Delhi District Court
Radha @ Radha Rani vs . Sanjay @ Harish & Ors. on 13 December, 2019
1
IN THE COURT OF SH. PARAMJIT SINGH PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. : 1437/16
Radha @ Radha Rani Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010004602013
FIR No. 70/13
U/s 279/338 IPC
PS : BHD Nagar
Radha @ Radha Rani
W/o Sh. Dheeraj
R/o 606, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 1/121
2
MACP No. : 1370/16
Suman Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010003042013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Suman @ Suman Lata Gahlot
W/o Sh. Tarif Singh
R/o 342, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 2/121
3
MACP No. : 1438/16
Ansuyia Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010004612013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Anusuyia
W/o Sh. Balram
R/o 608, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1439/16
Rajvati Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010004662013
Rajwati
W/o Sh. Chaman Lal
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 3/121
4
R/o 153, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1528/16
Smt. Prem @ Premwati Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010006182013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Prem @ Premwati
W/o Sh. Zile Singh
R/o 331, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 4/121
5
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1568/16
Satya Devi Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010008262013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Satya Devi
W/o Sh. Darshan Singh
R/o 335, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 5/121
6
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1569/16
Saloni Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010008272013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Saloni
D/o Sh. Ghanshyam Singh
R/o T757, DCM Road, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 6/121
7
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1570/16
Bala @ Rajbala Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010008282013
FIR No. 70/13
U/s 279/338 IPC
PS : BHD Nagar
Bala @ Rajbala
W/o Sh. Hans Raj
R/o 344, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,Haryana
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 7/121
8
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP No. : 1571/16
Omwati Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010008292013
FIR No. 70/13
U/s 279/337 IPC
PS : BHD Nagar
Omwati
W/o Sh. Balram
R/o 415, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh,
Jhajjar, Haryana
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh,
Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 8/121
9
MACP No. : 1572/16
Prem @ Premwati Vs. Sanjay @ Harish & Ors.
CNR No.DLSW010008302013
Prem
W/o Sh. Mehtab Singh
R/o 599, Mitrao Village,
Najafgarh, New Delhi ... Petitioner
Vs
1. Sanjay @ Harish (Driver)
S/o Sh. Jagdish
R/o VPO Sidhi Pur Loha Kalan
Tehsil : Bahadurgarh, Jhajjar
2. Deepak Mann (Owner)
S/o Sh. Ramesh Mann
R/o VPO Sidhi Pur Lawa Kalan
Tehsil : Bahadurgarh, Haryana
3. Bharti AXA General Insurance Company Ltd. (Insurer)
15 KG Marg, Connaught Place,
New Delhi. ... Respondents
Date of institution of MACP No. 1437/16 31.07.2013
Date of institution of MACP No. 1370/16 31.07.2013
Date of institution of MACP No. 1438/16 31.07.2013
Date of institution of MACP No. 1439/16 21.10.2013
Date of institution of MACP No. 1528/16 31.07.2013
Date of institution of MACP No. 1568/16 31.07.2013
Date of institution of MACP No. 1569/16 31.07.2013
Date of institution of MACP No. 1570/16 31.07.2013
Date of institution of MACP No. 1571/16 31.07.2013
Date of institution of MACP No. 1572/16 21.10.2013
Date on which, judgment have been reserved 30.11.2019
Date of pronouncement of judgment 13.12.2019
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 9/121
10
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1437/16 Radha Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 10/121
11
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) 606, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 3027720824 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 11/121
12
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1370/16 Suman Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 12/121
13
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) 342, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 1159670524 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 13/121
14
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1438/16 Ansuiya Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 14/121
15
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) 608, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 5867101001284 at
Canara Bank , Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CNRB0005867 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 15/121
16
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1528/16 - Premwati @ Prem Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 16/121
17
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) 331, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 1159646875 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 17/121
18
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1568/16 - Satya Devi Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 18/121
19
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 17.12.2018
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) 335, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 1159627228 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 19/121
20
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1569/16 - Saloni Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 20/121
21
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) T757, DCM Road, Mitrao
(Clause 27 ) Village, Najafgarh, New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 3273466897 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 21/121
22
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1570/16 - Bala @ Rajbala Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 22/121
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 17.12.2018
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) 344, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 3336430248 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 23/121
24
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1571/16 - Omwati Vs. Sanjay @ Harish & Ors.)
1 Date of the accident 27.03.2013
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 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
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 Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
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 )
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 24/121
25
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 13.12.2019
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
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 19.07.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the 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 01.10.2018
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) 415, Mitrao Village, Najafgarh,
(Clause 27 ) New Delhi
24. Details of savings bank account(s) of the claimant(s) and Petitioner/injured is having SB
the address of the bank with IFSC Code( Clause 27) A/c no. 1159624760 at Central
Bank of India, Mitrao Village,
Najafgarh New Delhi ( IFSC
Code : CBIN0282120 )
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)
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 25/121
26
JUDGMENT:
Vide this judgment, I shall dispose of ten DAR/ petitions bearing MACP No. 1437/16, MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16 qua the road traffic accident, which took place on 27.03.2013.
The present case/DAR (bearing MACP No. 1437/16) has been filed qua injuries sustained by petitioner/injured Radha @ Radha Rani in a road traffic accident dated 27.03.2013.
The connected case/DAR (bearing MACP No.1370/16) has been filed qua the injuries sustained by petitioner/ injured Suman @ Suman Lata in the same road traffic accident.
The connected case/DAR (bearing MACP No. 1438/16) has been filed in respect of injuries sustained by petitioner/ injured Ansuiya in the abovesaid road traffic accident.
The connected petition (bearing MACP No. 1439/16) u/s 166 & 140 of MV Act for grant of compensation qua the injuries sustained by her in a road traffic accident dated 27.03.2013 has been filed on behalf of petitioner/ injured Rajwati against respondents Sanjay @ Harish & Ors.
The connected case/DAR (bearing MACP No. 1528/16) has been filed in respect of injuries sustained by petitioner/ injured Premwati @ Prem in the same road traffic accident.
The connected case/DAR (bearing MACP No. 1568/16) has been filed qua injuries sustained by petitioner/ injured Satya Devi in the abovesaid road traffic accident.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 26/121 27 The connected case/DAR (bearing MACP No. 1569/16) has been filed in respect of injuries sustained by minor petitioner/ injured Saloni in the same road traffic accident.
The connected case/DAR (bearing MACP No. 1570/16) has been filed qua injuries sustained by petitioner/ injured Bala @ Rajbala in the abovesaid road traffic accident.
The connected case/DAR (bearing MACP No. 1571/16) has been filed in respect of injuries sustained by petitioner/ injured Omwati in the same road traffic accident.
The connected petition (bearing MACP No. 1572/16) u/s 166 & 140 of MV Act for grant of compensation qua the injuries sustained by her in a road traffic accident dated 27.03.2013 has been filed on behalf of petitioner/ injuredPremwati @ Prem against respondents Sanjay @ Harish & Ors.
2. Brief facts as made out from the abovesaid DAR/ petitions are that on 27.03.2013 at about 5:30 PM, all the petitioners namely Radha Rani, Suman, Ansuiya, Rajwanti, Prem @ Premwati, Satya, Saloni, Bala @ Raj Bala, Omwati and Prem alongwith other persons were coming back from Pachpir temple to their respective houses and when they reached near Panchayat House, Dhansa Road, Village Mitraon, New Delhi, a car bearing no. HR 13F 0141 came from Najafgarh side at a very high speed, being driven by its driver in rash and negligent manner and hit against the abovesaid persons as a result of which, all the above named petitioners sustained injuries. It is further stated that accident took place due to sole rash and negligent driving of respondent no.1/ driver of the offending vehicle and the case in this regard was registered vide FIR No. 70/13, U/s 279/337/338 IPC PS :
BHD Nagar.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 27/121 28 On conclusion of the investigation, the present DAR (bearing MACP No. 1437/16) has been filed by the IO qua the injuries sustained by the petitioner/injured Radha @ Radha Rani in the abovesaid accident. Further, the connected DARs/petitions (bearing MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16) have also been filed by the IO qua the injuries sustained by petitioners/ injured named therein, in the same accident.
