Delhi District Court
Smt. Indu Choudhary (Mother Of The ... vs Joy P (Driver) on 5 April, 2022
IN THE COURT OF Dr. KAMINI LAU : JUDGE (MACT)01
(CENTRAL) TIS HAZARI COURTS, DELHI
MACT No. 477/2020
CNR No. DLCT010069592020
Manish Choudhary (Deceased - Through LRs)
1. Smt. Indu Choudhary (Mother of the deceased)
W/o Sh. Suresh Kumar Choudhary,
2. Sh. Suresh Kumar Choudhary (Father of the deceased)
S/o Late Sh. Govind Ram Choudhary,
3. Sh. Tarun Choudhary (younger brother of the deceased)
S/o Sh. Suresh Kumar Choudhary,
All Residents of :
X1019, Gali No.3, New Chand Mohalla,
Gandhi Nagar, East Delhi110031.
......Petitioners
Versus
Joy P (Driver)
S/o Sh. Pappachan,
R/o 156, Gali No.3, Rao Chatur Bhuj Marg,
Kapashera, New Delhi110097.
......Respondent
Date of filing of DAR: 19.10.2020
Arguments heard on: 21.03.2022
Date of passing of Award: 05.04.2022
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020
Award dated 05.04.2022 Page No. 1 of 21
A W A R D:
(1) The present Detail Accident Report (DAR) has been filed on
19.10.2020 and has been registered as Motor Accident Claim Petition
in respect of the accident which took place on 03.02.2020 at 4:45 PM at
Service Road near Public Gate, Rajghat, Darya Ganj, Delhi in which
Manish Choudhary had expired.
BRIEF FACTS:
(2) The Facts in Brief as emerged from the DAR are that on 03.02.2020 the deceased Manish Choudhary was returning on his motorcycle bearing registration No. DL5SBY3229 and when he reached near Rajghat Service Road, near Public Gate Rajghat, one Taxi bearing registration No. DL1Z6634 was parked on the service road and when the deceased Manish Choudhary reached near the said Taxi, the Taxi driver suddenly opened the door of the taxi as a result of which, the deceased stuck in the taxi door and fell down on the road and sustained head injuries. Thereafter, the injured was taken to Lok Nayak Hospital, New Delhi110002 where his MLC was prepared and thereafter he was shifted to Max Hospital, Patparganj and then he was again shifted to Lok Nayak Hospital, Delhi but the deceased succumbed to the injuries and expired on 12.02.2020 at 9:15 PM. According to the legal heirs of the deceased, the deceased Manish Choudhary was doing a CA (Teacher) job in Sankalp Institute of Commerce and AVJ Academy and used to earn Rs.55,000/ per month. He was unmarried and due to Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 2 of 21 his unfortunate death, the LRs of the deceased had suffered a great loss of love and affection, mental pain and agony as the LR's of the deceased petitioners are dependent upon the earning of the deceased and they are facing critical financial crises after the death of the deceased. The petitioners are claiming a total compensation of Rs.87,44,740/. (3) The respondent no.1 Joy P. who is the drivercumowner of the offending vehicle bearing No. DL1Z6634 had appeared before this court on 19.10.2020 when a copy of the DAR was supplied to him but thereafter he stopped appearing before this Court nor filed his written statement to the DAR pursuant to which he was proceeded exparte vide order dated 23.02.2021.
ISSUES SETTLED:
(4) On the basis of the pleading of the parties, vide order dated 23.02.2021, this Court has settled the following issues:
i. Whether the deceased Manish Choudhary had expired in a road traffic accident which took place on 03.02.2020 at Service Road, Near Public Gate, Rajghat, Darya Ganj, Delhi on account of rash and negligent manner of the Car bearing registration No. DL1Z6634 by the respondent Joy P? (OPP) ii. Whether the LRs of the deceased are entitled to any compensation? If yes, from whom and to what extent?
(OPP)
iii. Relief.
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 3 of 21 EVIDENCE:
(5) After the issues were settled by this Court on 23.02.2021, the case was listed for exparte evidence of the petitioners for 04.05.2021.
