Sharda, grand mother/guardian of Master Babu and Sh. M. Awasthi, counsel for the respondent No. 2 Insurance Company negotiated and agreed to settle the claim for Rs. 25,000/. Their statements were recorded separately to this effect. Grand mother/guardian of Master Babu was identified by the counsel.
6. I have heard Sh. U. K. Shandilya, Legal Aid Counsel for the petitioner and Sh. M. Awasthi, counsel for the respondent No. 2 Insurance Company. I Suit No.: 335/2015 Page No. 2 of 4 have carefully perused the record.
7. I am satisfied that parties have settled the claim without any inducement, force or coercion. In view of the statements of the parties, I pass an award in the sum of Rs. 25,000/ (Rupees Twenty Fifty Thousand Only) as full and final compensation to injured Master Babu for the injury suffered by him. Liability of both the respondents is joint and several. Since the offending vehicle was insured to cover third party risk, respondent No. 2, Insurance Company, who has indemnified Vishal Khanna, the registered owner of the offending vehicle (Respondent No. 1), is under the statutory liability to pay the compensation.
8. Respondent No. 2 Insurance Company shall deposit the award amount within 30 days from the date of Award in the State Bank of India, Tis Hazari Branch, Delhi in the name of the petitioner under intimation to the petitioner and the Tribunal. In default of payment within the prescribed period, respondent No. 2, Insurance Company shall be liable to pay interest @ 12% pa for the period of delay till its realisation.
9. While making the deposit, Insurance Company shall mention the particulars of this case, name of the Tribunal and the date of decision on the back side of the cheque. Insurance Company shall also file copy of the award attested by its responsible officer in the bank at the time of deposit. Insurance Company is further directed to place on record proof of deposit of the award amount, proof of delivery of notice to the petitioner in respect of deposit of the award amount and complete details in respect of calculation of interest etc. in the Tribunal within 30 days with effect from today.
10. In order to avoid the money being frittered away, the entire award amount Suit No.: 335/2015 Page No. 3 of 4 shall be kept in FDR for the period till after five (05) years of the injured attaining the age of majority. No loan or advance shall be allowed against the deposit. However, Ms. Sharda, grand mother/guardian of injured child can withdraw quarterly interest on the FDR.
11. Petitioner shall open account in State Bank of India, Tis Hazari Branch, Delhi. Manager of the Bank shall comply and release the award amount to the petitioner in terms of the Award.
12. Copy of the Award be given to the parties free of cost.
13. Nazir is directed to prepare a separate file for compliance report and put up on 26.04.2016.
14. File be consigned to Record Room.
Announced in the open Court (Santosh Snehi Mann)
on 15.03.2016 Judge, Motor Accident Claims Tribunal02,
West District, Tis Hazari Courts, Delhi
Suit No.: 335/2015 Page No. 4 of 4