3. WS has been filed on behalf of R1 Sanjay @ Harish ( driver) and R2 Deepak Mann ( owner of offending vehicle), wherein it has been stated that the present DAR s/ petitions have been filed on the basis of false and frivolous grounds by concocting a false story of accident. It is further stated that the petitioners have not come to the court with clean hands and have suppressed the material facts and that the offending vehicle bearing no. HR 13F 0141 had not caused any accident while being driven by the said respondent. It is stated that the offending vehicle was duly insured with Bharti AXA General Insurance Company Ltd vide policy no.
FPV/11228537/71/03/M1714B from 26.03.2013 to 25.03.2014, which covers the date of accident. It is further stated that the driver/ respondent no. 1 was also having a valid DL on the day of alleged accident. It is also stated that accident had taken place due to the negligence on the part of the injured themselves and it has been prayed that the present DAR s/ petitions may be dismissed.
4. Reply has also been filed on behalf of R3/Bharti AXA General Insurance Company Ltd., wherein it has been stated that the offending vehicle bearing no. HR 13F 0141 was insured with respondent insurance company vide MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 28/121 29 policy no. FPV/11228537/71/03/M1714B from 26.03.2013 to 25.03.2014 in the name of Deepak Mann. It is further stated that there was a close proximity of accident with the date in inception of policy and therefore, respondent/ insurance company was not able to file any offer.
5. Since, common question of law and facts were involved in all these DARs/ petitions bearing MACP No.1370/16, MACP No.1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16, the common issues were framed and the same were consolidated for the purpose of recording the evidence by treating the case/DAR bearing MACP No. 1437/16 as "Leading Case" vide order dated 21.10.2013 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 DARs/ petitions on 21.10.2013 by one of the Ld. Predecessors of this court :
ISSUES :
1. Whether Radha, Suman, Ansuiya, Rajwanti, Prem, Satya, Saloni, Bala, Omwati and Prem sustained injuries in a motor vehicle accident dated 16.03.2012 due to rash and negligent driving of vehicle No. HR 13F 0141 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 Radha Rani MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 29/121 30 (petitioner/injured in MACP No. 1437/16), PW2 Rajwati (petitioner/injured in MACP No. 1439/16), PW3 Premwati (petitioner/injured in MACP No. 1528/16), PW4 Ansuiya (petitioner / injured in MACP No.1438/16), PW5 Omwati (petitioner/ injured in MACP No. 1571/16), PW6 Suman (petitioner/injured in MACP No. 1370/16), PW7 Satya Devi (petitioner/injured in MACP No. 1568/16), PW 8 Bala (petitioner/injured in MACP No. 1570/16), PW9 Ghanshaym Singh, (father of minor injuredSaloni in MACP No. 1569/16) and PW 10 Smt. Prem (petitioner/injured in MACP No. 1572/16) and thereafter, PE was closed on behalf of the petitioners.
7. In RE, R3/ insurance company has examined R3W1 Anjali Rustagi, Assistant Managar, Bharti AXA General Insurance Company Ltd and thereafter RE was closed vide order dated 28.03.2016 passed by Ld. Predecessor of this court.
8. I have heard the arguments put forward by Ld. counsels for the petitioners and R3/ 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 and RE led on behalf of R3/ insurance company. I have also carefully perused written submissions filed on behalf of the petitioners and R3/ insurance company.
It is pertinent to mentioned here that the arguments have not been addressed in this case on behalf of R1 Sanjay @ Harish (driver) and R2 Deepak Mann (owner of the offending vehicle), despite opportunity being given.
9. The issuewise findings are as under :
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 30/121 31 10. ISSUE No. 1 Whether Radha, Suman, Ansuiya, Rajwanti, Prem, Satya, Saloni, Bala, Omwati and Prem sustained injuries in a motor vehicle accident dated 16.03.2012 due to rash and negligent driving of vehicle No. HR 13F 0141 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 Radha Rani, who has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 27.03.2013 at about 5:30 PM, she alongwith other people was coming back from Pachpir temple to her house and when they reached near Panchayat House, Dhansa Road, Village Mitraon, New Delhi, a car bearing no. HR 13F 0141 came from Najafgarh side at a very high speed, being driven by its driver in rash and negligent manner and hit against them as a result of which, all the above named petitioners sustained injuries.
Further, in regard to issue no. 1, the petitioners have also examined PW2 Rajwati, PW3 Premwati, PW4 Ansuiya, PW5 Omwati, PW6 Suman, PW7 Satya Devi, PW 8 Bala, PW9 Ghanshaym Singh, (father of minor injured Saloni ) and PW 10 Smt. Prem, who have filed their evidence by way of affidavits (Ex. PW2/A to Ex. PW10/A) and contents of the said affidavits are almost on the similar lines as that of affidavit (Ex. PW1/A) of PW1 Radha Rani.
The important fact is that all the abovesaid witnesses were cross examined on behalf respondents, but nothing material has come on record which could assail the credibility or trustworthiness of this witness.
In her cross examination by the Ld. counsel for R1 & R2, PW1 denied the suggestion that offending vehicle was not being driven at a high speed or that driver was not negligent in driving the offending vehicle. Further, in her cross MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 31/121 32 examination by Ld counsel for R3/Insurance company, PW1 Radha Rani denied the suggestion that Ex. PW1/2 was false and fabricated or that she was deposing falsely.
Further, perusal of the record reveals that remaining witnesses i.e. PW2 to PW9 have not been cross examined on behalf of R1 & R2, despite opportunity being given and in their crossexamination by R3/ insurance company, all these witnesses denied the suggestion that they had not incurred financial loss due to present accident or that they were deposing falsely. In these circumstances, nothing material has come on record which could shake the credibility of these witnesses qua their deposition regarding the manner in which the accident was 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 Radha, Suman, Ansuiya, Rajwanti, Prem @ Premwati, Satya, Saloni, Bala @ Raj Bala, Omwati and Prem sustained injuries in motor vehicle accident dated 27.03.2013 due to rash and negligent driving of offending vehicle no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA 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. 1437/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Radha Rani has examined herself as PW1 and has filed her MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 32/121 33 evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW1 further stated that after the accident, she was removed to RTRM hospital, New Delhi and thereafter to City hospital, New Delhi for the treatment of injuries sustained in the accident. PW1 stated that she has spent Rs.60,000/on her treatment till date and Rs.40,000/ on conveyance, Rs.30,000/ on special diet and Rs.25,000/on attendant. PW1 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW1 has also relied upon the documents Ex. PW1/1 to Ex. PW1/8.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Radha Rani has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Radha @ Radha Rani has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injuredRadha @ Radha Rani is ascertained under the following heads :
12. NATURE AND EXTENT OF INJURIES As per the MLC and medical treatment record pertaining to RTRM Hospital, Jafferpur, New Delhi, petitioner/injured Radha has sustained grievous injuries due to the accident in this case.
Further, the perusal of the record reveals that petitioner/injured has not filed on record any document to show that she has suffered any permanent disability MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 33/121 34 due to the injuries sustained by her in the accident in this case.
13. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injuredRadha has undergone treatment at RTRM Hospital, Jaffarpur, New Delhi for the injuries sustained by her in the accident in this case.
Further, in regard to the abovesaid treatment undergone by her, petitioner/injured Radha has placed on record the medical bills/ receipts, amounting to Rs. 340/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 340/ and accordingly , the petitioner/ injured Radha is awarded the said amount i.e Rs. 340/(Rupees Three Hundred Forty Only ) towards medicines and medical treatment.
14. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Radha @ Radha Rani has sustained grievous injuries due to the accident in this case. In these circumstances, the petitioner/injured must have visited the hospital/doctors for her treatment and would also have required special diet for certain period to recover from the injuries sustained in the accident.
