Delhi District Court
Priyanshi Koli vs Vinod Paswan on 17 August, 2023
IN THE COURT OF SH. ASHUTOSH KUMAR : JUDGE
(MACT)-01 (CENTRAL) TIS HAZARI COURTS, DELHI
(1) CNR No. DLCT01-005587-2023
MACT No. 353/2023
Shivanshika Vs Vinod Paswan & Ors.
FIR No. 35/2023
PS: I.P. Estate
U/s-279/337 IPC
Shivanshika
D/o Sh. Tejpal Koli
R/o H.No. D-102, Gali no.01,
Mukund Vihar, Karawal Nagar,
North-East, Delhi.
........Petitioner
Versus
1. Vinod Paswan (Driver)
S/o Sh. Regan @ Ramiqbal
R/o Vill. Bhingari Bazar Bhatpar Rani,
Deoria (UP) 274702
2. Rahul (Owner)
S/o Sh. Bharu Ram
R/o H.No. I-330/7, Hari Nagar Extn.
Jaitpur, New Delhi.
3. The Oriental Insurance Co. Ltd. (Insurer)
Office at: Oriental House, 2nd Floor,
A-25/27, Asaf Ali Road, Delhi.
......Respondents
(2) CNR No. DLCT01-005585-2023
MACT No. 354/2023
Priyanshi Koli Vs Vinod Paswan & Ors.
FIR No. 35/2023
PS: I.P. Estate
U/s-279/337 IPC
Priyanshi Koli
D/o Sh. Tejpal Koli
R/o H.No. D-102, Gali no.01,
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 1 of 35
Mukund Vihar, Karawal Nagar,
North-East Delhi.
........Petitioner
Versus
1. Vinod Paswan (Driver)
S/o Sh. Regan @ Ramiqbal
R/o Vill. Bhingari Bazar Bhatpar Rani,
Deoria (UP) 274702
2. Rahul (Owner)
S/o Sh. Bharu Ram
R/o H.No. I-330/7, Hari Nagar Extn.
Jaitpur, New Delhi.
3. The Oriental Insurance Co. Ltd. (Insurer)
Office at: Oriental House, 2nd Floor,
A-25/27, Asaf Ali Road, Delhi.
......Respondents
(3) CNR No. DLCT01-005586-2023
MACT No. 355/2023
Riyanshi Koli Vs Vinod Paswan & Ors.
FIR No. 35/2023
PS: I.P. Estate
U/s-279/337 IPC
Riyanshi Koli
D/o Sh. Tejpal Koli
R/o H.No. D-102, Gali no.01,
Mukund Vihar, Karawal Nagar,
North-East Delhi.
........Petitioner
Versus
1. Vinod Paswan (Driver)
S/o Sh. Regan @ Ramiqbal
R/o Vill. Bhingari Bazar Bhatpar Rani,
Deoria (UP) 274702
2. Rahul (Owner)
S/o Sh. Bharu Ram
R/o H.No. I-330/7, Hari Nagar Extn.
Jaitpur, New Delhi.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 2 of 35
3. The Oriental Insurance Co. Ltd. (Insurer)
Office at: Oriental House, 2nd Floor,
A-25/27, Asaf Ali Road, Delhi.
......Respondents
(4) CNR No. DLCT01-005584-2023
Tulsi Koli Vs Vinod Paswan & Ors.
MACT No. 356/2023
FIR No. 35/2023
PS: I.P. Estate
U/s-279/337 IPC
Smt. Tulsi Koli (Injured)
W/o Sh. Tejpal Koli
R/o H.No. D-102, Gali No.1,
Mukund Vihar, Karawal Nagar, North-East,
Delhi-110094.
......Petitioner
Versus
1. Vinod Paswan (Driver)
S/o Sh. Regan @ Ramiqbal
R/o Vill. Bhingari Bazar Bhatpar Rani,
Deoria (UP) 274702
2. Rahul (Owner)
S/o Sh. Bharu Ram
R/o H.No. I-330/7, Hari Nagar Extn.
Jaitpur, New Delhi.
3. The Oriental Insurance Co. Ltd. (Insurer)
Office at: Oriental House, 2nd Floor,
A-25/27, Asaf Ali Road, Delhi.
......Respondents
Date of filing of common DAR: 21.04.2023
qua all the aforesaid 04 petitions:
Judgment Reserved on: 16.08.2023
Date of Award: 17.08.2023
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 3 of 35
A W A R D:
1. Vide this common judgment, I shall dispose of all
the abovesaid four claim petitions arising out of case FIR No.
35/2023,PS: I.P. Estate,U/s-279/337 IPC pertaining to the
accident in question.
2. Detailed Accident Report (DAR) was filed by the
investigation agency on 21.04.2023 in terms of the provisions
of Motor Vehicle Act regarding a Road Traffic Accident which
took place on 22.01.2023, at around 01:30 p.m., at Salimgarh
Flyover towards Sarai Kale Khan, near IGI Stadium, ITO,
elhi, wherein the injured persons/petitioners namely minor
Shivanshika (in MACT No. 353/2023), minor Priyanshi Koli
(in MACT No. 354/2023), minor Riyanshi Koli (in MACT No.
355/2023) and Tulsi Koli (in MACT No. 356/2023) had
sustained simple injuries, involving vehicle bearing registration
no. DL-1LAF-0159, being driven by respondent no. 1 Vinod
Paswan, owned by respondent no. 2 Rahul and insured with
respondent no.3 The Oriental Insurance Company Ltd.
Separate claim petitions were ordered to be registered qua all the
aforesaid 04 injured persons.