On 04.05.2021 none had appeared before this Court nor any list of witnesses nor any affidavit of evidence was filed, pursuant to which the case was relisted on 02.08.2021. Sh. Amulya Upadhyay Advocate for the petitioners had appeared on 02.08.2021 through Video Conferencing but again neither any affidavit of evidence nor any list of witnesses filed and this Court again relisted the case for petitioners evidence on 10.11.2021. On 10.11.2021 in the first call Sh. Manas Kumar Advocate/ Legal Aid Counsel had appeared and was granted time to file the affidavit of evidence but thereafter he did not appear on the second call on 12:00 Noon and at 2:20 PM when the matter was taken up Sh. Suresh Kumar, father of the deceased had appeared but again no affidavit of evidence was filed. Taking a note of the conduct of the LRs of the petitioner, this Court closed the evidence of the petitioner vide order dated 10.11.2021.
(6) In so far as the respondent Joy P. is concerned, he was exparte and has never appeared. I also note that his vehicle i.e. Taxi bearing No. DL1Z6634 was uninsured at the time of accident and no Insurance Company has been made a respondent in the present case.
FINDINGS & OBSERVATIONS:
(7) I have heard the arguments advanced before me and considered the material on record. My findings on the various issues are as under:
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 4 of 21 Issue No.1: Whether the deceased Manish Choudhary had expired in a road traffic accident which took place on 03.02.2020 at Service Road, Near Public Gate, Rajghat, Darya Ganj, Delhi on account of rash and negligent manner of the Car bearing registration No. DL1Z 6634 by the respondent Joy P? (OPP) Issue No.2: Whether the LRs of the deceased are entitled to any compensation? If yes, from whom and to what extent?
(OPP) (8) Both the issues are clubbed together for the sake of convenience involving common discussion. Onus of proving both the above issues was upon the petitioners who are the Legal Heirs of the deceased Manish Choudhary.
(9) The case of the petitioners is that on 03.02.2020 the deceased Manish Choudhary was returning on his motorcycle bearing registration No. DL5SBY3229 and when he reached near Rajghat Service Road, near Public Gate Rajghat, one Taxi bearing registration No. DL1Z 6634 was parked on the service road and when the deceased Manish Choudhary reached near the said Taxi, the Taxi driver suddenly opened the door of the taxi as a result of which, the deceased stuck in the taxi door and fell down on the road and sustained head injuries. The injured was taken to Lok Nayak Hospital, New Delhi110002 where his MLC was prepared and thereafter he was shifted to Max Hospital, Patparganj and then he was again shifted to Lok Nayak Hospital, Delhi but the deceased expired on 12.02.2020 at 9:15 PM. According to the petitioners, the accident had taken place on account of negligence of the Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 5 of 21 respondent no.1 Joy P. the driver cum owner of the Taxi bearing No. DL1Z6634.
(10) I have considered the submissions made before me and have considered the written memorandum of arguments filed on behalf of the parties. I have also gone through the documents placed on record including the DAR and the documents attached along with the same. (11) Coming FIRST to the Identity of the respondent Joy P. as the Driver of the offending vehicle i.e. Taxi bearing No. DL1Z 6634, I may note that as per the DAR on 03.02.2020 at 5:11 PM an information was received at Police Station Darya Ganj vide DD No. 63 A regarding admission of an injured namely Manish Choduahry in LNJP Hospital who met with an accident near Rajghat. Pursuant to the same the initial IO reached the spot and it was revealed that a Taxi Bearing No. DL1Z6634 was parked on the service road and when a motorcycle bearing No. DL5SBY3229 reached near the Taxi, the Taxi Driver opened the gate as a result of which the motorcyclist hit the door of the Taxi and fell down and sustained injuries, after which the ERV Staff took the injured to the Hospital. Here, I may note that initially the injured Manish Choudhary had given a statement to the IO ASI Bhagwat in writing that he did not want any FIR against the Taxi Driver but it was later when his condition deteriorated that the father of injured got the FIR registered against the said Taxi Driver. (12) During investigations a notice under Section 133 of Motor Vehicles Act was issued to Joy P. being the owner of the Taxi bearing Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 6 of 21 No. DL1Z6634 pursuant to which the respondent Joy P. responded to the effect that he is the owner of the above Taxi and on 03.02.2020 he was driving the said Taxi. Further, as per the Mechanical Inspection Report of the Taxi bearing No. DL1Z6634 (copy of which is attached along with the DAR) the front door colour was different to another meaning thereby that the front door was damaged in the accident which was got painted by the respondent Joy P. later on. The respondent Joy P. had never appeared before this Court nor filed his written statement nor there is any dispute that he was driving the Taxi bearing No. DL 1Z6634 at the time of accident.