It is being submitted on behalf of the petitioner/injured that she has spent Rs. 40,000/ on conveyance and Rs. 30,000/ on 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 from the material on record, it is evident that the petitioner/injured has not suffered any permanent disability due to the injuries sustained in the accident in this case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 34/121 35 Hence, in view of the above and in view of the material on record, petitioner/injured shall be entitled to a sum of Rs.15,000/ (Rupees Fifteen Thousand only) towards conveyance. Further, in view of the injuries suffered by her, the petitioner/ injured must have needed special diet for a certain period to have a fast and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded Rs.15,000/ (Rupees Fifteen Thousand Only) towards expenses for special diet.
15. LOSS OF INCOME In the present case, it has been stated by the petitioner/injured that at the time of accident , she was doing private service and earning Rs. 10,000/ p.m , however the said employment or income have not been proved on record in accordance with law by the petitioner/injured and in absence thereof, the minimum wages during the relevant period (27.3.2013) i.e Rs.7,254/ p.m is taken as criteria for calculating the loss of income to the petitioner/injured.
In the instant case, petitioner/injured has sustained grievous injuries due to the accident in this case. Further, in view of the material on record, it appears that it might have taken about three months for the petitioner/injured to recover from the said injuries sustained by her in the accident. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs.7,254/ x 3= Rs. 21,762/ (Rupees Twenty One Thousand Seven Hundred Sixty Two only) under the head ' Loss of Income'.
16. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that she has spent a sum of Rs. 25,000/ on attendant , however neither the said attendant has MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 35/121 36 been examined nor any documentary proof regarding the payment being made to the abovesaid attendant has been brought on record by the petitioner/ injured in this case.
In the instant case, the perusal of the record reveals that petitioner / injured Radha has sustained grievous injuries due to the accident in this case. In these circumstances, the petitioner/ injured must have required the services of attendant for about three months. It is pertinent to note that the petitioner/injured would have also needed an attendant to look after her, even if the gratuitous services were rendered by the some or the other of her family members. In the case titled as "Delhi Transport Corporation and Anr. V. Lalita" (reported as AIR 1981 Delhi 558), it has been held by the Hon'ble High Court of Delhi that a victim cannot be deprived of compensation towards gratuitous services rendered by some of the family members.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 3 = Rs. 12,000/ (Rupees Twelve Thousand Only) towards 'Attendant Charges'.
17. 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 sustained grievous injuries due to MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 36/121 37 the accident in this case. 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. The pain and sufferings of petitioner/injured can not be adequately compensated in terms of money however, in view of the facts & circumstances of the present case and in view of the material on record, a sum of Rs.70,000/ ( Rupees Seventy Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
18. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that she has suffered the loss of enjoyment of life and other amenities on account of the accident. The petitioner/ injured was about 39 years of age at the time of accident and has sustained grievous injuries due to the accident in this case. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs.50,000/ (Rupees Fifty Thousand only) as compensation towards loss of enjoyment of life and amenities. In addition to this, the petitioner/ injured shall also be entitled to a sum of Rs. 20,000/ (Rupees Twenty Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
19. The breakup of compensation that has been awarded to the petitioner/ injured Radha is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs. 340/
2. Conveyance Rs. 15,000/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 37/121 38
3. Special Diet Rs. 15,000/
4. Attendant Charges Rs. 12,000/
5. Loss of Income Rs. 21,762/
6. Pain & Sufferings Rs. 70,000/
7. Loss of Enjoyment of Life and Amenities Rs. 50,000/
8. Compensation for mental and physical shock Rs. 20,000/ Total Rs. 2,04,102/ rounded of as Rs. 2,04,500/
20. 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. 2,04,500/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
21. RELIEF IN MACP NO. 1437/16 ( Radha @Radha Rani Vs. Sanjay @ Harish & Ors.) 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.2,04,500 / (Rupees Two Lacs, Four Thousand Five Hundred only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/injured Radha @ Radha Rani and against the respondents.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 38/121 39
22. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Radha @ Radha Rani
iii). Age of the injured : 39 years ( at the time of accident)
iv). Occupation of the injured : Private service (at the time of accident)
v). Income of the injured : Rs. 7,254/ p.m
vi). Nature of injury : Grievous
vii). Medical treatment taken : RTRM Hospital, Jaffarpur, New Delhi by the injured
viii). Period of hospitalization :
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. 340/
(ii) Expenditure on conveyance Rs. 15,000/
(iii) Expenditure on special diet Rs. 15,000/
(iv) Attendant Charges Rs. 12,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 21,762/
(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. 20,000/
shock
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 39/121 40
(ii) Pain and suffering Rs. 70,000/
(iii) Loss of amenities of life Rs. 50,000/
(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 N.A 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. 2,04,102/ rounded of as Rs. 2,04,500/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 2,04,500/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31) MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 40/121 41
23. Further,the statement of petitioner/injuredRadha @ Radha Rani regarding her 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 facts 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. Radha @ Injured Rs. 2,04,500/ Rs. 24,500/ Rs.1.8 lacs be kept in 36 Radha Rani FDRs of Rs. 5,000/ each for the period from one month to 36 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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. 1370/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Suman has examined herself as PW6 and has filed her evidence by way of affidavit (Ex. PW6/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW6 further stated that after the accident, she was removed to RTRM hospital, New Delhi and thereafter to City hospital, New Delhi for the treatment of injuries sustained in the accident. PW6 stated that she has spent Rs.30,000/on her treatment till date and Rs.20,000/ each on conveyance and MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 41/121 42 special diet and Rs. 25,000/on attendant. PW6 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW6 has also relied upon the documents Ex. PW6/1 to Ex. PW6/3.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Suman has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Suman @ Suman Lata has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injuredSuman @ Suman Lata is ascertained under the following heads :
25. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Suman @ Suman Lata has suffered no bony injury in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Suman@ Suman Lata has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
26. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injuredSuman has undergone treatment at RTRM Hospital, Jaffarpur, New Delhi for the injuries MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 42/121 43 sustained by her in the accident in this case.
Further, in regard to the abovesaid treatment undergone by her, petitioner/injured Suman @ Suman Lata has placed on record the medical bills/ receipts, amounting to Rs. 3,450/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 3,450/ and accordingly , the petitioner/ injured Suman @ Suman Lata is awarded the said amount i.e Rs. 3,450/(Rupees Three Thousand, Four Hundred Fifty Only ) towards medicines and medical treatment.
27. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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 - Suman @ Suman Lata has not suffered any bony injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as such , she 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, she has suffered loss of income, however, no evidence whatsoever, in this MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 43/121 44 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 Suman @ Suman Lata has not suffered any bony injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were only simple in nature. Hence, the petitioner/injured Suman @ Suman Lata 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 not suffered any bony injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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. 5649 51 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 44/121 45 of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
30. The breakup of compensation that has been awarded to the petitioner/injured Suman@ Suman Lata is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Medicines & Treatment Rs. 3,450/
2. Pain & Sufferings Rs. 20,000/
3. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 28,450/
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. 28,450/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
32. RELIEF IN MACP NO. 1370/16 ( Suman @ Suman LataVs. Sanjay @ Harish &Ors.) 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.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 45/121 46 Rs.28,450 / (Rupees Twenty Eight Thousand Four Hundred Fifty only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured-Suman @ Suman Lata 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 : 27.3.2013
ii). Name of the injured : Suman @ Suman Lata
iii). Age of the injured : 39 years ( at the time of accident)
iv). Occupation of the injured : Private Service (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured
viii). Period of hospitalization :
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. 3,450/ (ii) Expenditure on conveyance (iii) Expenditure on special diet (iv) Cost of attendant/physiotherapist (v) Loss of earning capacity
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 46/121 47
(vi) Loss of income
(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. 5,000/ 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 N.A 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. 28,450/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 28,450/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 47/121 48
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
34. Further,the statement of petitioner/injuredSuman @ Suman Lata regarding her 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 facts 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. Suman @ Injured Rs. 28,450/ Rs. 3,450/ Rs. 25,000/ be kept in Suman Lata 10 FDRs of Rs. 2,500/ each for the period from one month to 10 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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. The onus to prove the abovesaid issue no. 2 in MACP No. 1438/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Ansuiya has examined herself as PW4 and has filed her evidence by way of affidavit (Ex. PW4/A), wherein it has been stated that she met with an MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 48/121 49 accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW4 further stated that after the accident, she was removed to RTRM hospital, New Delhi and thereafter to City hospital, New Delhi for the treatment of injuries sustained in the accident. PW4 stated that she has spent Rs. 80,000/on her treatment till date and Rs.40,000/ on conveyance and Rs. 30,000/ on special diet and Rs. 50,000/on attendant. PW4 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW4 has also relied upon the document Ex. PW4/1 .