BRIEF FACTS
3. The Facts in brief as emerged from the Detailed Accident Report (DAR) are that on 22.01.2023, one Tejpal Koli was going to Kalka Mata Mandir, Kalkaji from Outer Ring Road, on his motorcycle bearing registration no. DL-05SCH-1056 along with his wife Tulsi Koli and their three minor daughters namely Priyanshi Koli (aged 14 yrs), Riyanshi Koli (aged 07 years) and Shivanshika Koli (aged 04 years), who all were sitting MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 4 of 35 as pillion riders on the said motorcycle. At about 1.30 p.m., when said Tejpal while driving the aforesaid motorcycle, reached at Salimgarh Flyover, in front of IGI Stadium towards Sarai Kale Khan, in the meantime, one Truck bearing registration no. DL- 1LAF-0159 of white colour, which was being driven in a rash and negligent manner and at high speed, had hit the motorcycle of said Tejpal from right side and ran away, as a result of which the said Tejpal along with his wife and aforesaid children as well as the motorcycle fell down on the road. Said Tejpal Koli did not sustain any injury, however, his wife and his abovesaid three children had sustained injuries, who are petitioners in MACT No. 353/2023, MACT No. 354/2023, MACT No. 355/2023 and MACT No. 356/2023. Some pedestrian had removed Tejpal Koli and his family to LNJP hospital in his vehicle. GD No. 0041A was recorded at PS I.P. Estate at 10:21:16 hours regarding admission of petitioners/injured persons Shivanshika (pertains to MACT No. 353/2023), Priyanshi Koli (pertains to MACT No. 354/2023), Riyanshi Koli (pertains to MACT No. 355/2023) and Tulsi Koli ( pertains to MACT No. 356/2023) in LNJP hospital. The said DD was marked to SI Kailash, who along with HC Rakesh reached at LNJP Hospital and collected MLCs bearing no. 115122514 of Shivanshika Koli (in MACT No. 353/2023), 115122513 of Priyanshi Koli (in MACT No. 354/2023), 115122515 of Riyanshi Koli (in MACT No. 355/2023) and 115122512 of Tulsi Koli (in MACT No. 356/2023), wherein alleged history of RTA near IGI Stadium on flyover around 1:50 p.m. as told by B/B was mentioned. All the 04 injured persons were under treatment. Eye witness Tejpal was met in the hospital, who told that he was not in a state to give MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 5 of 35 statement as his entire family had sustained injuries and that he will give statement later on. Thereafter SI Kailash along with HC Rakesh reached at the spot i.e. Salimgarh Flyover towards Sarai Kale Khann, where on the road in front of IGI Stadium, accidental bike bearing no. DL-5SCH-1056 was found stationed. Neither any eye-witness nor any CCTV camera was found at the spot. The said accidental bike was taken into police possession. Thereafter SI Kailash again reached at LNJP Hospital, where aforesaid injured persons were under treatment. Tejpal stated that he was very disturbed and cannot tell anything. Thereafter SI Kailash came to the PS. On the basis of the MLCs and circumstances, FIR No. 35/2023, U/s-279/337 IPC was registered at PS-I.P. Estate. Case property was deposited in the malkhana. After that, SI Kailash again reached at the spot and prepared the site plan. Complainant/driver of abovesaid motorcycle Tejpal got recorded his statement. During investigation, SI Kailash gave notice u/s 133 M.V. Act to the owner of the aforesaid offending truck. The said offending vehicle was found involved in another accident matter, which was found deposited in workshop for repairing and was not in a moving condition. However, the same was formally seized and its mechanical inspection was got conducted. The driver of the offending truck no. DL-1LAF-0159 namely Vinod Paswan (respondent no. 1 herein) was produced by the owner and the said driver (respondent no.1 herein) was arrested in this case and was released on bail. Driving licence of driver Vinod Paswan and documents of offending Truck no. DL-1LAF-0159 and motorcycle of complainant were got verified. During investigation, the complainant Tejpal Koli was not found having MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 6 of 35 any valid driving licence and for triple riding, kalandara u/s 3/181 M.V. Act and u/s 194A M.V. Act was initiated against him. The result on the MLCs of all the four injured persons was obtained, which was opined to be simple in nature. On completion of investigation, charge-sheet u/s 279/337 IPC was filed against respondent no. 1 Vinod Paswan in the concerned Magisterial Court, whereas DAR (Detailed Accident Report) under said Sections was filed before this Tribunal on 21.04.2023.
4. On 22.05.2023, reply was filed on behalf of respondent no.3-insurance company, whereas respondents no. 1 and 2 had not filed any WS despite grant of opportunity to them and as such their defence was struck off vide order dated 07.06.2023. However, on an application, the order qua striking of the defence of respondents no. 1 & 2 was recalled and reply/WS filed on behalf of said respondents was taken on record, wherein it was claimed that the offending vehicle was falsely implicated in the present case and no such accident took place with the offending vehicle. It was further claimed that the offending vehicle was insured with respondent no. 3-insurance company.
5. The respondent no. 3-The Oriental Insurance Company Ltd. had admitted that the offending vehicle bearing No. DL-1LAF-0159 was insured with it in favour of respondent no.2 Rahul vide Policy No. 242596/31/2023/TMC/874, valid from 10.04.2022 to 09.04.2023. However, the respondent no.3 did not file any legal offer, while stating that the said respondent was not liable to pay any compensation to all the aforesaid MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 7 of 35 injured persons as the driver of the motorcycle bearing registration no. DL-5SCH-1056 was overloaded and its speed was very high, as a result of which, it got dis-balanced and accident had occurred and that its driver was driving the same without having any driving licence at the time of accident and as such kalandara u/s 3/181 M.V. Act and u/s 194A M.V. Act was filed against the said driver. It is further stated in the reply that the offending vehicle bearing no. DL-1LAF-0159 was falsely implicated in the present case as its number was not mentioned in the FIR and there is no CCTV footage qua the accident in question.
ISSUES FRAMED
6. On the basis of the pleadings of the parties, vide order dated 07.06.2023, this Tribunal had framed the following issues in MACT No. 353/2023, MACT No. 354/2023, MACT No. 355/2023 and MACT 356/2023:
Issue No.1: Whether the petitioner/injured suffered simple injuries in an accident that took place on 22.01.2023, at around 1:30 p.m., at Salimgarh flyover towards Sarai Kale Khan, near IGI Stadium, ITO, Delhi, involving vehicle bearing registration no. DL-1LAF-0159, driven rashly and negligently by respondent no. 1 Vinod Paswan, owned by respondent no. 2 Rahul and insured with respondent no. 3- The oriental Insurance Co. Ltd.? (OPP) Issue No. 2: Whether the petitioner/ injured is entitled for compensation? If so, to what amount and from whom?
