Delhi District Court
Rajesh W/O, Deceased Man Singh ... vs Pramod Kumar (Royal Sundaram ) on 8 November, 2024
DLCT010025042020
Presented on : 19-02-2020
Registered on : 20-02-2020
Decided on : 08-11-2024
Duration : 04 Years 09
Months
IN THE TRIBUNAL OF PRESIDING OFFICER-MACT-02,
CENTRAL, TIS HAZARI COURTS DELHI,
PRESIDED OVER BY DR. PANKAJ SHARMA
MACT No. 257/20
1. RAJESH
W/o Late Sh. Man Singh
2. HARSHIT SINGH
S/o Late Sh. Man Singh
3. DIMPI SINGH
D/o Late Sh. Man Singh
4. TEJVEER SINGH
S/o Late Sh. Dal Chand
5. SMT. LEELAWATI
W/o Sh. Tejveer Singh
All R/o H.No.-3483, Arya Pura,
Sabzi Mandi,Delhi-110007.
Also at:
Ishan Pur, Bulandshahar,
UP-245405. ......Petitioners
VERSUS
1. PRAMOD KUMAR
S/o Sh. Banchanidhi Pradhan
R/o Balapunji Village,
Mangalapur Post Buguda,
Taluk Ganjam Distt. Odisha.(DRIVER).
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 1/25 Digitally
by PANKAJ
signed
PANKAJ SHARMA
SHARMA Date:
2024.11.08
13:24:11 +0530
2. DHANA SEKAR K
S/o Kannan S
R/o H.No. 66, Perumal Koil Steet,
Gudapakkam, Tamil Naidu. (OWNER).
3. ROYAL SUNDARAM GENERAL INSURANCE CO.
LTD.
Office at Vishranthi Melaram Towers,
No. 2/319, Rajiv Gandhi Salai (OMR),
Karapakkam. (INSURER).
....Respondents.
The particulars as per Form-XVII, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) are as under:-
1. Date of the accident 25/8/19
2. Date of filing of Form-I - First Accident Report N.A. (FAR)
3. Date of delivery of Form-II to the victim(s) N.A.
4. Date of receipt of Form-III from the Driver N.A.
5. Date of receipt of Form-IV from the Owner N.A.
6. Date of filing of the Form-V-Interim Accident N.A. Report (IAR)
7. Date of receipt of Form-VIA and Form-VIB N.A. from the Victim(s)
8. Date of filing of Form-VII - Detailed Accident N.A. Report (DAR)
9. Whether there was any delay or deficiency on the N.A. part of the Investigating Officer? If so, whether any action/ direction warranted?
10. Date of appointment of the Designated Officer N.A. by the Insurance Company
11. Whether the Designated Officer of the Insurance N.A. Company submitted his report within 30 days of the DAR?
12. Whether there was any delay or deficiency on the N.A. MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 2/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.11.08 13:24:17 +0530 part of the Designated officer of the Insurance Company? If so, whether any action/ direction warranted?
13. Date of response of the claimant(s) to the offer of N.A. the Insurance Company.
14. Date of the award 08/11/24
15. Whether the claimant (s) was/were directed to Yes open savings bank account(s) near their place of residence?
16. Date of order by which claimant(s) was/were 13/09/2023 directed to open savings bank account(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 claimant(s) and make an endorsement to this effect on the passbook.
17. Date on which the claimant(s) produced the 22/10/2024 passbook of their savings bank account near the place of their residence along with the endorsement, PAN Card and Adhaar Card?
18. Permanent Residential Address of the H.No.-3483, Claimant(s). Arya Pura, Sabzi Mandi, Delhi-11000 7 Also at:-
Ishan Pur, Bulandshahar, UP-245405
19. Whether the claimant(s) savings bank account(s) Yes is near his place of residence?
20. Whether the claimant(s) was/were examined at Yes the time of passing of the award to ascertain his/their financial condition?