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Ansuiya has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Ansuiya has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Ansuiya is ascertained under the following heads :
36. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Ansuiya has suffered no bony injury in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Ansuiya has not suffered any temporary or permanent disability due to the injuries sustained MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 49/121 50 by her in the accident in this case.
37. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone treatment at RTRM hospital, Jaffarpur, New Delhi and no medical bills qua expenses incurred by her on her treatment or medicines, have been placed on record. In these circumstances, the petitioner/injuredAnsuiya shall not be entitled to any compensation under this head in this case.
38. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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/injuredAnsuiya has not suffered an bony injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as such , she 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.
39. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, she has suffered loss of income, however, no evidence whatsoever, in this MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 50/121 51 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 Ansuiya has not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were only simple in nature. Hence, the petitioner/injured Ansuiya shall not be entitled to any compensation under this head in the present case.
40. 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 not suffered any bony injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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. 5649 51 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 51/121 52 shock suffered by her due to the accident in this case.
41. The breakup of compensation that has been awarded to the petitioner/injured Ansuiya is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Pain & Sufferings Rs. 20,000/
2. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 25,000/
42. 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. 25,000/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
43. RELIEF IN MACP NO. 1438/16 ( Ansuiya Vs. Sanjay @ Harish & Ors.) 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.25,000 / (Rupees Twenty Five Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured- Ansuiya and against the respondents.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 52/121 53
44. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Ansuiya
iii). Age of the injured : 39 years ( at the time of accident)
iv). Occupation of the injured : Private Service (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured
viii). Period of hospitalization :
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
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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:
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 53/121 54
(i) Compensation for mental and physical Rs. 5,000/ 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 N.A 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. 25,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 25,000/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31) MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 54/121 55
45. Further,the statement of petitioner/injured Ansuiya regarding her 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 facts 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. Ansuiya Injured Rs. 25,000/ Rs. 2,500/ Rs. 22,500/ be kept in 09 FDRs of Rs. 2,500/ each for the period from one month to 09 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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.).
46. The onus to prove the abovesaid issue no. 2 in MACP No. 1439/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Rajvati has examined herself as PW2 and has filed her evidence by way of affidavit (Ex. PW2/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW2 further stated that after the accident, she was removed to Orthoplus hospital, New Delhi for the treatment of injuries sustained in the accident. PW2 stated that she has spent Rs. 30,000/on her treatment till date and Rs.20,000/ each on conveyance and special diet and Rs. 25,000/on attendant. . PW2 has also relied upon the documents Ex. PW2/1 to Ex. PW2/2 .
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 55/121 56 Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Rajvati has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Rajvati has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Rajvati is ascertained under the following heads :
47. NATURE AND EXTENT OF INJURIES In the instant case, from the perusal of the record, it appears that petitioner Rajvati has not suffered any injury in the accident in this case as the perusal of the record reveals that petitioner/injured has not placed/ proved on record any document to show that she had sustained any injury in the accident in the present case. In fact, in her cross examination, petitioner/injured Rajvati ( PW2) has specifically admitted that her MLC was not prepared and that there were no documents with respect to her treatment for the date of accident.
48. MEDICINES & TREATMENT In the present case, the petitioner Rajvati has not placed on record any evidence, documentary or otherwise, to show that she has sustained any injury in the accident in this case. In these circumstances, since petitioner has not suffered any injury due to the accident in this case , the petitioner/injured shall not be entitled to any compensation under this head in this case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 56/121 57
49. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she was entitled to expenses towards conveyance and special diet, however, the said submissions made on behalf of the petitioner are devoid of any merits and are contrary to the record as perusal of the record reveals that petitioner has not suffered any injury due to the accident in the instant case. In these circumstances, since petitioner has not suffered any injury due to the accident in this case , the petitioner shall not be entitled to any compensation under this head in the present case.
50. LOSS OF INCOME In the instant case, the petitioner has stated that due to the accident , she has suffered loss of income, however, the said submissions made on behalf of the petitioner are devoid of any merits and are contrary to the record as perusal of the record reveals that petitioner/injured has not suffered any injury due to the accident in the present case and in absence thereof, the petitioner/injured shall not be entitled to any compensation under this head in the present case.
51. 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, the petitioner has not suffered any injury due to the accident in the presetn case. In these MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 57/121 58 circumstances, since petitioner has not suffered any injury due to the accident in this case , the petitioner/injured shall not be entitled to any compensation on account of pain & suffering due to the accident in this case, however , the petitioner shall be entitled to a sum of Rs. 10,000/ (Rupees Ten Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
52. The breakup of compensation that has been awarded to the petitioner/ injured Rajvati is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Compensation for mental and physical shock Rs. 10,000/ Total Rs. 10,000/
53. 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 is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 10,000/ from the date of filing of the petition on i.e. 21.10.2013 till realization.
54. RELIEF IN MACP No. 1439/16 ( Rajvati Vs. Sanjay @ Harish & Ors.) 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.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 58/121 59 Rs.10,000 / (Rupees Ten Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 21.10.2013 till realization is passed in favour of the petitioner/injured-Rajvati and against the respondents.
55. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Rajvati
iii). Age of the injured : 59 years ( at the time of accident)
iv). Occupation of the injured : Housewife (at the time of accident)
v). Income of the injured :
vi). Nature of injury : No Injury
vii). Medical treatment taken : by the injured
viii). Period of hospitalization :
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 (ii) Expenditure on conveyance (iii) Expenditure on special diet (iv) Cost of attendant/physiotherapist (v) Loss of earning capacity (vi) Loss of income
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 59/121 60
(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
(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 N.A 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. 10,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 21.10.2013 till realization.
17. Total amount including interest Rs. 10,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 21.10.2013 till realization.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 60/121 61
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
56. Further,the statement of petitioner/injuredRajvati regarding her 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 facts 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. Rajvati Injured Rs. 10,000/ Rs. 2,000/ Rs. 8,000/ be kept in 04 FDRs of Rs. 2,000/ each for the period from one month to 04 months in the name of petitioner with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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.).
57. The onus to prove the abovesaid issue no. 2 in MACP No. 1528/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Prem @ Premwati has examined herself as PW3 and has filed her evidence by way of affidavit (Ex. PW3/A), wherein it has been stated that she MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 61/121 62 met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW3 further stated that after the accident, she was removed to RTRM hospital, New Delhi and thereafter to Base hospital, New Delhi and Rockland Hospital, New Delhi for the treatment of injuries sustained in the accident. PW3 stated that she has spent Rs.80,000/on her treatment till date and Rs.40,000/ on conveyance and Rs. 30,000/ on special diet and Rs. 50,000/on attendant. PW3 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW3 has also relied upon the documents Ex. PW3/1 to Ex. PW6/3.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Prem @ Premwati has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Prem @ Premwati has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Prem @ Premwati W/o Sh. Zile Singh is ascertained under the following heads :
58. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Prem @ Premwati has suffered multiple wounds on chin in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Prem @ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 62/121 63 Premwati has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
59. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injuredPrem @ Premwati has undergone treatment at RTRM Hospital, Jaffarpur, New Delhi, Base hospital , New Delhi and Rockland Hospital, New Delhi for the injuries sustained by her in the accident in this case.