(OPP).
Issue No.3: Relief.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 8 of 35
7. Since the respondent no.3-insurance company disputed its liability, therefore, the evidence in all the MACT Claim Petition Nos. 353/2023, 354/2023, 355/2023 and 356/2023 was got recorded through Ld. Local Commissioner.
EVIDENCE
8. After completion of evidence, the Ld. Local Commissioner had sent her report along with the evidences recorded. Perusal of report of Ld. Local Commissioner reveals that only in MACT Claim Petition No. 356/2023, titled as Tulsi Koli Vs Vinod Paswan & Ors., the injured/petitioner Tulsi Koli entered into witness box as PW1 and no evidence was lead by any of the respondents. Whereas in MACT Claim Petition Nos. 353/2023, 354/2023 and 355/2023, neither any evidence was lead on behalf of the injured/petitioners namely Shivanshika, Priyanshi Koli and Riyanshi Koli respectively as all these three injured were minor nor any evidence was lead by any of the respondents in these three cases.
FINDINGS & OBSERVATIONS
9. I have heard Ld. Counsels for the parties and have perused the written submissions filed by respondent no.3- insurance company in MACT NO. 356/2023.
10. My findings on the various issues are as under:-
Issue NO. 1: Whether the petitioner/injured suffered simple injuries in an accident that took place on 22.01.2023, at around 1:30 p.m., at Salimgarh flyover towards Sarai Kale Khan, near IGI Stadium, ITO, Delhi, involving vehicle bearing registration no.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 9 of 35 DL-1LAF-0159, driven rashly and negligently by respondent no. 1 Vinod Paswan, owned by respondent no. 2 Rahul and insured with respondent no. 3- The oriental Insurance Co. Ltd.? (OPP)
11. The onus to prove the above issue was upon the petitioner/injured in MACT No. 353/2023, MACT No. 354/2023, MACT No. 355/2023 and MACT 356/2023. Admittedly, petitioner/injured in MACT No. 353/2023, MACT No. 354/2023 and MACT No. 355/2023 are minors and no evidence was lead by them. The petitioner/injured Tulsi Koli in MACT No. 356/2023 is the mother of all the said minor injured persons.
12. In MACT No. 356/2023, titled as Tulsi Koli Vs Vinod Paswan & Ors., the injured/petitioner Tulsi Koli had examined herself as PW1. She tendered her evidence by way of affidavit Ex. PW1/A, wherein she has stated as under:-
"1. That I am a claimant who live on the above mentioned address and met with a road accident on 22.01.2023 at about 1:30 PM, due to the negligent act and use of offending vehicle i.e. white truck (Tata motors) bearing no. DL-1LAF-0159. The photocopy of Identity (aadhar card) is exhibited as Ex-PW1/1.
2. That the accident had taken place on 22.01.2023 in the jurisdiction of PS I.P. Estate. I along with husband and daughter Priyansi Koli age 14 years, daughter Riyanshi Koli age 07 years and daughter Shivansika Koli age 40 years was going to Kalka mata mandir kalka ji on my husband's motorcycle No. DL-5SCH- 1056 and at that time when we reached at MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 10 of 35 Sleem Garh flyover in the front of IGI Stadium towards Sarai Kale Kha, the driver of the offending vehicle i.e. white Truck (tata motors) bearing no. DL- 1LAF-0159, hit on our Motorcycle from the right side. The offending vehicle was going towards the Sarai Kale Kha and the driver of the said vehicle was driving the vehicle in a rashly and negligently manner thereby my motorcycle fell down on the road and I got injured on my head, hand and leg.
3. That an FIR was registered at PS I.P. Estate, FIR No. 0035/2023, u/s 279/337 of IPC and the police officials has filed DAR. The DAR is exhibited herewith as Ex. PW1/2 (colly).
4. That thereafter pedestrian person took us to the LNJP Hospital and MLC was conducted. MLC is exhibited as Ex.
PW1/3 (colly).
5. That I am a house wife and till date I am not able to perform my day to day household work and other duties as well as unable to meet my daily needs as I am fully dependent upon my family.
6. That the respondent had caused the accident using the offending vehicle i.e. white Truck (Tata Motors) bearing no. DL-1LAF-0159, by driving the offending vehicle rashly, negligently, carelessly, recklessly and without following the traffic rules.
7. That during the course of the accident, the respondent no. 1 i.e. Vinod Paswan was driving the offending vehicle and the said vehicle is owned by Rahul hence, the respondents are liable to pay the MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 11 of 35 compensation for the loss caused by the offending act.
8. That due to the accident, I am facing a lot of difficulties to perform daily duties and suffering from pain and agony.
9. That the claim of Rs. 1,00,000/-
(Rupees one lakhs only) is demanded from respondents.
10. ............................................................
13. PW1 Tulsi Koli had tendered following documents in her testimony:-
i. Copy of Aadhar Card Ex. PW1/1 (OSR). ii. Police DAR Ex. PW1/2 (Colly).
iii. MLC Ex. PW1/3 (Colly).
14. In the cross examination conducted on behalf of respondents no. 3-insurance company, PW1 Tulsi Koli has admitted that her husband was driving motorcycle bearing no. DL-5SCH-1056 at the time of accident and that five persons were sitting on the motorcycle bearing no. DL-5SCH-1056 at the time of accident. She has denied the suggestion that her husband was not having valid driving licence at the time of accident. She pleaded ignorance about the kalandara u/s 3/181 and 194A M.V. Act. PW1 further stated that FIR was registered on her statement. She has further admitted that she is a housewife and was not working anywhere at the time of accident. She has further admitted that she has not filed any medical bill. She has denied the suggestion that her claim is false and fabricated. She has further admitted that as per RC, sitting capacity of the motorcycle MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 12 of 35 bearing no. DL-5SCH-1056 is for two persons only including driver. She has denied the suggestion that accident occurred due to overloading of motorcycle No. DL-5SCH-1056 or that the driver of the offending vehicle was driving his vehicle carefully at the time of accident or that accident occurred due to sole negligence of driver of motorcycle or that injured not received injury due to road accident.