(13) SECONDLY in so far as the Rashness and Negligence so attributed to the respondent Joy P. is concerned, I may note that the present FIR bearing No. 33/2020 was registered at Police Station Darya Ganj under Section 279/337 IPC on the basis of statement of Sh. Suresh Kumar Choudhary, the father of the deceased. It is evident from the record that initially the injured did not want any case to be registered against the driver of the Taxi since at that time he could not anticipate that the injuries sustained by him could be fatal. The reason for filing a complaint by the father of injured against the Taxi Driver for registration of FIR was on account of the fact that the injured Manish Choudhary had expired due to the injuries suffered by him in the accident in question. However, the Legal Heirs of the deceased have not led any evidence to prove the rashness and negligence so attributed to the respondent Joy P. Perusal of the chargesheet copy of which has been attached along with the DAR, shows that there are three eye Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 7 of 21 witnesses to the incident i.e. Jisan who is putting a rehri near the spot and ASI Dev Karan and Ct. Dinesh who are the police officials deputed on the EVR Vehicle. None of the above eye witnesses have been examined by the petitioner to establish the rashness and negligence attributed to the respondent Joy P. (14) LASTLY in so far as the aspect of Injuries caused to the deceased Manish Choudhary are concerned, I have gone through the photocopy of the MLC of the injured prepared at Loknayak Hospital which shows that the injured Manish Choudhary was brought to the hospital on 03.02.2020 at 5:15 PM by Ct. Dinesh with alleged history of Road Side Accident near Rajghat and on local examination there was one CLW over left side neck (3 cm x 2 cm). Further, the Discharge Summary prepared at IHBAS shows that the injured was admitted on 05.02.2020 with history that he developed sudden onset aphasia with right sided weakness; difficulty in lifting his arm over head and difficulty in getting out from bed; loss of speed and Altered Sensorium. The injured was then taken to Safdurjung Hospital on the same day i.e. 05.02.2020 and then to Max Hospital, Patparganj on 07.02.2020 where he was diagnosed with Acute StrokeLeft MCA and PCA Territory Malignant Infarct with massive edema with Midline shift (Decompressive Craniectomy done on 07.02.2020). The injured was got discharged from Max Hospital and was against got admitted at LNJP Hospital where he expired on 12.02.2020 at 9:15 PM. (15) The copy of Postmortem Report of the deceased which forms a part of the DAR shows that as per the opinion of the Autopsy Surgeon Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 8 of 21 the cause of death is due to cerebral injury consequent upon blunt force impact to the head; all injuries are antemortem in nature, caused by blunt force impact, about 9 days old in duration and are possible in a case of Road Traffic Accident. The said postmortem report has gone uncontroverted and establishes that the death of the deceased Manish Choudhary was caused on account of the injuries suffered by him in the accident in question.
Provisions of Section 166 of Motor Vehicles Act not established - Section 163A of Motor Vehicles Act invoked:
(16) In the light of my discussion as above, particularly on account of the Legal Heirs of the deceased having failed to lead any evidence to prove the rashness and negligence attributed to the respondent, I hereby hold as under:
➢ That respondent Joy P. was the drivercumowner of the Taxi bearing No. DL1Z6634 which was parked on 03.02.2020 on the Service Road near Public Gate, Rajghat, Darya Ganj, Delhi when the incident took place with the motorcyclist Manish Choudhary.
➢ That in the accident the injured Manish Chaudhary sustained injuries and later on expired.