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 3/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:23 +0530 AWARD/JUDGMENT FACTUAL POSITION & PLEADINGS
1. This petition U/s 166 r/w Section 140 of M.V. Act was filed on 20/02/2020 seeking compensation in respect of the death of one Sh. Man Singh S/o Sh. Tejveer Singh (hereinafter referred to as "deceased") due to a motor vehicular accident dated 25/08/2019. As per petition, on 20/05/2018 the deceased Sh. Man Singh met with fatal accident on 25/08/2019 at about 13.20 hrs at Sri Kalahasti Road, Tada Mandal, near Medimix factory SPSR Nellore District Andhra Pradesh when he was hit by a Mahindra & Mahindra Boleroa pick up Van ( Bolera Camper 128 SC XL) Good Carrier (LGV) bearing registration no. TN-20-BR-6201 (hereinafter referred to as "offending vehicle") being rashly and negligently driven by R-1, owned by R-2 and insured with R-3.. It is further stated that as a result of this accident the deceased Sh. Man Singh suffered severe head and body injuries and was taken Government Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the deceased succumbed to the injuries suffered in the accident on 25/08/2019 and postmortem was conducted on 26/08/2019 at Government Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the body was handed over to the relative of the deceased for shifting by Air to Delhi and then Ghar Mukteshwar (Hapur) for performance of his last rites on 27/08/2019. It is further stated that the accident took place due to rash and negligent act of the R-1/ driver who drove the vehicle at a very high speed, rashly,negligently and without caring for the rules of the traffic.As per petition, the deceased was 35 years old and was self employed and was earning Rs.2,00,000/- per month MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 4/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:28 +0530 from his vocation. It is further stated petitioners being the widow, 02 children and parents of the deceased were completely dependent upon the earnings of the deceased. Petitioners seek compensation to the tune of Rs. 2 Crore in respect of the untimely death of deceased in the abovesaid accident. An FIR no. 136/19 PS Tada SPSR, District Nellore, Andhra Pradesh U/s 279/304A IPC was registered in respect of the above accident. R-1 is the driver of the offending vehicle. R-2 is the owner of the offending vehicle and R-3 is the insurer of the same. Notice of this petition was issued to all the respondents.
2. R-1 and R-2 were proceeded exparte vide order dated 28/07/2022 passed by the Ld. Predecessor of this Tribunal.
3. R-3/ Insurance Company filed a Written Statement wherein it denied the contents of petition in toto. However, it is admitted that at the relevant time, the offending vehicle was covered by an insurance policy issued by itself.
ISSUES
4. Vide order dated 28/07/2022 the following issues were framed Ld. Predecessor of this this Tribunal :-
1.Whether the deceased Sh. Man Singh suffered fatal injuries in an accident that took place on 25/08/2019 at about 13.20 hrs involving vehicle bearing registration No. TN-20-
BR-6201 driven by the Respondent No.1 rashly and negligently, owned by the Respondent No. 2 and insured with the Respondent No.3?OPP
2.Whether the petitioners are entitled for compensation? If so, to what MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 5/25Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:34 +0530 amount and from whom?
3.Relief.
PETITIONERS' EVIDENCE
5. In support of their contentions, the petitioners examined Petitioner No. 1 Smt. Rajesh, wife of the deceased, as PW-1. PW-1, vide her affidavit Ex. PW1/A, deposed that the deceased who was her husband lost his life on 25/08/2019 due to an accident involving the offending vehicle. She further deposed that the accident took place due to the rashness and negligence of R-1. She further deposed that the deceased was 35 years old, was driver by profession and was earning a sum of Rs. 2,00,000/- per month from his vocation. She further deposed that the petitioners, being the widow, children and parents of the deceased, were completely dependent on the earnings of the deceased. She relied upon following documents :-