15. PW1 Tulsi Koli was not cross-examined on behalf of respondents no. 1 and 2 and her cross-examination on behalf of both the said respondents was recorded as nil despite opportunity being given and hence the said respondents had not disputed the incriminating testimony of PW1.
16. It is well settled that the proceedings before the Claims Tribunal are in the nature of inquiry. In Bimla Devi & Ors. Vs Himachal Road Transport Corporation & Ors [(2009) 13 SC 530, [in Kaushnumma Begum and others V/s New India Assurance Company Limited, [2001 ACJ 421 SC [in National Insurance Co. Ltd. vs. Smt. Pushpa Rana & Ors. cited as [2009 ACJ 287], it has been held that the negligence has to be decided on the touchstone of preponderance of probabilities and a holistic view is to be taken. It has been further held that the proceedings under the Motor Vehicle Act are not akin to the proceedings in a Civil Suit and hence, strict rules of evidence are not applicable.
17. The factum of accident and the identity of respondent no. 1 as driver of the offending vehicle stands proved MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 13 of 35 from the testimony of PW1 Tulsi Koli (in MACT No. 356/2023). Furthermore, as per the DAR, during investigation, SI Kailash gave notice u/s 133 M.V. Act to the owner of the offending vehicle. In reply to notice U/s 133 Motor Vehicle Act (which is part of DAR & Ex. PW1/2(colly), respondent no.2 (owner of offending vehicle) had admitted that Vinod Paswan (respondent no. 1 herein) was driving the offending vehicle with which the accident had taken place. The driver of the offending vehicle no. DL-1LAF-0159 namely Vinod Paswan (respondent no. 1 herein) was produced by the owner namely Rahul (respondent no. 2 herein) and the said driver (respondent no.1 herein) was arrested in this case and was released on bail. Driving licence of driver Vinod Paswan and documents of offending Truck no. DL-1LAF-0159 and motorcycle of complainant were got verified. Thus, the factum of accident and the identity of respondent no. 1 Vinod Paswan as driver of the offending vehicle bearing registration no. DL-1LAF- 0159 stands established in all the MACT Claim Petition bearing Nos. 353/2023, 354/2023, 355/2023 and 356/2023.
18. As regards the rash and negligent driving by the respondent no. 1 (driver of the offending vehicle), PW1 Tulsi Koli, one of the injured in MACT no. 356/2023, who is also an eye-witness to the incident, has specifically deposed qua the driving of the offending vehicle i.e. Truck bearing registration no. DL-1LAF-0159 by respondent no. 1 in a rash and negligent manner, while causing the accident. Nothing substantial was extracted in her cross-examination by Ld. Counsel for the respondent no. 3, to demolish her testimony. PW1 has denied in MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 14 of 35 the cross-examination that the driver of the offending vehicle was driving his vehicle carefully at the time of accident or that accident occurred due to sole negligence of driver of motorcycle or that injured not received injury due to road accident. Furthermore, PW1 has not been cross-examined on behalf of respondents no. 1 and 2 despite grant of opportunity to counter her claim. Even no circumstantial evidence has been brought on record by respondent no.1 to show that he was not rash and negligent nor he himself appeared in witness box to counter the claim of the petitioners. Hence adverse inference is drawn against him. Reliance is placed on the judgments of Hon'ble High Court of Delhi in the cases of Teja Singh Vs Suman & Ors., MAC. APP. 1111/2018 & CM APPL. 52384/2018, 52386/2018, date of decision 06/12/2019, MAC. APP. 428/2018, titled as The Oriental Insurance Co. Ltd. Vs Kamla Devi & Ors, date of decision 08.11.2019 and MAC. APP. 690/2017 & CM APPL. 28108/2017, titled as Reliance General Insurance Company Ltd. Vs Mona & Ors., date of decision 15.10.2019, which had relied upon the judgment in the case of Cholamandalam Insurance Co. Ltd. Vs Kamlesh 2009(3) AD Delhi 310. From the testimony of PW1 Tulsi Koli, it stands proved that respondent no.1 was rash and negligent in driving the offending truck. Furthermore, the mechanical inspection report of offending vehicle bearing registration no. DL-1LAF-0159 dated 09.04.2023 [part of Ex. PW1/2 (colly)] shows that there were fresh damages i.e. rear down steel channel was scratched, rear number plates were pressed and rear down back light steel angle iron structure was pressed/scratched. The mechanical inspection report of motorcycle bearing registration no. DL-
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 15 of 35 5SCH-1056 dated 27.01.2023, which is part of Ex. PW1/2 (colly) reveals that its front number plate was pressed, wiser assly was scratched and graded, right side right indicator was scratched, handle bar was disaligned, lever/mutha scratched, Rt mirror was damaged and right side leg guard was scratched. From the same and on the basis of the site plan, which is also the part of Ex. PW1/2 (colly) facie, the principle of res ispa loquitur squarely applies to the facts of the present case qua rashness and negligence on the part of respondent no.1 (driver) in causing the said accident. In this regard, reliance is also placed on the judgment in the case of State of Orissa Vs Nalini Kumar Patnaik, 1989 ACJ 126 Orissa. Furthermore, in view of filing of DAR containing the charge-sheet for the offences u/s 279/337 IPC & other relevant documents against the respondent no. 1 and in terms of the judgment in the case of "National Insurance Co. Vs. Pushpa Rana & Ors.", 2009 ACJ 287, Delhi, respondent no. 1 (driver of the offending vehicle) is held to be negligent on the basis of preponderance of probability. From the DAR, it stands established in all the MACT Claim Petition bearing Nos. 353/2023, 354/2023, 355/2023 and 356/2023 that respondent no.2- Rahul was the registered owner of the offending vehicle, which was insured with respondent no.3- The Oriental Insurance Company Ltd. vide Policy No. 242596/31/2023/TMC/874, valid from 10.04.2022 to 09.04.2023. (factum of insurance of the offending vehicle has also been admitted by the respondent no.3-insurance company).