Further, in regard to the abovesaid treatment undergone by her, petitioner/injured Prem @ Premwati has placed on record the medical bills/ receipts, amounting to Rs. 18,000/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 18,000/ and accordingly , the petitioner/ injured Prem @ Premwati is awarded the said amount i.e Rs. 18,000/(Rupees Eighteen Thousand Only ) towards medicines and medical treatment.
60. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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 - Prem @ Premwati has suffered multiple wounds on chin and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 63/121 64 such , she 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.
61. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, she 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 Prem @ Premwati has suffered multiple wounds on chin and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were only simple in nature. Hence, the petitioner/injured Prem @ Premwati shall not be entitled to any compensation under this head in the present case.
62. 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 multiple wounds on MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 64/121 65 chin and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
63. The breakup of compensation that has been awarded to the petitioner/ injured Prem @ Premwati is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Medicines & Treatment Rs. 18,000/
2. Pain & Sufferings Rs. 20,000/
3. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 43,000/
64. 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 MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 65/121 66 compensation/award amount i.e Rs. 43,000/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
65. RELIEF IN MACP NO. 1528/16 ( Prem @ Premwati Vs. Sanjay @ Harish & Ors.) 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.43,000 / (Rupees Forty Three Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured-Prem @ Premweati and against the respondents.
66. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Prem @ Premwati
iii). Age of the injured : 68 years ( at the time of accident)
iv). Occupation of the injured : Housewife (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured
viii). Period of hospitalization :
ix). Whether any permanent : No disability?If yes, give details MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 66/121 67
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 18,000/
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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. 5,000/
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 N.A 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) MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 67/121 68
14. Total Compensation Rs. 43,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 43,000/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
67. Further,the statement of petitioner/injuredPrem @ Premwati regarding her 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 facts 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. Prem Injured Rs. 43,000/ Rs. 3,000/ Rs. 40,000/ be kept in @Premwati 10 FDRs of Rs. 4,000/ each for the period from one month to 10 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 68/121 69 Accident Claims Annuity Deposit Scheme (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.).
68. The onus to prove the abovesaid issue no. 2 in MACP No. 1568/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Satya Devi has examined herself as PW7 and has filed her evidence by way of affidavit (Ex. PW7/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW6 further stated that after the accident, she was removed to RTRM hospital, New Delhi and thereafter to City hospital, New Delhi for the treatment of injuries sustained in the accident. PW7 stated that she has spent Rs. 50,000/on her treatment till date and Rs. 40,000/ on conveyance, Rs.30,000/ on special diet and Rs. 25,000/on attendant. PW7 further stated that at the time of accident, she was doing stitching work and was earning Rs.10,000/pm. PW7 has also relied upon the documents Ex. PW7/1 to Ex. PW7/2.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Satya Devi has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Satya Devi has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Satya Devi is ascertained under the following heads :
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 69/121 70
69. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Satya Devi has suffered no major injury in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Satya Devi has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
70. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Satya Devi has undergone treatment at RTRM Hospital, Jaffarpur, New Delhi for the injuries sustained by her in the accident in this case.
Further, in regard to the abovesaid treatment undergone by her, petitioner/injured Satya Devi has placed on record the medical bills/ receipts, amounting to Rs. 1,500/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 1,500/ and accordingly , the petitioner/ injured Satya Devi is awarded the said amount i.e Rs. 1,500/(Rupees One Thousand, Five Hundred Only ) towards medicines and medical treatment.
71. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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, MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 70/121 71 petitioner/injured - Satya Devi has not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as such , she 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.
72. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, she 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 Satya Devi has not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were only simple in nature. Hence, the petitioner/injured Satya Devi shall not be entitled to any compensation under this head in the present case.
73. 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 MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 71/121 72
(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 not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
74. The breakup of compensation that has been awarded to the petitioner/injured Satya Devi is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Medicines & Treatment Rs. 1,500/
2. Pain & Sufferings Rs. 20,000/
3. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 26,500/
75. 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 MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 72/121 73 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. 26,500/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
76. RELIEF IN MACP NO. 1568/16 ( Satya Devi Vs. Sanjay @ Harish & Ors.) 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.26,500 / (Rupees Twenty Six Thousand Five Hundred only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured- Satya Devi and against the respondents.
77. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Satya Devi
iii). Age of the injured : 46 years ( at the time of accident)
iv). Occupation of the injured : Private work (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 73/121 74
viii). Period of hospitalization :
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. 1,500/
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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. 5,000/
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 N.A of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 74/121 75 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. 26,500/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 26,500/ + interest @ 9% per annum from the date of filing of the case/DAR i.e.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
78. Further,the statement of petitioner/injuredSatya Devi regarding her 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 facts and circumstances of the present case , the award amount shall be distributed as follows: MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 75/121 76 S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Satya Devi Injured Rs. 26,500/ Rs. 2,500/ Rs. 24,000/ be kept in 12 FDRs of Rs. 2,000/ 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 Annuity Deposit Scheme (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.).
79. The onus to prove the abovesaid issue no. 2 in MACP No. 1569/16 was upon the petitioner/injured therein and in order to discharge the said onus, Ghanshyam Singh ( father of minor injured Saloni ) has been examined as PW9 and he has filed his evidence by way of affidavit (Ex. PW9/A), wherein it has been stated that his minor daughter Saloni met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW9 further stated that after the accident, his daughter was removed to RTRM hospital, New Delhi for the treatment of injuries sustained in the accident. PW9 stated that he has spent Rs. 30,000/on the treatment of his daughter till date and Rs. 20,000/ each on conveyance and special diet and Rs. 25,000/on attendant. PW9 has also relied upon the documents Ex. PW9/1 to Ex. PW9/2.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Saloni has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 76/121 77 @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Saloni has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Saloni is ascertained under the following heads :
80. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Saloni has suffered no major injury in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Saloni has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
81. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Saloni has undergone treatment at RTRM Hospital, Jaffarpur, New Delhi for the injuries sustained by her in the accident in this case.
Further, in regard to the abovesaid treatment undergone by her, petitioner/injured Saloni has placed on record the medical bills/ receipts, amounting to Rs. 200/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 200/ and accordingly , the petitioner/ injured Saloni is awarded the said amount i.e Rs. 200/(Rupees Tw Hundred Only ) towards medicines and medical MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 77/121 78 treatment.
82. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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 - Saloni has not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as such , she 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.
83. 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 not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 78/121 79 mentioned 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
84. The breakup of compensation that has been awarded to the petitioner/injured Saloni is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Medicines & Treatment Rs. 200/
2. Pain & Sufferings Rs. 20,000/
3. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 25,200/
85. 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. 25,200/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 79/121 80
86. RELIEF IN MACP NO. 1569/16 ( Saloni Vs. Sanjay @ Harish & Ors.) 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.25,200 / (Rupees Twenty Five Thousand Two Hundred only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured- Saloni and against the respondents.
87. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Saloni
iii). Age of the injured : 10 years ( at the time of accident)
iv). Occupation of the injured :
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured
viii). Period of hospitalization :
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. 200/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 80/121 81
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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. 5,000/ 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 N.A 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. 26,500/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 81/121 82
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 25,200/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
88. Further,the statement of father of minor petitioner/injured Saloni regarding the financial status, needs and liabilities have also been recorded in this case . In view of the said statement of the father of minor petitioner/injured and having regard to facts 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. Saloni Injured Rs. 25,200/ Nil The entire amount of Rs.
25,200 be kept in the
form of FDR till
petitioner/injured Saloni
attains age of 18 years
The abovesaid award amount shall be disbursed through Motor
Accident Claims Annuity Deposit Scheme (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.).
