Delhi District Court
Sushant Kumar (Dar) vs Anubha Sood (280/23 Kmp on 14 March, 2024
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IN THE COURT OF MS. CHARU GUPTA
PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-01 (SE), SAKET COURTS : NEW DELHI
Misc No: 1361/2023
Sushant Kumar Jena vs. Anubha Sood
1. Sushant Kr Jena
S/o Sh. Nirankar Jena
R/o H.No. C 1/67F/F
near Tinu Public School,
Sangam Vihar, New Delhi
....Petitioner
VERSUS
1. Smt. Anubha Sood
W/o Sh. Ritesh Kumar Sood
R/o House no. A 104, Silver Pearls-2
3rd Floor, Sec. 28, Dwarka,
Bamnoli Dhulsiras, New Delhi
....Driver-cum-owner /R-1
2. IFFCO Tokio General Insurance Co. Ltd.
I-107 A, 1st Floor, Kirti Nagar
New Delhi-110015
....Insurance company/R-2
Date of Accident : 27.07.2023
Date of filing of DAR : 12.12.2023
Date of settlement : 14.03.2024
AWARD
1. Present DAR has been filed in respect of FIR bearing No.
280/2023, which was registered at P.S. K. M. Pur and it was
reported that injured received injuries in a road traffic accident,
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which took place on 27.07.2023. The plea of claimant is that the
accident took place due to rash and negligent driving by the
respondent No. 1/driver cum owner while driving the offending
vehicle bearing No. DL-9CAW-2096 at the time of accident.
2. Matter has been settled between claimant and insurance company for a sum of Rs.2,15,000/- (Rupees two lacs and fifteen thousand). Statement of learned counsel for claimant and insurance company recorded separately to this effect.
3. In view of above, the matter is disposed of passing an award for a sum of Rs.2,15,000/- (rupees two lacs and fifteen thousand) in favour of claimant/petitioner payable by insurance company of offending vehicle to the claimant/petitioner within 30 days from today failing which the amount shall be payable with interest at the rate of 9% p.a. from the date of filing of petition till realization.
4. The award amount shall be deposited with State Bank of India, Saket Court Branch, New Delhi by way of RTGS/NEFT/IMPS in account of MACT PARKING FUND, A/c No. 00000042706875094, IFS Code SBIN0014244 and MICR code 110002342 under intimation to the Nazir along with calculation of interest and to the Counsel for the petitioners.
MODE OF DISBURSEMENT OF THE AWARD AMOUNT TO THE CLAIMANTS AS PER THE PROVISIONS OF THE 'MODIFIED CLAIM TRIBUNAL AGREED ss :3: PROCEDURE' (MCTAP).
5. This Tribunal is in receipt of the orders dated 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO no. 842/2003 titled as Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors whereby the Hon'ble High Court of Delhi has formulated MACAD (Motor Accident Claims Annunity Deposit Scheme) which has been made effective from 01.01.2019. The said orders dated 07.12.2018 also mentions that 21 banks including State Bank of India is one of such banks which are to adhere to MACAD. The State Bank of India, Saket Courts, Delhi is directed to disburse the amount in accordance with MACAD formulated by the Hon'ble High Court of Delhi.
6. Keeping in view the entirety of the facts and circumstances involved in the present case and the abovesaid guidelines laid down by Hon'ble High Court of Delhi, the respondent no.2/insurance company is directed to deposit the amount of Rs.2,15,000/- as stated herein above with SBI, Saket Courts, Delhi.
APPORTIONMENT
7. Total award amount, be released to such claimant/petitioner/injured in his bank account near his place of residence.
8. The following conditions are to be adhered to by SBI, Saket Courts, Delhi with respect to the fixed deposits:-
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(a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant(s) i.e. the savings bank account(s) of the claimant(s) shall be an individual savings bank account(s) and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant(s) near the place of their residence.
(d) The maturity amounts of the FDR(s) be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant (s) near the place of their residence.
(e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court.
(f) The concerned bank shall not be issue any cheque book and/or debit card to claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card (s) freeze the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank.
(g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court and claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance.
(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbook(s) of the claimant(s) is sufficient compliance of clause (g) above.
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9. Copy of this settlement award be given to the parties free of cost and a copy of award be also sent to DLSA, South East, Delhi as well as to the Ld. Metropolitan Magistrate concerned.
10. List for compliance on 16.04.2024.
Announced in open Court on 14th March, 2024 (Charu Gupta) PO-MACT-01(South-East) Saket Court/ New Delhi ss