19. The MLC of minor petitioner/injured Shivanshika Koli (in MACT No. 353/2023), which is part of MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 16 of 35 DAR, reveals that there were multiple abrasions over face, swelling and abrasion over forehead and multiple abrasion over right hand. The physical examination further reveals that she was advised bed rest for one week. The NCCT of head revealed that there was no evidence of bony clavicle injury. The x-ray report of Department of Radio diagnosis of Lok Nayak Hospital reveals that no fresh bony injury was seen on the x-ray of right hand and chest. The MLC further reveals that the injury suffered by minor petitioner/injured Shivanshika Koli was simple in nature.
20. The MLC of minor petitioner/injured Priyanshi Koli (in MACT No. 354/2023) of Lok Nayak Hospital, which is part of DAR, reveals that which is part of DAR, reveals that she had abrasion over right side forehead, lacerated wound over right thigh approximately 4 x 1 cm and multiple abrasion over right hand. NCCT head report showed no evidence of bony clavical injury. The X-ray report of right thigh and knee, right hand and chest, showed no bony injury. The nature of injury sustained by this petitioner/injured was also opined to be simple in nature.
21. The MLC of minor petitioner/injured Riyanshi Koli (in MACT No. 355/2023) of Lok Nayak Hospital, New Delhi, which is part of DAR, reveals that she was having swelling over right frontal head, lacerated wound approximately 2 x 0.3 on frontal region, abrasion over left side of face. She remained admitted from 22.01.2023 to 23.01.2023. She was also advised bed rest for two weeks. The NCCT head revealed left MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 17 of 35 parieto temporal extra dural hemorrhage. However, there was no bony clavical injury. The X-ray of chest revealed no fresh bony injury in visualized ribs.
22. The MLC of petitioner/injured Tulsi Koli (in MACT No. 356/2023), which is part of DAR, reveals that there was swelling over right side of frontal head and right peri occipital region and abrasion over left side of the face. The physical examination shows that bed rest for one week was advised to this petitioner/injured. NCCT head revealed no evidence of bony clavical injury. Her x-ray of chest also showed no fresh bony injury in visualized ribs.
23. Hence it stands established on record that injured persons/petitioners namely Shivanshika (in MACT No. 353/2023), Priyanshi Koli (in MACT No. 354/2023), Riyanshi Koli (in MACT No. 355/2023) and Tulsi Koli (in MACT No. 356/2023) had sustained simple injuries in the accident in question.
24. Accordingly issue No. 1 is decided in favour of the petitioner/injured in all the aforesaid MACT Claim Petition bearing Nos. 353/2023, 354/2023, 355/2023 and 356/2023 and against the respondents.
25. Issue No. 2: whether injured/petitioner is entitled to compensation? If yes, to what extent and from whom? (OPP).
26. The onus of proving the above issue was upon the MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 18 of 35 petitioners/injured persons. Admittedly, the minor Shivanshika (in MACT No. 353/2023), Priyanshi Koli (in MACT No. 354/2023) and Riyanshi Koli (in MACT No. 355/2023) did not lead any evidence nor any medical bills have been filed on their behalf.
27. The petitioner/injured Tulsi Koli (in MACT No. 356/2023) has only led evidence in support of her claim. In her affidavit of evidence Ex. PW1/A, the said petitioner/injured is claiming compensation to the tune of Rs. 1,00,000/-.
28. In so far as respondent no. 3/insurance company is concerned, it did not offer any compensation to any of the four injured persons/petitioners. Rather it claimed that it was not liable to pay any compensation to the injured persons as the driver of the motorcycle on which they were riding, was not holding any valid licence and was driving the said two wheeler beyond sitting capacity.
29. Admittedly, except for relying upon the entire DAR Ex. PW1/2 (colly), no document qua medical expenses incurred on the treatment has been filed by all the 04 petitioners/injured persons on record. Even in the cross-examination conducted on behalf of respondent no.3-insurance company, petitioner/PW1 Tulsi Koli (in MACT No. 356/2023) had admitted that she has not filed any medical bill. The MLCs of all the four injured persons which are part of Ex. PW1/2 (colly) reveals that the said injured persons/petitioners had received treatment from a government hospital and had sustained simple injuries in the MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 19 of 35 accident in question. Petitioners/injured persons namely Shivanshika (in MACT No. 353/23), Riyanshi (in MACT no. 355/2023) and Tulsi Koli (in MACT No. 356) were advised bed rest for one week, two weeks and one week respectively.
30. Keeping in view the fact that the petitioners/injured persons had got treatment from a government hospital and further in view of the fact that no medical bills qua the expenses incurred on the treatment have been filed on record, I am of the considered view that the petitioners/injured persons are not entitled to any compensation towards medical expenses. As such, no compensation is awarded under the head of "expenditure on treatment" in all the MACT Claim Petition bearing Nos. 353/2023, 354/2023, 355/2023 and 356/2023.
31. In so far as the expenses towards Special Diet are concerned, MLCs of petitioners/injured persons namely Shivanshika (in MACT No. 353/23), Riyanshi (in MACT no. 355/2023) and Tulsi Koli (in MACT No. 356) reveal that they were advised bed rest for one week, two weeks and one week respectively. The minor petitioner Priyanshi Koli (in MACT No. 354/2023) also sustained simple injuries. In such a scenario, they all must have required special diet. The injuries sustained by them have already been discussed in preceding paras. Considering the facts and circumstances and the nature of the injury sustained by the petitioners, I am of the considered opinion that all the petitioners are entitled to notional sum of Rs. 10,000/- each under the head of "Special Diet".
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 20 of 35
32. As regards attendant charges, admittedly, the petitioners have not filed any bills in this regard. However, keeping in view the fact that petitioners/injured persons namely Shivanshika (in MACT No. 353/23), Riyanshi (in MACT no. 355/2023) and Tulsi Koli (in MACT No. 356) were advised bed rest for one week, two weeks and one week respectively and as such they must have required attendant for the said purpose. Furthermore, with regard to another petitioner/injured Priyanshi Koli, who was minor and since her mother Tusi Koli was also injured, she must have also required the attendant. As such, all the four petitioners are granted Rs. 10,000/- each (notional sum) under the head of attendant charges.
33. Now coming to the conveyance charges, the petitioners/injured persons have not proved any document in the form of prescribed bill that they had incurred any expenditure for said charges. They did not even file any document on record to show that they visited the hospital for the purpose of their treatment subsequently after their initial treatment. However, keeping in view the nature of the simple injuries suffered by all the petitioners/injured, they are awarded notional sum of Rs. 5,000/- each towards conveyance charges.