"Ex. PW-1/1 is copy of FIR No. 136/2019 dated 25.08.2019 u/s. 304A IPC registered by PS Tada, SPSR Nellor Distt (A.P.);
Ex. PW-1/2 is certified copy of chargesheet filed by PS Tada, SPSR Nellore Distt. (A.P.) w.r.t. FIR No. 139/2019;
Ex. PW-1/3 is true copy of Post Mortem Report/Certificate dated 26.08.2019 of Medical Officer, Community Health Centre, Sullerpet, SPSR Nellore Distt. (A.P.);
Ex. PW-1/4(OSR) is copy of No Objection Certificate dated 26.08.2019 issued by PS Tada, MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 6/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.11.08 13:24:39 +0530 SPSR Distt. Nellore for shifting the body to native place for cremation;
Ex. PW-1/5(OSR) is copy of embalming certificate dated 26.08.2019;
Ex. PW-1/6 (OSR) is copy of sealing certificate dated 27.08.2019;
Ex. PW-1/7 (OSR) is copy of Undertaker Certificate dated 27.08.2019;
Ex. PW-1/8(OSR) is copy of entry at cremation ground, Garhmuktehswar showing cremation of deceased on 27.08.2019;
Ex. PW-1/9 (OSR) is copy of death certificate of Man Singh; Ex. PW-1/10(OSR) is copy of Aadhar Card of Sh. Man Singh(deceased);
Ex. PW-1/11(OSR) is copy of PAN Card of Sh. Man Singh(deceased); Ex. PW-1/12 (OSR) is copy of certificate of passing Intermediate Examination by Sh. Man Singh(deceased);
Ex. PW-1/13 (OSR) is copy of marksheet of Diploma in Mechanical Engineering passed by Sh. Man Singh (deceased);
Ex. PW-1/14 is photocopy of certificate of Provisional Registration for GST; Ex. PW-1/15 is GST return from 01.01.2017 to 31.03.2017 of M/s. GMG Kitchen Solution of which MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 7/25signed by Digitally PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:46 +0530 Sh. Man Singh(deceased) was propritor;
Ex. PW-1/16 is printout of income tax return of Sh. Man Singh(deceased);
Ex. PW-1/17 is certified copy of registration and insurance details of offending vehicle involved in accident; and Ex. PW-1/18(OSR)(colly) is copy of Aadhaar Cards of petitioners. 5.1 She was cross-examined by Ld. Counsel for respondent no.
3/ Insurance Company. In her cross-examination she deposed that she has studied upto 12th class. She further deposed that she is not the eye witness to the accident and she is aware about the business conducted by her husband and he was having a business by the name of Kitchen Solutions and there was an office at Karawal Nagar. She denied the suggestion that there was no such office at Karawal Nagar. She further denied the suggestion that deceased was not hit by Mahendra Bolera Pick up Van bearing registration no. TN-20BR-6201. She further denied the suggestion that the said vehicle was not driven rashly and negligently by respondent no. 1 / driver. She further denied the suggestion that the vehicle was not driven by respondent no. 1 under the supervision of respondent no. 2/owner. She further denied the suggestion that the factory is still running and correct facts are not being disclosed herein. She further denied the suggestion that the documents filed by her are false and fabricated. It is wrong to suggest that I am deposing falsely.
5.2 Petitioners further examined one Sh. Amit Kumar, Tax Assistant, from Income Tax Department, Ministry of MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages Digitally No. 8/25 by PANKAJ signed PANKAJ SHARMA SHARMA Date:
2024.11.08 13:24:51 +0530 Finance, Civic Centre, New Delhi as PW-2. He proved the summoned record i.e. ITR of deceased Man Singh for the assessment year 2017-18 & 2018-19 in respect of PAN No. DBRPS4425Q vide Ex.e Ex. PW-2/1 & Ex.PW-2/2 respectively. He was cross-examined by Ld. Counsel for Respondent No. 3/Insurance Company. In his cross-examination he deposed that he has no knowledge regarding the financial details of this case. He denied the suggestion that the documents Ex. PW-2/1 & Ex. PW-2/2 are false and fabricated.