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 82/121 83
89. The onus to prove the abovesaid issue no. 2 in MACP No. 1570/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Bala has examined herself as PW8 and has filed her evidence by way of affidavit (Ex. PW8/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW1 further stated that after the accident, she was removed to RTRM hospital, New Delhi for the treatment of injuries sustained in the accident. PW8 stated that she has spent Rs.60,000/on her treatment till date and Rs.40,000/ on conveyance, Rs.30,000/ on special diet and Rs.25,000/on attendant. PW8 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW1 has also relied upon the document Ex. PW8/1.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Bala @ Rajbala has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Bala @ Rajbala has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injuredBala @ Rajbala is ascertained under the following heads :
90. NATURE AND EXTENT OF INJURIES As per the MLC and medical treatment record pertaining to RTRM Hospital, Jafferpur, New Delhi, petitioner/injured Bala @ Rajbala has sustained grievous injuries due to the accident in this case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 83/121 84 Further, the perusal of the record reveals that petitioner/injured has not filed on record any document to show that she has suffered any permanent disability due to the injuries sustained by her in the accident in this case.
91. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone treatment at RTRM hospital, Jaffarpur, New Delhi and no medical bills qua expenses incurred by her on her treatment or medicines, have been placed on record. In these circumstances, the petitioner/injured Bala @ Rajbala shall not be entitled to any compensation under this head in this case.
92. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Bala @ Rajbala has sustained grievous injuries due to the accident in this case. In these circumstances, the petitioner/injured must have visited the hospital/ doctors for her treatment and would also have required special diet for certain period to recover from the injuries sustained in the accident.
It is being submitted on behalf of the petitioner/injured that she has spent Rs. 40,000/ on conveyance and Rs. 30,000/ on 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 from the material on record, it is evident that the petitioner/injured has not suffered any permanent disability due to the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, petitioner/injured shall be entitled to a sum of Rs.15,000/ (Rupees Fifteen Thousand only) towards conveyance. Further, in view of the injuries suffered by her, the MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 84/121 85 petitioner/ injured must have needed special diet for a certain period to have a fast and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded Rs.15,000/ (Rupees Fifteen Thousand Only) towards expenses for special diet.
93. LOSS OF INCOME In the present case, it has been stated by the petitioner/injured that at the time of accident , she was doing private service and earning Rs. 10,000/ p.m , however the said employment or income have not been proved on record in accordance with law by the petitioner/injured and in absence thereof, the minimum wages during the relevant period (27.3.2013) i.e Rs.7,254/ p.m is taken as criteria for calculating the loss of income to the petitioner/injured.
In the instant case, petitioner/injured has sustained grievous injuries due to the accident in this case. Further, in view of the material on record, it appears that it might have taken about three months for the petitioner/injured to recover from the said injuries sustained by her in the accident. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs.7,254/ x 3= Rs. 21,762/ (Rupees Twenty One Thousand Seven Hundred Sixty Two only) under the head ' Loss of Income'.
94. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that she has spent a sum of Rs. 25,000/ on attendant , however neither the said attendant has been examined nor any documentary proof regarding the payment being made to the abovesaid attendant has been brought on record by the petitioner/ injured in this case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 85/121 86 In the instant case, the perusal of the record reveals that petitioner / injured Bala @ Rajbala has sustained grievous injuries due to the accident in this case. In these circumstances, the petitioner/ injured must have required the services of attendant for about three months. It is pertinent to note that the petitioner/injured would have also needed an attendant to look after her, even if the gratuitous services were rendered by the some or the other of her family members. In the case titled as "Delhi Transport Corporation and Anr. V. Lalita" (reported as AIR 1981 Delhi 558), it has been held by the Hon'ble High Court of Delhi that a victim cannot be deprived of compensation towards gratuitous services rendered by some of the family members.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 3 = Rs. 12,000/ (Rupees Twelve Thousand Only) towards 'Attendant Charges'.
95. 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 sustained grievous injuries due to the accident in this case. 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 MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 86/121 87 (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not be adequately compensated in terms of money however, in view of the facts & circumstances of the present case and in view of the material on record, a sum of Rs.70,000/ ( Rupees Seventy Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
96. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that she has suffered the loss of enjoyment of life and other amenities on account of the accident. The petitioner/ injured was about 65 years of age at the time of accident and has sustained grievous injuries due to the accident in this case. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs.50,000/ (Rupees Fifty Thousand only) as compensation towards loss of enjoyment of life and amenities. In addition to this, the petitioner/ injured shall also be entitled to a sum of Rs. 20,000/ (Rupees Twenty Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
97. The breakup of compensation that has been awarded to the petitioner/ injured Radha is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment
2. Conveyance Rs. 15,000/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 87/121 88
3. Special Diet Rs. 15,000/
4. Attendant Charges Rs. 12,000/
5. Loss of Income Rs. 21,762/
6. Pain & Sufferings Rs. 70,000/
7. Loss of Enjoyment of Life and Amenities Rs. 50,000/
8. Compensation for mental and physical shock Rs. 20,000/ Total Rs. 2,03,762/ rounded of as Rs. 2,04,000/
98. 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. 2,04,000/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
99. RELIEF IN MACP NO. 1570/16 ( Bala @ Rajbala Vs. Sanjay @ Harish & Ors.) 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.2,04,000 / (Rupees Two Lacs, Four Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/injured Bala @ Rajbala and against the respondents.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 88/121 89
100. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Bala @ Rajbala
iii). Age of the injured : 65 years ( at the time of accident)
iv). Occupation of the injured : Private service (at the time of accident)
v). Income of the injured : Rs. 7,254/ p.m
vi). Nature of injury : Grievous
vii). Medical treatment taken : RTRM Hospital, Jaffarpur, New Delhi by the injured
viii). Period of hospitalization :
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
(ii) Expenditure on conveyance Rs. 15,000/
(iii) Expenditure on special diet Rs. 15,000/
(iv) Attendant Charges Rs. 12,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 21,762/
(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. 20,000/
shock
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 89/121 90
(ii) Pain and suffering Rs. 70,000/
(iii) Loss of amenities of life Rs. 50,000/
(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 N.A 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. 2,03,762/ rounded of as Rs. 2,04,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 2,04,000/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
101. Further,the statement of petitioner/injured Bala @ Rajbala regarding MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 90/121 91 her 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 facts and circumstances of the present case, the award amount shall be distributed as follows: S.No. Name Status Amount of Release Amount /Period of FDR Award Amount
1. Bala @ Injured Rs. 2,04,000/ Rs. 24,000/ Rs.1.8 lacs be kept in 36 FDRs of Rajbala Rs. 5,000/ each for the period from one month to 36 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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.).
102. The onus to prove the abovesaid issue no. 2 in MACP No. 1571/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Omwati has examined herself as PW5 and has filed her evidence by way of affidavit (Ex. PW5/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW5 further stated that after the accident, she was removed to RTRM hospital, New Delhi for the treatment of injuries sustained in the accident. PW5 stated that she has spent Rs. 30,000/on her treatment till date and Rs.20,000/ each on conveyance and special diet and Rs. 25,000/ on attendant. PW5 further stated that at the time of accident, she was doing private service and was earning Rs.10,000/pm. PW5 has also relied upon the document Ex. PW5/1 .
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 91/121 92 Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Omwati has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Omwati has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Omwati is ascertained under the following heads :
103. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Omwati has suffered no major injury in the accident in this case and in her MLC issued by RTRM Hospital, Jaffarpur, New Delhi the nature of injuries have been mentioned as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Omwati has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
104. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone treatment at RTRM hospital, Jaffarpur, New Delhi and no medical bills qua expenses incurred by her on her treatment or medicines, have been placed on record. In these circumstances, the petitioner/injured Omwati shall not be entitled to any compensation under this head in this case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 92/121 93
105. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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 - Omwati has not suffered an major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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 her in the accident were simple in nature and as such , she 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.
106. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, she 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 Omwati has not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were only simple in nature. Hence, the petitioner/injured Omwati shall not be entitled to any compensation under this head in the present case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 93/121 94
107. 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 not suffered any major injury and in her MLC issued by RTRM Hospital, the nature of injuries have been mentioned 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/injured towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
108. The breakup of compensation that has been awarded to the petitioner/ injured Omwati is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Pain & Sufferings Rs. 20,000/
2. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 25,000/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 94/121 95
109. 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. 25,000/ from the date of filing of case/DAR i.e. 31.7.2013 till realization.
110. RELIEF IN MACP NO. 1571 ( Omwati Vs. Sanjay @ Harish & Ors.) 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.25,000 / (Rupees Twenty Five Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 31.7.2013 till realization is passed in favour of the petitioner/ injured- Omwati and against the respondents.
111. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Omwati
iii). Age of the injured : 60 years ( at the time of accident)
iv). Occupation of the injured : Private Service (at the time of accident)
v). Income of the injured : MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 95/121 96
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur ,New Delhi by the injured
viii). Period of hospitalization :
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
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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. 5,000/
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 N.A MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 96/121 97 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. 25,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of case/DAR i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 25,000/ + interest @ 9% per annum from the date of filing of the case/DAR i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
112. Further,the statement of petitioner/injured Omwati regarding her 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 facts and circumstances of the present case , the award amount shall be distributed as follows: MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 97/121 98 S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Omwati Injured Rs. 25,000/ Rs. 2,500/ Rs. 22,500/ be kept in 09 FDRs of Rs. 2,500/ each for the period from one month to 09 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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.).
113. The onus to prove the abovesaid issue no. 2 in MACP No. 1572/16 was upon the petitioner/injured therein and in order to discharge the said onus, the said petitioner/ injured Prem W/o Sh. Mehtab Singh has examined herself as PW10 and has filed her evidence by way of affidavit (Ex. PW10/A), wherein it has been stated that she met with an accident on 27.03.2013 due to rash and negligent driving of R1/driver of offending car bearing no. HR 13F 0141. PW10 further stated that after the accident, she was removed to RTRM hospital, Jaffarpur, New Delhi for the treatment of injuries sustained in the accident. PW10 stated that she has spent Rs. 30,000/on her treatment till date and Rs.20,000/ each on conveyance and special diet and Rs. 25,000/on attendant. . PW10 has also relied upon the documents Ex. PW10/1 to Ex. PW10/2 .
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/ injured Prem W/o Sh. Mehtab Singh has sustained injuries in a motor vehicle accident dated 27.03.2013 on account of rash and MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 98/121 99 negligent driving of offending vehicle bearing no. HR 13F 0141, which was being driven by R1 Sanjay @ Harish, owned by R2 Deepak Mann and insured with R3/ Bharti AXA General Insurance Company Ltd. at the time of accident and as such, petitioner/injured Prem W/o Sh. Mehtab Singh has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Prem W/o Sh. Mehtab Singh is ascertained under the following heads :
114. NATURE AND EXTENT OF INJURIES As per the medical treatment record pertaining to RTRM Hospital, Jaffarpur, New Delhi, neither the injury, if any sustained by petitioner/injured Prem W/o Sh. Mehtab Singh nor the nature thereof have been specified. Further, the perusal of the record reveals that petitioner/injured has not placed/ proved on record any document to show that she had sustained any injury in the accident or that the injuries sustained by her were grievous in nature and in absence thereof, the nature of injuries suffered by the petitioner/injured Prem W/o Sh. Mehtab Singh in the accident in the instant case, have to be taken as 'simple'.
Further, the perusal of the record reveals that petitioner/injured Prem W/o Sh. Mehtab Singh has not suffered any temporary or permanent disability due to the injuries sustained by her in the accident in this case.
115. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone treatment at RTRM hospital, Jaffarpur, New Delhi and no medical bills qua expenses incurred by her on her treatment or medicines, have been placed on record. In these circumstances, the petitioner/injured Prem W/o Sh. Mehtab Singh shall not be MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 99/121 100 entitled to any compensation under this head in this case.
116. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that she 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 Prem W/o Sh. Mehtab Singh has only suffered the injuries , if any, which were 'simple' in nature. 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 her in the accident were simple in nature and as such , she 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.
117. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, she 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 Prem W/o Sh. Mehtab Singh has only suffered the injuries, if any, which were 'simple' in nature.. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured as to how she has suffered loss of income when the injuries sustained by her were simple in nature. Hence, the petitioner/injured shall not be entitled to any compensation under this head in the present case.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 100/121 101
118. 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, petitioner/ injured Prem W/o Sh. Mehtab Singh has only suffered the injuries , if any , which were 'simple' in nature. 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/ injured towards the head "pain & sufferings". In addition to this, the petitioner/ injured shall also be entitled to a sum of Rs.5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
119. The breakup of compensation that has been awarded to the petitioner/ injured Prem W/o Sh. Mehtab Singh is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Pain & Sufferings Rs. 20,000/
2. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 25,000/ MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 101/121 102
120. 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. 25,000/ from the date of filing of petition i.e. 21.10.2013 till realization.
121. RELIEF IN MACP NO. 1572/16 ( Prem W/o Sh. Mehtab Singh Vs. Sanjay @ Harish & Ors.) 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.25,000 / (Rupees Twenty Five Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 21.10.2013 till realization is passed in favour of the petitioner/ injured- Prem W/o Sh. Mehtab Singh and against the respondents.
122. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 27.3.2013
ii). Name of the injured : Prem W/o Sh. Mehtab Singh
iii). Age of the injured : 70 years ( at the time of accident)
iv). Occupation of the injured : Private Work (at the time of accident) MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 102/121 103
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : RTRM Hospital, Jaffarpur, New Delhi by the injured
viii). Period of hospitalization :
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
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(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. 5,000/
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.,
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 103/121 104
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and nature N.A 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. 25,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 21.10.2013 till realization.
17. Total amount including interest Rs. 25,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 21.10.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
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. 18.1.2020 ( Clause 31)
123. Further,the statement of petitioner/injured Prem W/o Sh. Mehtab Singh regarding her 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 facts and circumstances of the present case , the award amount shall be distributed MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 104/121 105 as follows: S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Prem Injured Rs. 25,000/ Rs. 2,500/ Rs. 22,500/ be kept in 09 FDRs of Rs. 2,500/ each for the period from one month to 09 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (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.).
124. LIABILITY ( In all the cases bearing MACP No. 1437/16, MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16,MACP No.1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16 The offending vehicle bearing no. HR13F0141 was being driven by respondent No.1Sanjay @ Harish, owned by respondent no.2Deepak Mann and was insured with respondent no.3/Bharti AXA General Insurance Company Ltd at the time of accident and as such, respondent no. 3/BhartiAXA General Insurance Company Ltd being the 'principal tort feasor', shall be liable to pay the awarded amount in all these cases bearing MACP No. 1437/16, MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 105/121 106 It is being submitted on behalf of R3/Insurance company that it was entitled to recovery rights against R1 Sanjay @ Harish ( driver) and R2 Deepak Mann ( owner of offending vehicle) as earlier/previous insurance policy qua the offending vehicle was fake. In this regard, R3/ Insurance company has examined R3W1 Ms. Anjali Rustagi , Asstt. Manager , who has filed her evidence by way of affidavit ( Ex. R3W1/1) , wherein it has been stated that their counsel has sent notices u/o12 rule 8 CPC to insured and driver and she has proved the said notice and postal receipts as Ex. R3W1/D and R3W1/E and she also deposed that earlier/previous insurance policy qua the offending vehicle was fake.