34. Admittedly, the petitioners/injured persons namely Shivanshika Koli, Priyanshi Koli, Riyadh Koli in MACT No. 353/2023, 354/2023 & 355/2023 respectively are minors. Furthermore, petitioner/injured Tulsi Koli in MACT No. 356/2023 has admitted in her cross-examination that she is a housewife and was not doing any job at the time of the accident.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 21 of 35 Hence, no compensation is awarded to any of the petitioners/injured persons under the head of "Loss of Income" in all the MACT Claim petition Nos. 353/2023, 354/2023, 355/2023 and 356/2023.
35. The petitioner-injured Tulsi Koli (in MACT no. 356/2023) has claimed that due to the accident, she suffered a great mental agony, trauma and pain. Certainly the petitioners/injured persons must have suffered mental agony and pain due to the simple injury sustained by them. Therefore, a notional sum of Rs. 5,000/- is awarded to each of the petitioners under each head of "Loss due to Mental & Physical Shock" and "Pain & Suffering" in each claim petition.
36. The respondent no. 3 The Oriental Insurance Company Ltd. has claimed that it was not liable to pay any compensation to any of the petitioner/injured as the driver of the motorcycle bearing no. DL-5SCH-1056 Tejpal Koli was not holding valid and effective driving licence on the day of the incident and was riding the same beyond capacity and as such kalandara proceedings u/s 3/181 M.V. Act & u/s 194A M.V. Act have been initiated against him.
37. During course of arguments, Ld. Counsel for the petitioners/injured persons has not disputed that the motorcycle bearing no. DL-5SCH-1056 was driven by Tejpal Koli i.e. husband of petitioner/injured Tulsi Koli and father of minor petitioners/injured persons namely Shivanshika, Priyanshi Koli MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 22 of 35 and Riyanshi Koli, wherein all the petitioners/injured persons were pillion riders.
38. It is evident from the DAR that Tejpal Koli was driving the motorcycle bearing no. DL-5SCH-1056 without having any valid driving licence and total 05 persons were travelling on the said motorcycle and as such kalandara u/s 3/181 M.V. Act and u/s 194A M.V. Act was initiated against him. Since Tejpal Koli was driving the motorcycle without having a valid driving licence and the petitioner/injured Tulsi Koli (in MACT No. 356/2023) was having knowledge that on a two wheeler, only two persons can travel and despite knowing the said fact she along with her 03 minor children, who are petitioners in MACT No. 353/2023, 354/2023 and 355/2023, were travelling on the said motorcycle, therefore, there is contributory negligence on the part of the said Tulsi Koli and since the remaining petitioners are minors, therefore they cannot be fastened with any contributory negligence. Therefore, in my considered view 30% (Thirty Percent) of the entire compensation amount shall be liable to be deducted (out of the amount so awarded as compensation) towards Contributory Negligence of Tulsi Koli in MACT petition no. 356/2023.
39. Accordingly, keeping in view the facts and circumstances, the material on record, and the settled principles and guidelines governing the injury cases like the present one, the compensation is being derived in the present case as under:-
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 23 of 35 NAME OF AMOUNT (in AMOUNT (in AMOUNT (in AMOUNT (in HEAD Rupees) in MACT Rupees) in Rupees) in Rupees) in no. 353/2023 MACT no. MACT no. MACT no.354/2023 355/2023 356/2023
Expenditure on Nil. Nil. Nil. Nil. Treatment Expenditure on Rs. 10,000/- Rs. 10,000/- Rs. 10,000/- Rs. 10,000/- Special Diet (notional) (notional) (notional) (notional) Expenditure on Rs. 10,000/- Rs. 10,000/- Rs. 10,000/- Rs. 10,000/- Nursing/Attend (notional) (notional) (notional) (notional) ant charges Expenditure on Rs. 5,000/- Rs. 5,000/- Rs. 5,000/- Rs. 5,000/- Conveyance (notional) (notional) (notional) (notional) Loss of Income Nil. Nil. Nil. Nil. Any other Nil. Nil. Nil. Nil. loss/expenditur e Mental & Rs.5,000+5,000/- Rs.5,000+5,000/- Rs.5,000+5,000/- Physical Shock Rs.5,000+5,000/- =Rs. 10,000/- =Rs. 10,000/- =Rs. 10,000/- & Pain & =Rs. 10,000/- (notional) (notional) (notional) Suffering (notional) Loss of Nil. Nil. Nil. Nil. earning, inconvenience, hardship,disap pointment, frustration, mental stress, dejectment and unhappiness in future life etc. Total Rs. 35,000/- Rs. 35,000/- Rs. 35,000/- Rs. 35,000/-
40. I may note that interest @ 9% per annum was awarded by the Hon'ble Apex Court in the case of Municipal Corporation of Delhi Vs. Association of Victims of Uphaar Tragedy reported in 2012 ACJ 48 (SC). In the interest of justice, it is held that all the or claimants/injured persons shall be entitled to interest @ 9% per annum from the date of filing of DAR i.e. from 21.04.2023 till realization in MACT Claim Petition Nos. 353/2023, 354/2023, 355/2023 and 356/2023.
DISBURSEMENT
41. The Financial Statement of petitioner Tulsi Koli (in MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 24 of 35 MACT No. 356/2023) was recorded by this Court/ Tribunal on 16.08.2023 on her behalf as well as on behalf of her minor children namely Shivanshika,Priyanshhi Koli and Riyanshi Koli (petitioners in MACT nos. 353/2023, 354/2023, 355/2023 respectively) according to which monthly family expenses of the family are approximately Rs. 20,000/- to Rs. 25,000/- per month.
42. Since it has already been ordered in para No. 38 that 30% (Thirty Percent) in MACT No. 356/2023 of the entire compensation amount shall be liable to be deducted (out of the amount so awarded as compensation) towards Contributory Negligence, therefore, a sum of Rs. 10,500/- is deducted from the total award amount of Rs. 35,000/- and after deducting the same, the balance amounts remains Rs.
24,500/-.