5.3 Petitioner's evidence was then closed.
6. Respondents did not lead any evidence in their defence.
FINDINGS
7. Oral submissions were advanced by Ld. Counsel for the parties..
8. I have perused the record and my issue wise findings are as under:-
ISSUE NO. 1"Whether the deceased Sh. Man Singh suffered fatal injuries in an accident that took place on 25/08/2019 at about 13.20 hrs involving vehicle bearing registration No. TN-20-BR-6201 driven by the Respondent No.1 rashly and negligently, owned by the Respondent No. 2 and insured with the Respondent No.3?OPP''
9. It is well settled that the procedure followed for proceedings conducted by an accident tribunal is similar to that followed by a civil court and in civil matters the facts are MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 9/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:24:57 +0530 required to be established by preponderance of probabilities only and not by strict rules of evidence or beyond reasonable doubts as are required in a criminal prosecution. The burden of proof in a civil case is never as heavy as that is required in a criminal case, but in a claim petition under the Motor Vehicles Act, this burden is infact even lesser than that in a civil case. Reference in this regard can be made to the propositions of law laid down by the Hon'ble Supreme Court in the case of Bimla Devi and others Vs. Himachal Road Transport Corporation and others, reported in (2009) 13 SC 530, which were reiterated in the subsequent judgment in the case of Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096 (Civil Appeal No.1082 of 2011) and also recently in another case Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303.
10. In order to prove the present issue, the petitioners have examined PW-1 Smt. Rajesh,wife of the deceased as PW-1 deposed vide her affidavit Ex. PW1/A, at the relevant date, time and place, the deceased Sh. Man Singh met with fatal accident on 25/08/2019 at about 13.20 hrs at Sri Kalahasti Road, Tada Mandal, near Medimix factory SPSR Nellore District Andhra Pradesh when he was hit by a Mahindra & Mahindra Boleroa pick up Van ( Bolera Camper 128 SC XL) Good Carrier (LGV) bearing registration no. TN-20-BR-6201 (hereinafter referred to as "offending vehicle") being rashly and negligently driven by R-1, owned by R-2 and insured with R-3.. It is further stated that as a result of this accident the deceased Sh. Man Singh suffered severe head and body injuries and was taken Government MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. Digitally10/25 by PANKAJ signed PANKAJ SHARMA SHARMA Date:
2024.11.08 13:25:05 +0530 Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the deceased succumbed to the injuries suffered in the accident on 25/08/2019 and postmortem was conducted on 26/08/2019 at Government Hospital Sullerpet, Sri Potti Sri Ramulu Nellore District, Andhra Pradesh and the body was handed over to the relative of the deceased for shifting by Air to Delhi and then Ghar Mukteshwar (Hapur) for performance of his last rites on 27/08/2019. It is further stated that the accident took place due to rash and negligent act of the R-1/ driver who drove the vehicle at a very high speed, rashly,negligently and without caring for the rules of the traffic.As per petition, the deceased was 35 years old and was self employed and was earning Rs.2,00,000/- per month from his vocation. It is further stated petitioners being the widow, 02 children and parents of the deceased were completely dependent upon the earnings of the deceased. Petitioners seek compensation to the tune of Rs. 2 Crore in respect of the untimely death of deceased in the abovesaid accident. She was cross-examined by Ld. Counsel for R-3/ Insurance Company. Nothing favourable to the respondents came in the cross examination of this witness. As such, the testimony of PW-1 is reliable and trustworthy.
11. It is not denied that R-1 was charge-sheeted for the offences punishable under Sections 304A IPC in the above FIR, which in itself is a strong circumstance to support the above oral testimony of PW-1 and the case of petitioners on this issue. The certified copies of FIR, charge-sheet and Postmortem Report of deceased also corroborate the testimony of PW-1.
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 11/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:25:17 +0530
12. Besides the above, R-1 himself was the best witness who could have stepped into the witness box to challenge the depositions being made by PW1 regarding the above accident and its manner etc., but he has not done so. Therefore, an adverse inference on this aspect is also required to be drawn against the respondents in view of the law laid down in case of Cholamandalam M.S. General Insurance Company Ltd. Vs. Kamlesh, reported in 2009 (3) AD (Delhi) 310.
13. In view of the above, it could be safely assumed that at the relevant time the deceased had died due to the rash and negligent driving of the offending vehicle being driven by R-1.