➢ That the Rashness and Negligence so attributed to the respondent Joy P. does not stand established. (17) It is in this background and in the interest of justice, this Tribunal has now invoked the provisions of Section 163A of Motor Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 9 of 21 Vehicles Act for two reasons, firstly that the offending vehicle i.e. Taxi bearing No. DL1Z6634 was uninsured at the time of accident and secondly the respondent Joy P. was proceeded exparte and the LRs of the deceased did not seriously take up the proceedings and led no evidence to prove the rashness and negligence attributed to the respondent Joy P. (18) I may note that vide S.O. 3147 (E) dated 30.08.2019 the provisions of Section 163A of Motor Vehicles Act along with the Second Schedule stand deleted but since the notification is yet to be given effect, I proceed under Section 163A the Motor Vehicles Act. (19) Now coming to the quantum of compensation, I may observe that vide Gazette Notification bearing No. S.O.2022 (E) dated 22.05.2018 issued by the Ministry of Road Transport and Highways, Government of India, the compensation payable in case of death and injuries have been assessed. The Second Schedule under Section 163 A of Motor Vehicles Act is reproduced as under:
Schedule for Compensation for Third Party Fatal Accidents/ Injury cases claims:
1. (a) Fatal Accident:
Compensation payable in case of Death shall be five lakh rupees.
(b) Accidents resulting in permanent disability:
Compensation payable shall be = [Rs.5,00,000/ X percentage disability as per ScheduleI of the Employee's Compensation act, 1923 (8 of 1923)];
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 10 of 21 Provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees.
(c) Accidents resulting in minor injury:
A fixed compensation of twenty five thousands rupees shall be payable.
2. On and from the date of 1st day of January, 2019, the amount of compensation specified in the clause (a) to
(c) of paragraph (1) shall stand increased by 5 per cent annually.
3. This notification shall come into force on the date of its publication in the Official Gazette.
(20) The case of the petitioners who are the Legal Heirs of the deceased Manish Choudhary falls under Clause 1 (a) of the above Schedule and hence, I hold that the fixed compensation of Rs.5,00,000/ (Rupees Five Lacs only) be awarded.
(21) I may note that interest @ 9% per annum was awarded by the Hon'ble Apex Court in the case of Municipal Corporation of Delhi Vs. Association of Victims of Uphaar Tragedy reported in 2012 ACJ 48 (SC). In the interest of justice, it is held that claimants shall be entitled to interest @ 6% per annum from the date of filing of DAR i.e. from 19.10.2020 till realization.
Apportionment:
(22) As per the DAR, there are three Legal Heirs of the deceased Manish Choudhary i.e. Smt. Indu Choudhary (Mother), Sh. Suresh Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 11 of 21 Kumar Choudhary (Father) and Sh. Tarun Choudhary (younger brother).
However, there is nothing on record to show that the younger brother Tarun Choudhary was dependent upon the deceased Manish Choudhary. Therefore, I hold that the entire compensation amount shall be given to the parents of the deceased in equal proportions. For the sake of convenience, the individual shares of the petitioners are tabulated as under:
Sr. Name of the claimant Relation with Percentage of Amount in No. deceased award amount (Rs.) 1 Smt. Indu Choudhary Mother 50% 2,50,000/ 2 Sh. Suresh Kumar Father 50% 2,50,000/ Choudhary Disbursement:
(23) The Financial Statement of the petitioner no.2 Suresh Kumar Choudhary was recorded by this Tribunal on 29.11.2021 according to which their family expenses are about Rs.20,000/ to Rs.25,000/ per month.
(24) Keeping in view the above, I hereby direct that in so far as the petitioner no.1 Smt. Indu Choudhary (Mother of the deceased) is concerned on realization of the award amount, a sum of Rs.50,000/ plus half of the interest amount be released to her from her share and the balance amount of Rs.2,00,000/ (Rupees Two Lacs only) shall be put in Twenty monthly fixed deposits in her name in MACAD account of equal amount of Rs.10,000/ (Rupees Ten Thousand only) each for a period of 01 month to 20 months respectively, with cumulative Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 12 of 21 interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said amount, amount of FDRs on maturity, shall automatically be transferred in her saving account maintained in a nationalized bank without the facility of cheque book and ATM card. It is clarified that the amount shall be released to her only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued or if has been issued, same has been withdrawn and same shall not be issued without the prior permission of this Tribunal.