43. Considering the quantum of amount, on realization of the award amount in MACT No. 356/2023, the entire award amount of Rs. 24,500/- (Twenty Four Thousand & Five Hundred only) plus interest be released to the petitioner Tulsi Koli in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018. The entire award amount shall be transferred in her savings account maintained in a nationalized bank without the facility of cheque book and ATM card.
44. Since petitioner/injured persons namely Shivanshika Koli, Priyanshi Koli and Riyanshi Koli in MACT No. 353/2023, 354/2023 & 355/2023 respectively are minors, MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 25 of 35 being aged about 04 years, 14 and 07 years respectively, therefore, their entire share of Rs. 35,000/- each (Rupees Thirty Five Thousand only) shall be kept in FDRs till they attain the age of majority. On attaining the age of majority, the entire amount shall be released to them and shall automatically be transferred in their respective saving accounts maintained in a nationalized bank situated near the place of their residence without the facility of cheque book and ATM card. However, being the natural guardian/mother Smt. Tulsi Koli is permitted to withdraw interest on monthly or quarterly basis as she desires till the said petitioners/injured persons attain the age of majority to meet her expenses.
45. It is clarified that the aforesaid amounts shall be released to all the petitioners only on submitting the copy of passbook of savings account in a bank near to their residence with endorsement of the bank that no cheque book facility and ATM card has been issued or if it has been issued the said ATM Card has been withdrawn and shall not be issued without the prior permission of this Tribunal.
46. The above FDR(s) shall be prepared with the following conditions as enumerated by the Hon'ble Delhi High Court vide orders dated 07.12.2018 & 08.01.2021 in FAO No. 842/2003 under the title Rajesh Tyagi & Ors. Vs. Jaivir Singh & Ors.:
(i) The bank shall not permit any joint name to be added in the saving account or fixed deposit accounts of the claimants i.e. saving bank accounts of the claimants shall be an individual saving bank account and not a joint account.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 26 of 35
(ii) 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 claimants.
(iii) The maturity amount of the FDRs be credited by the ECS in the saving bank account of the claimant near the place of their residence.
(iv) No loan, advance or withdrawal or premature discharge be allowed on the fixed deposits without the permission of the court.
(v) The concerned bank shall not issue any cheque book and/or debit card to claimants. 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 claimants so that no debit card be issued in respect of the account of claimants from any other branch of the bank.
(vi) The bank shall make an endorsement on the passbook of the claimant to the effect, that no cheque books and/or debit card have been issued and shall not be issued without the permission of the Court and the claimant shall produced the passbook with the necessary endorsement before the Court for compliance.
47. In compliance of the directions given by Hon'ble High Court in FAO No. 842/2003 dated 08.01.2021, Summary of the Award in the prescribed Format-XVI is as under:
SUMMARY OF AWARD:
1. Date of Accident: 22.01.2023
2. Name of the Injured: Shivanshika Koli, persons Priyanshi Koli, Riyanshi Koli Tulsi Koli
3. Age of the Injured: 04 yrs MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 27 of 35 14 yrs 07 yrs 41 yrs respectively
4. Occupation of the Injured: Tulsi Koli-housewife.
Remaining:Minor
5. Income of the Injured: Not proved.
6. Nature of Injury: Simple
7. Medical Treatment taken Lok Nayak Hospital, by the injured Delhi.
8. Period of Hospitalization: 22.01.2023 to 23.01.2023 of Riyanshi Koli (MACT No. 355/2023)
9. Whether any permanent Nil disability? If yes, give details:
Computation of compensation S.N Heads Awarded by the Awarded by the Awarded by the Awarded by the o. Claims Tribunal Claims Tribunal in Claims Tribunal Claims Tribunal in MACT No. MACT No. in MACT No. in MACT No. 353/2023 354/2023 353/2023 353/2023
1. Pecuniary-
Loss:
(i) Expenditure on Nil. Nil. Nil. Nil.
Treatment
ii) Expenditure on 5,000/- 5,000/- 5,000/- 5,000/-
Conveyance (Notional) (Notional) (Notional) (Notional)
(iii) Expenditure on 10,000/- 10,000/- 10,000/- 10,000/-
Special Diet (Notional) (Notional) (Notional) (Notional)
(iv) Cost of 10,000/- 10,000/- 10,000/- 10,000/-
Nursing/ (Notional). (Notional) (Notional) (Notional) attendant
(v) Loss of earning Nil. Nil. Nil. Nil.
(vi) Loss of Income Nil Ni. Nil. Nil.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 28 of 35
ii) Any other loss Nil. Nil. Nil. Nil.
which may
require any
special
treatment or aid
to the injured
for the rest of
his life
112. Non
Pecuniary
Loss
(i) Compensation 5,000/- 5,000/- 5,000/- 5,000/-
for mental and (Notional) (Notional) (Notional) (Notional)
physical shock
(ii) Pain and Suf- 5,000/- 5,000/- 5,000/- 5,000/-
ferings (Notional) (Notional) (Notional) (Notional)
(iii) Loss of Nil Nil. Nil. Nil.
amenities of
life
(iv) Disfiguration Nil Nil. Nil Nil
(v) Loss of Nil Nil Nil Nil
marriage
prospects
(vi) Loss of Nil Nil Nil Nil
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 Nil Nil Nil Nil
disability
assessed and
nature of
disability as
permanent or
temporary
(ii) Loss of Nil Nil Nil Nil
amenities or
loss of
expectation of
life span on
account of
disability
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 29 of 35
(iii) Percentage of Nil Nil Nil Nil
loss of earning
capacity in
relation to
disability
(iv) Loss of future Nil Nil Nil Nil
income -
(income x %
earning
capacity x
Multiplier)
14. Total Rs. 35,000/- Rs.35,000/- Rs.35,000/- Rs.35,000/-
Less 30% in Nil. Nil. Nil. 35,000-10,500
MACT No. =
356/23 24,500/-
towards
Contributory
Negligence
Total Rs. 35,000/- Rs. 35,000/- Rs. 35,000/- Rs. 24,500/-
Compensation
15. INTEREST 9% 9% 9% 9%
AWARDED
16. Interest amount Rs. 1,012/- Rs. 1,012/- Rs. 1,012/- Rs. 708/-
upto the date of
award 03
months and 26
days
17. Total amount Rs. 36,012/- Rs. 36,012/- Rs. 36,012/- Rs. 25,208/-
including
Interest
18. Award amount As mentioned in As mentioned in As mentioned As mentioned
released para no. 44. para no. 44. in para no.44. in para nos. 43.