14. Having ruled so, this Tribunal now proceeds to assess the wrongful act, neglect or default of R-1, if any, in driving the offending vehicle at the relevant time. Admittedly, R-1 has not explained the circumstances under which his vehicle (i.e. the offending vehicle) hit the deceased at the relevant time. In the absence of any evidence regarding any mechanical defect in the offending vehicle or any material depicting any negligent/sudden act or omission on the part of the deceased, the only inference possible in the given facts and circumstances is that of neglect and default on the part of R-1 in driving the offending vehicle at the relevant time. In view of the above discussion, this Tribunal is constrained to hold R-1 guilty of gross neglect and default in driving the offending vehicle at the relevant time.
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 12/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.11.08 13:25:35 +0530
15. In view of the contents of the FIR as well as the postmortem report pertaining to the deceased placed on record by the petitioners, no dispute is left regarding the death of the deceased on account of injuries sustained by him in the above accident.
16. In view of the above discussion, this Tribunal holds that the deceased lost his life on account of neglect and default of R-1 while driving the offending vehicle at the relevant time. This issue thus stands decided against the respondents and in favour of the petitioners.
ISSUE NO. 2"Whether the petitioners are entitled to any compensation, if so, to what amount and from whom?"
17. As this Tribunal has already held that R1 was responsible for the death of the deceased due to his neglect and default in driving the offending vehicle at the relevant time, therefore, the petitioners have become entitled to be compensated for death of deceased in the above accident, but computation of compensation and liability to pay the same are required to be decided.
COMPENSATION
18. The compensation to which the petitioners are entitled shall be under the following heads:-
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 13/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:25:40 +0530
(i) LOSS OF DEPENDENCY
19. In this regard, the petitioners have examined Smt. Rajesh wife of the deceased as PW-1. PW-1 has deposed that at the relevant time, the deceased was 35 years old and was self employed and was earning Rs. 2,00,000/- per month from his vocation. In order to prove his income the petitioner examined PW-2 Sh. Amit Kumar, Income Tax Assistant from Income Tax Department. He proved the ITRs of the deceased for the A.Y. 2017-18 & 2018-19 vide Ex. PW-2/1 & Ex.PW-2/2 respectively. Accordingly, for the purpose of computation of compensation amount the ITR of the deceased for the A.Y. 2018-2019 is considered. As per ITR for the A.Y. 2018-2019, the net total annual income of the petitioner after deducting income tax is Rs.4,06,455/- and same is considered for computation of compensation amount.
20. Petitioners have placed on record the copy of Aadhar Card of deceased Ex. PW1/10. As per said document the date of birth of deceased was 01/01/1984. The date of accident is 25/08/2019. Apparently, the age of deceased was 35 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '16' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 14/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.11.08 13:25:46 +0530
21. Coming to the dependency of deceased at the time of accident, it may be observed that the deceased is survived by his wife, children and parents. Accordingly, all are considered to be dependent upon the deceased.
22. Irrespective of this, one fourth of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 35 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also held entitled to an addition of 50% of the above amount of his earnings towards future prospects.
23. Thus, the loss of dependency qua the deceased in the present case comes to Rs. 73,16,190/- (Rs.4,06,455/- X 150/100 X 3/4 X 16). This amount is awarded to the petitioners under this head.
(ii) COMPENSATION UNDER NON-PECUNIARY HEADS
24. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages Digitally No. 15/25 signed by PANKAJ PANKAJ SHARMA SHARMA 13:25:53 +0530 Date: 2024.11.08 Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Spousal Consortium : Rs. 44,000/-
Filial Consortium : Rs. 88,000/- (Rs. 44,000/- X 2) Parental Consortium : Rs. 88,000/- (Rs. 44,000/- X 2)
25. Hence, the petitioners are awarded a total sum of Rs. 2,60,000/-(Rs.20,000/- + 20,000/- + Rs. 2,20,000/- ) under this head.
ISSUE NO.3/RELIEF
26. The petitioners are thus awarded a sum of Rs.75,76,190/-(Rupees Seventy Five Lakhs Seventy Six Thousand One Hundred and Ninety Only) (Rs.73,16,190/- + Rs.2,60,000/-) along with interest @ 8% per annum from the date of filing of petition i.e.20/02/2020. Since no interim compensation has been awarded, therefore no deduction is applicable.