The important fact is that deposition of this witness i.e R3W1 does not inspire confidence and is not of much use to R3/Insurance company as in her cross examination, R3W1 admitted that insurance policy was issued to the insured Deepak from their company in respect of the offending vehicle w.e.f 26.3.2013 to 25.3.2014, which covers the date of accident i.e 27.3.2013. R3W1 further admitted that she do not have any documentary proof with regard to the service of notice u/o 12 rule 8 CPC to the insured.
In view of the above, the averment made on behalf of R3/Insurance company that earlier/previous insurance policy qua the offending vehicle was fake is devoid of any merits and is not of much use to the R3/Insurance company as R3W1 specifically admitted in her cross examination that insurance policy was issued to the insured Deepak from their company in respect of the offending vehicle w.e.f 26.3.2013 to 25.3.2014, which covers the date of accident i.e 27.3.2013.
Thus, in view of the above discussion & observations and in view of the material on record, the R3/Insurance company shall not be entitled to recovery rights against R1 (driver ) and R2 ( owner of offending vehicle) in the fact and circumstances of the present case and accordingly, respondent no. 3/ Bharti AXA MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 106/121 107 General Insurance Company Ltd., shall only be liable to pay the award amount to the petitioners/injured herein.
Hence, in view of the above, Issue No. 2 is decided accordingly.
125. In all these cases bearing MACP No. 1437/16, MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No.1570/16, MACP No. 1571/16 and MACP No. 1572/16 , the award amounts shall be deposited /transferred by respondent no.3/ Bharti AXA 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 .
126. Petitioner Radha @ Radha Rani (petitioner/injured in MACP No.1437/16) has produced the passbook of her SB Account No.3027720824 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN022120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Radha @ Radha Rani that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 3027720824 of petitioner Radha @ Radha Rani at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 107/121 108 Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitionerRadha @ Radha Rani , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
127. Petitioner Suman @ Suman Lata ( petitioner/injured in MACP No.1370/16) has produced the passbook of her SB Account No. 1159670524 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN022120), MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 108/121 109 wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Suman @ Suman Lata that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 1159670524 of petitioner Suman @ Suman Lata at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Suman @ Suman Lata , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured and if the same have already been issued, the said bank is directed to cancel the MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 109/121 110 same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner/injured .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
128. Petitioner Ansuiya ( petitioner/injured in MACP No.1438/16) has produced the passbook of her SB Account No. 5867101001284 at Canara Bank, Mitraon, New Delhi (IFSC Code No. CNRB0005867), wherein it has been endorsed that " As per customer request we have ceased the Cheque Book and ATM Facility of customer ".
It is being requested on behalf of the petitioner Ansuiya that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 5867101001284 of petitioner Ansuiya at Canara Bank, Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Canara Bank, Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Ansuiya , 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.
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 110/121 111 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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Canara Bank, Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Canara Bank, Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
129. Petitioner Rajvati ( petitioner/injured in MACP No.1439/16) has produced the passbook of her SB Account No. 5867101000594 at Canara Bank, Mitraon, New Delhi (IFSC Code No. CNRB0005867), wherein it has been endorsed that " As per customer request we have ceased the Cheque Book and ATM Facility of customer ".
It is being requested on behalf of the petitioner Rajvati that the above said cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 5867101000594 of petitioner Rajvati at Canara MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 111/121 112 Bank, Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Canara Bank, Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Rajvati , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Canara Bank, Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Canara Bank, Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
130. Petitioner Prem @ Premwati ( petitioner/injured in MACP No.1528/16) has produced the passbook of her SB Account No. 1159646875 at Central Bank MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 112/121 113 of India , Mitraon, New Delhi (IFSC Code No. CBIN0282120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Prem @ Premwati that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 1159646875 of petitioner Prem @ Premwati at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Prem @ Premwati , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 113/121 114 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
131. Petitioner Satya Devi ( petitioner/injured in MACP No.1568/16) has produced the passbook of her SB Account No. 1159627228 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN0282120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Satya Devi that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 1159627228 of petitioner Satya Devi at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Satya Devi , as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 114/121 115 aforesaid savings bank account of petitioner.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
132. In the present case, it is being stated that a Saving Bank Account No. 3273466897 in the name of minor petitioner Saloni ( minor petitioner/injured in MACP No.1569/16) has been opened at Central Bank of India, Mitraon, New Delhi (IFSC Code: CBIN0282120) wherein it has been endorsed that " No ATM & No Cheque Book ".
Accordingly, the Manager, State Bank of India, District Courts Complex, Sector10, Dwarka, New Delhi is directed to keep the abovesaid amount awarded to petitioner /injured in the form of above mentioned FDR till petitioner/injured Saloni attains the age of 18 years .
At the time of maturity, the fixed deposit amount shall be credited in the MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 115/121 116 aforesaid savings bank account of petitioner.
The original FDR 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 Saloni .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDR to the petitioner/injured 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 Saloni .
The abovesaid Central Bank of India, Mitraon, New Delhi, is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India, Mitraon, New Delhi, shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
133. Petitioner Bala @ Rajbala ( petitioner/injured in MACP No.1570/16) has produced the passbook of her SB Account No. 3336430248 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN0282120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Bala @ Rajbala that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, New Delhi .
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 116/121 117 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. 3336430248 of petitioner Bala @ Rajbala at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Bala @ Rajbala , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 117/121 118 by means of a withdrawal form .
134. Petitioner Omwati ( petitioner/injured in MACP No.1571/16) has produced the passbook of her SB Account No. 1159624760 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN0282120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Omwati that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 1159624760 of petitioner Omwati at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to release the abovesaid cash amount to petitioner Omwati , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 118/121 119 prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
135. Petitioner Prem W/o Sh.Mehtab Singh ( petitioner/injured in MACP No.1572/16) has produced the passbook of her SB Account No. 1159644834 at Central Bank of India , Mitraon, New Delhi (IFSC Code No. CBIN0282120), wherein it has been endorsed that "No ATM & No Cheque Book ".
It is being requested on behalf of the petitioner Prem W/o Sh.Mehtab Singh that the abovesaid cash amount may be transferred to her aforesaid SB Account at Central Bank of India , Mitraon, 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. 1159644834 of petitioner Prem W/o Sh.Mehtab Singh at Central Bank of India , Mitraon, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (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, Central Bank of India , Mitraon, New Delhi is directed to MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 119/121 120 release the abovesaid cash amount to petitioner Prem W/o Sh.Mehtab Singh , 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured without the prior permission of this court.
The abovesaid Central Bank of India , Mitraon, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/injured 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 .
Central Bank of India , Mitraon, New Delhi shall permit account holder i.e petitioner/injured to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
136. The insurance company shall inform the petitioners as well as their counsels through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioner/injured to know about the deposit in the account.
Certified copy of this award be sent to the concerned Manager, SBI, District Courts Complex, Sector10, Dwarka, New Delhi and Manager,Central Bank of India, Mitraon, New Delhi and Manager ,Canara Bank, Mitraon, New Delhi, MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 120/121 121 for information / compliance.
Copy of this award be also sent through e.mail to Sh.Rajan Singh, Assistant General Manager ( Nodal Officer), State Bank of India at his email ID :
[email protected] in terms of Order dated 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2003.
Certified copy of this award be given ''Dasti' to the petitioners/ their 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. 1437/16 and the copies thereof be placed in the files of connected cases bearing MACP No.1370/16, MACP No. 1438/16, MACP No. 1439/16, MACP No. 1528/16, MACP No. 1568/16, MACP No. 1569/16, MACP No. 1570/16, MACP No. 1571/16 and MACP No. 1572/16.
Ahlmad is directed to prepare separate misc. files and put up the same for filing of the compliance report on 18.1.2020.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 13.12.2019) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
13.12.2019
Digitally
signed by
PARAMJIT
PARAMJIT SINGH
SINGH Date:
2019.12.13
16:06:56
+0530
MACP Nos.1437, 1370, 1438, 1439, 1528, 1568 to 1572/16 Radha Vs. Sanjay & Ors. 121/121