19. Award amount As mentioned in As mentioned in As mentioned Nil.
kept in FDRs para no. 44. para no. 44. in para no.44.
20. Mode of As mentioned in As mentioned in As mentioned As mentioned
disbursement para no. 44. para no. 44. in para no. 44. in para no. 43.
of the award
amount of the
claimant(s)
21. Next date for 22.09.2023 22.09.2023 22.09.2023 22.09.2023
compliance of
the award
LIABILITY
48. It is evident from the record that the offending vehicle i.e. Truck bearing No. DL-1LAF-0159 was being driven by Vinod Paswan (Respondent No.1) and duly owned by Rahul (Respondent No.2) and the same was duly insured with MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 30 of 35 The Oriental Insurance Company Ltd. (Respondent No.3), therefore, respondents shall be jointly and severally liable to pay compensation to the claimant. However, since the vehicle was duly insured with respondent no.3 i.e. The Oriental Insurance Company Ltd. on the day of accident, it is respondent no.3, who is ultimately held liable to indemnify the insurance and to pay the compensation amount to the petitioner under the statutory liability. Issue No.2 is accordingly decided in favour of the petitioners/injured persons in each claim petition bearing MACT No. 353/2023, 354/2023, 355/2023 and 356/2023.
RELIEF
49. Since the offending vehicle was insured with the respondent no.3 The Oriental Insurance Company Ltd., therefore, the respondent no.3 is directed to deposit a sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) each in MACT No. 353/2023, MACT No. 354/2023, MACT No. 355/2023 and Rs. 24,500/- (Rupees Twenty Four Thousand & Five Hundred only) in MACT No. 356/2023, along with interest @ 9% from the date of filing of DAR i.e. 21.04.2023 till realization with the Civil Nazir of this Tribunal within 30 days under intimation to the claimant, failing which insurance company shall be liable to pay interest @ 12% per annum for the period of delay beyond 30 days in aforesaid each claim petition.
50. A copy of this judgment be sent to the respondent No.3 i.e. The Oriental Insurance Company Ltd. for compliance within the time granted in each claim petition bearing MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 31 of 35 MACT No. 353/2023, 354/2023, 355/2023 and 356/2023. Respondent No.3 The Oriental Insurance Company Ltd. is further directed to give intimation of deposit of the compensation amount to the claimants and shall file a compliance report with the Claims Tribunal with respect to the deposit of the compensation amounts within 15 days of the deposit with a copy to the Claimants and their counsels.
51. Civil Nazir is directed to place a report on record on 22.09.2023 in the event of non-receipt/deposit of the compensation amounts within the time granted.
52. Copy of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA).
53. Let signed copy of this order be placed in each claim petition bearing MACT No. 353/2023, 354/2023, 355/2023 and 356/2023.
54. File be consigned to Record Room.
Announced in the open Court Dated: 17th of August, 2023 (Ashutosh Kumar) Presiding Officer, MACT-01 (Central) THC/Delhi MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 32 of 35 FORM - XVII COMPLIANCE OF THE PROVISIONS OF THE SCHEME TO BE MENTIONED IN THE AWARD 1 Date of Accident 22.01.2023 2 Date of filing of Form-I -
First Accident Report 24.01.2023 (FAR) 3 Date of delivery of Form- II to the victim(s) Not attached with DAR 4 Date of receipt of Form-III Attached with DAR (Date of from the Driver receipt not mentioned). 5 Date of receipt of Form-IV Attached with DAR (verified from the Owner on 20.02.2023. 6 Date of filing of the Form- V-Interim Accident Report 05.04.2022 (IAR) 7 Date of receipt of Form-
VIA and Form VIB from Form VIB attached with DAR the Victim(s) verified on 21.04.2023.
8 Date of filing of Form-VIII
- Detail Accident Report 21.04.2023 (DAR) 9 Whether there was any delay or deficiency on the part of the Investigating No Officer? If so, whether any action/direction warranted?
10 Date of appointment of the Designated Officer by the Not provided by the Insurance Insurance Company Company 11 Whether the Designated Officer of the Insurance Yes.
Company admitted his report within 30 days of the DAR?
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 33 of 35 12 Whether there was any delay or deficiency on the No part of the Designated Officer of the Insurance Company? If so, whether any action/direction warranted?
13 Date of response of the claimant(s) to the offer of No Legal Offer was given. the Insurance Company.
14 Date of award 17.08.2023 15 Whether the claimant(s) were directed to open Yes.
savings bank account(s) near their place of residence?
16 Date of order by which claimant(s) were directed to open Savings Bank 21.04.2023 Account(s) near his place of residence and produce PAN card and Aadhaar Card and the direction to the bank not to issue any cheque book/debit card to the claimant(s) and make an endorsement to this effect on the passbook(s).
17 Date on which the Aadhar card and PAN card claimant(s) produced the were given in MACT NO.
passbook of their savings 356/2023 bank account(s) near the Aadhar Card given in MACT place of their residence No. 353/23, 354/23 and alongwith the endorsement, 355/23 PAN card and Aadhaar The petitioners have Card? undertaken to produce the passbook of their saving bank accounts.
MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 34 of 35 18 Permanent residential As per Award.
address of the claimant(s).
19 Whether the claimant(s) savings bank account(s) is Yes.
near their place of residence?
20 Whether the Claimant(s) Yes. The Financial Statement were examined at the time of Tulsi Koli was recorded on of passing of the Award to 16.08.2023 in MACT No. ascertain his/their financial 353/23, 354/23, 355/23 and condition? 356/23 on her behalf and on behalf of her minor daughters/petitioners (ASHUTOSH KUMAR) PO, MACT-01 (Central), Tis Hazari Courts, Delhi/17.08.2023 MACT Claim petition Nos. 353/23, 354/23, 355/23 and 356/2023 Page No. 35 of 35