RELEASE
27. On 22/10/2024, statement of petitioners no. 1, 4 & 5 qua financial needs and requirements was recorded in terms of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 32 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. As per their statements, their household expenditure is Rs.60,000/-, Rs. 30,000/- and Rs. 30,000/- per month respectively. Photocopies MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 16/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:25:57 +0530 of the passbooks of the bank account of the petitioners maintained with SBI, Branch : Tis Hazari Courts, Delhi were also placed on record at that time apart from two coloured photographs of the petitioner.
27.1 Out of the awarded amount, the Petitioner No. 1 is awarded a sum of Rs.56,00,000/- (Rupees Fifty Six Lakhs Only) is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 280 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 280 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in her savings/MACT Claims Bank Account bearing No. 42870992239, IFSC Code - SBIN0000726, maintained with SBI, Branch : Tis Hazari Courts, Delhi (PAN No.BYAPR5252C) on monthly basis. The remaining amount of Rs.6,73,086/-(Rupees Six Lakhs Seventy Three Thousand and Eighty Six Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioner No. 1.
27.2 Rs.10,45,514/- each be kept in FDRs in the name of petitioners No. 2 to 3 till they attain majority with cumulative interest. On attaining majority, the bank shall release the interest portion to petitioners No. 2 to 3 by transferring the same to the the savings/MACT Claims Bank MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 17/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:02 +0530 Account of Petitioner No. 2 bearing No. 42970560432, IFSC Code - SBIN0000726 AND in the savings/MACT Claims Bank Account of Petitioner No. 3 bearing No. 42970668573, IFSC Code - SBIN0000726, both the accounts maintained with SBI, Branch : Tis Hazari Courts, Delhi on monthly basis and the principal amount of Rs. 10,45,514/- each be kept in 104 FDRs of Rs. 10,000/- each for a period of 1 month to 104 months with cumulative interest in the name of Petitioners No. 2 to 3 respectively.
27.3 Out of the awarded amount, the Petitioners No. 4 & 5 are awarded a sum of Rs.8,00,000/- each (Rupees Eight Lakhs Only) is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 40 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 40 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in the savings/MACT Claims Bank Account of Petitioner No. 4 bearing No. 42870454337, IFSC Code - SBIN0000726 (PAN No.LRZPS5495L) AND in the savings/MACT Claims Bank Account of Petitioner No. 5 bearing No. 42870455422, IFSC Code - SBIN0000726, both the accounts maintained with SBI, Branch : Tis Hazari Courts, Delhi on monthly basis. The remaining amount of Rs.2,45,514/- each (Rupees Two Lakhs Forty Five Thousand Five Hundred and Fourteen Only) is also directed to be released into her above MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 18/25 PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:10 +0530 said account, which can be withdrawn and utilized by the Petitioner No. 4 and 5 respectively.
28. The Bank(s) hall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the petitioner(s) i.e. the savings bank account(s) of the petitioner(s) shall be an individual savings bank account(s) and not a joint account(s). The original fixed deposit shall be retained by the SBI, Branch Tis Hazari Courts, Delhi in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by the bank to the petitioner(s). The maturity amounts of the FDR(s) be credit by Electronic Clearing System (ECS) in the savings bank account of the petitioner(s) near the place of their residence.No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of this Tribunal.
LIABILITY
29. As already stated above, R-1 being the driver and principal tortfeasor and R-2 being owner of the offending vehicle, and also being vicariously liable for the acts of R-1, are jointly and severally liable to pay the awarded amount of compensation to petitioner. However, since the offending vehicle was insured with R-3 at the time of accident, therefore, R-3/ Insurance Company is liable to indemnify R-2 in respect of above liability. As such R-3 is directed to deposit the above award amount within 30 days from the date of this Award by way of NEFT or RTGS mode in the account of this Tribunal MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 19/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:15 +0530 maintained with SBI, Tis Hazari Courts, Delhi (account holder's name-Motor Accident Claims Tribunal 02 Central, A/C No. 40743576901, IFSC Code SBIN0000726) under intimation to the petitioners and this Tribunal in terms of the format for remittance of compensation as provided in Divisional Manager Vs. Rajesh, 2016 SCC Online Mad. 1913 (and reiterated by Hon'ble Supreme Court in the orders dated 16.03.2021 and 16.11.2021 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors) along with interest @ 8% per annum till the deposit of the compensation as awarded, failing which it shall be liable to pay interest at the rate of 12% per annum for the period of delay.