The petitioner no.1 Smt. Indu Choudhary shall have liberty to seek the release of Rs.50,000/ plus half of interest amount from the bank located within the jurisdiction of this Tribunal itself. (25) In so far as the petitioner no.2 Sh. Suresh Kumar Choudhary (Father of the deceased) is concerned on realization of the award amount, a sum of Rs.50,000/ plus half of the interest amount be released to him from his share and the balance amount of Rs.2,00,000/ (Rupees Two Lacs only) shall be put in Twenty monthly fixed deposits in his name in MACAD account of equal amount of Rs.10,000/ (Rupees Ten Thousand only) each for a period of 01 month to 20 months respectively, with cumulative interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said amount, amount of FDRs on maturity, shall automatically be transferred in his saving account maintained in a nationalized bank without the facility of cheque book Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 13 of 21 and ATM card. It is clarified that the amount shall be released to him only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued or if has been issued, same has been withdrawn and same shall not be issued without the prior permission of this Tribunal. The petitioner no.2 Sh. Suresh Kumar Chaudhary shall have liberty to seek the release of Rs.50,000/ plus half of interest amount from the bank located within the jurisdiction of this Tribunal itself. (26) The above FDRs shall be prepared with the following conditions as enumerated by the Hon'ble Delhi High Court vide orders dated 07.12.2018 & 08.01.2021 in FAO No. 842/2003 under the title Rajesh Tyagi & Ors. Vs. Jaivir Singh & Ors.:
(i) The bank shall not permit any joint name to be added in the saving account or fixed deposit accounts of the claimants i.e. saving bank accounts of the claimants shall be an individual saving bank account and not a joint account.
(ii) Original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimants.
(iii) The maturity amount of the FDRs be credited by the ECS in the saving bank account of the claimant near the place of their residence.
(iv) No loan, advance or withdrawal or premature discharge be allowed on the fixed deposits without the permission of the court.
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 14 of 21
(v) The concerned bank shall not issue any cheque book and/or debit card to claimants. However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card(s) freeze the account of claimants so that no debit card be issued in respect of the account of claimants from any other branch of the bank.
(vi) The bank shall make an endorsement on the passbook of the claimant to the effect, that no cheque books and/or debit card have been issued and shall not be issued without the permission of the Court and the claimant shall produced the passbook with the necessary endorsement before the Court for compliance.
(27) In compliance of the directions given by Hon'ble High court in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021, Summary of the Award in the prescribed FormatXV is as under:
SUMMARY OF AWARD:
1. Date of Accident: 03.02.2020
2. Name of the deceased: Manish Choudhary
3. Age of the deceased: 34 years
4. Occupation of the deceased: Not proved
5. Income of the deceased: Not Proved
6. Name, Age and relationship of legal representatives of deceased:
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 15 of 21 Sr. No. Name Age Relation
(i) Smt. Indu Choudhary 64 years Mother (Dependent)
(ii) Sh. Suresh Kumar 67 years Father (Dependent) Choudhary
(iii) Sh. Tarun Choudhary 22 years Brother (Dependency not proved) COMPUTATION OF COMPENSATION Sr. Head Awarded by the No. Claims Tribunal 7 Annual Income of deceased (A) Under Section 163A 8 Add future prospect (B) of Motor Vehicles Act 9 Less deductions towards personal and living expenses of the deceased (C) 10 Monthly loss of dependency [(A+B) - C = D] 11 Annual loss of Dependency (D x 12) 12 Multiplier (E) 13 Total loss of dependency DxE=F 14 Medical Expenses (G) 15 Compensation for loss of love and affection (H) 16 Compensation for loss of consortium (I) 17 Compensation for loss of Estate (J) 18 Compensation for funeral expenses (K) 19 Total Compensation (F+G+H+I+J = L) Rs.5,00,000/ Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 16 of 21 20 RATE OF INTEREST AWARDED 6% 21 Interest amount upto the date of award Rs.43,812/ (L) (1 Year, 5 Months and 16 Days) 22 Total amount including interest Rs.5,43,812/ 23 Award amount released As per paragraphs no.
24 & 25 24 Award amount kept in FDRs As per paragraphs no.
24 & 25 25 Mode of disbursement of the award As per paragraphs no.
amount to the claimant(s) 24 & 25 26 Next Date of compliance of the award 06.05.2022 Liability: (28) In so far as the liability to pay the awarded amount is
concerned, I may note that as per the provisions of Section 163A of Motor Vehicles Act the Owner of the motor vehicle or the Authorized Insurer shall be liable to pay the award amount. The provision of Section 163A of Motor Vehicles Act is reproduced as under:
163A. Special provisions as to payment of compensation on structured formula basis: (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be.