30. A digital copy of this award be forwarded to the parties free of cost. Ahlmad is directed to send the copy of the award to Ld. Metropolitan Magistrate concerned and Delhi Legal Services Authority in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial nos. 39, 40 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. Further Nazir is directed to maintain the record in Form XVIII in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 41 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A).
31. Ahlmad is directed to e-mail an authenticated copy of the award to the insurer as directed by the Hon'ble Supreme Court of India in WP (Civil) No. 534/2020 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 20/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:20 +0530 Ors. on 16.03.2021. Ahlmad shall also e-mail an authenticated copy of the award to Branch Manager, SBI, Tis Hazari Courts for information.
32. Ahlmad is further directed to comply with the directions passed by the Hon'ble High Court of Delhi in MAC APP No. 10/2021 titled as New India Assurance Company Ltd. Vs. Sangeeta Vaid & Ors., date of decision : 06.01.2021 regarding digitisation of the records.
File be consigned to Record Room.
A separate file be prepared for compliance report and put up the same on 09.12.2024. PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:25 +0530 Announced in the open court (DR. PANKAJ SHARMA On this 08.11.2024 Judge, MACT-02 (CENTRAL) Delhi/08/11/2024 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 25/08/2019
2. Name of the deceased : Sh. Man Singh
3. Age of the deceased : 34 years
4. Occupation of the deceased : Self employed
5. Income of the deceased : As per ITRs
6. Name, age and relationship of legal representative of deceased:-
MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No.signed Digitally by PANKAJ 21/25 PANKAJ SHARMA Date:
SHARMA 2024.11.08 13:26:40 +0530 S. No. Name Age Relation (1) Smt. Rajesh 37 Years Wife of the deceased (2) Harshit Singh 13 Years Son of the deceased (3) Dimpi Singh 09 Years Daughter of the deceased (4) Tejveer Singh 59 Years Father of the deceased (5) Leelawati 58 Years Mother of the deceased Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Income of the Rs.4,06,455/- per annum deceased(A)
8. Add-Future Prospects 50% (B)
9. Less-Personal expenses One fourth deduction has MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 22/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:26:46 +0530 of the deceased(C) been done
10. Annual loss of Rs.4,57,261.875/-
dependency[(A+B)-
C=D]
11. Annual loss of --do---
dependency (Dx12)
12. Multiplier(E) '16'
13. Total loss of dependency Rs.73,16,190/-
(Dx12xE= F)
14. Medical Expenses(G) NIL
15. Compensation for loss Rs.2,20,000/-
of consortium(H)
16. Compensation for loss NIL of love and affection (I)
17. Compensation for loss Rs. 20,000/-
of estate(J)
18. Compensation towards Rs. 20,000/-
funeral expenses(K) MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. Digitally 23/25 signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.11.08 13:26:53 +0530
19.
TOTAL Rs.75,76,190/-
COMPENSATION(F+
G+H+I+J+K=L)
20.
RATE OF INTEREST 8%
AWARDED
21.
Interest amount up to the Rs.28,78,952/- (rounded off) date of award(M)
22. Total amount including Rs.1,04,55,142/- interest(L + M)
23. Award amount released P-1 : Rs.6,73,086/-
P-4 : Rs.2,45,514/-
P-5 : Rs.2,45,514- MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 24/25 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 13:27:00 +0530
24. Award amount kept in As per award FDRs
25. Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 09/12/2024 compliance of the award CONCLUSION:-
1. As per award dated 08.11.2024.
2. A separate file was ordered to be prepared by the Nazir with directions to put up the same on 09.12.2024.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2024.11.08 (DR. PANKAJ13:27:04 SHARMA)+0530 PO MACT-02 (CENTRAL) DELHI/08/11/2024 MACT No. 257/20 Rajesh & Anrs. Vs. Pramod Kumar & Ors. Pages No. 25/25 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date: 2024.11.08 13:27:08 +0530