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 17 of 21 (29) It has already come on record that the respondent Joy P. was the DrivercumOwner of the offending vehicle i.e. Taxi No. DL1Z 6634 at the time of accident i.e. 03.02.2020 and that the offending vehicle was not insured. This being the background, I hereby hold that the respondent Joy P. is liable to to pay the awarded amount to the petitioners.
(30) Both the issues are accordingly disposed off.
RELIEF:
(31) The respondent Joy P. is directed to deposit a sum of Rs.5,00,000/ (Rupees Five Lacs only) with interest @ 6% per annum from the date of award till deposit with the Civil Nazir of this Tribunal within 30 days under intimation to the petitioners failing which the respondent shall be liable to pay interest @ 12% per annum for the period of delay beyond 30 days. (32) The respondent is also directed to place on record the proof of deposit of the award amount, proof of delivery of notice in respect of deposit of the amount to the petitioner/claimant and complete detail in respect of calculation of interest etc. within 30 days. (33) A copy of this judgment be sent to the respondent Joy P. for compliance within the time granted. Respondent is further directed to give intimation of deposit of the compensation amount to the claimant and shall file a compliance report with the Claims Tribunal with respect to the deposit of the compensation amount within 15 days of the deposit Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 18 of 21 with the interest, with a copy to the petitioners. (34) Civil Nazir is directed to place a report on record on 06.05.2022 in the event of nonreceipt/ deposit of the compensation amount within the time granted.
(35) File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 05.04.2022 PO, MACT01 (Central),
Tis Hazari Courts, Delhi
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 19 of 21 FORM - XVII COMPLIANCE OF THE PROVISIONS OF THE SCHEME TO BE MENTIONED IN THE AWARD 1 Date of Accident 03.02.2020 2 Date of filing of FormI - First Accident Not Applicable being a case of Report (FAR) 2020 3 Date of delivery of FormII to the Not Applicable being a case of victim(s) 2020 4 Date of receipt of FormIII from the Not Applicable being a case of Driver 2020 5 Date of receipt of FormIV from the Not Applicable being a case of Owner 2020 6 Date of filing of the FormV - Interim Not Applicable being a case of Accident Report (IAR) 2020 7 Date of receipt of FormVIA and Form Not Applicable being a case of VIB from the Victim(s) 2020 8 Date of filing of FormVIII - Detail 19.10.2020 Accident Report (DAR) Whether there was any delay or deficiency on the part of the Investigating Officer? If so, whether any action/direction Without Insurance warranted?
10 Date of appointment of the Designated Officer by the Insurance Company Without Insurance 11 Whether the Designated Officer of the Insurance Company admitted his report Without Insurance within 30 days of the DAR?
12 Whether there was any delay or deficiency on the part of the Designated Officer of the Without Insurance Insurance Company? If so, whether any action/direction warranted?
13 Date of response of the claimant(s) to the Without Insurance offer of the Insurance Company.
Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 20 of 21 14 Date of award 05.04.2022 15 Whether the claimant(s) were directed to Yes open savings bank account(s) near their place of residence?
16 Date of order by which claimant(s) were 19.10.2020 directed to open Savings Bank Account(s) near his place of residence and produce PAN card and Aadhaar Card and the direction to the bank not to issue any cheque book/debit card to the claimant(s) and make an endorsement to this effect on the passbook(s).
17 Date on which the claimant(s) produced On 29.11.2021 the claimants the passbook of their savings bank produced their PAN Cards bearing account(s) near the place of their residence No. AQDPC1272B & alongwith the endorsement, PAN card and AVZPC8202C, Aadhar Cards and Aadhaar Card? copies of Bank PassBook without necessary endorsement.
18 Permanent residential address of the As per Award claimant(s).
19 Whether the claimant(s) savings bank Yes account(s) is near their place of residence?
20 Whether the Claimant(s) were examined at Yes, the Financial Statement of the the time of passing of the Award to petitioner was recored on ascertain his/their financial condition? 29.11.2021 (Dr. KAMINI LAU) PO, MACT01 (Central), Tis Hazari Courts, Delhi/ 05.04.2022 Manish Choudhary (deceasedthrough LRs) Vs. Joy P., MACT No. 477/2020 Award dated 05.04.2022 Page No. 21 of 21