Delhi District Court
45312 Ramesh vs Hansa Ram Page 1 Of 14 on 22 January, 2019
45312 Ramesh vs Hansa Ram Page 1 of 14
IN THE COURT OF SH. AMIT BANSAL : JUDGE : MOTOR ACCIDENTS
CLAIMS TRIBUNAL :NORTH WEST DISTRICT: ROHINI COURTS: DELHI
New No. 4997216
MACT PETITION No. : 45312
UNIQUE ID No. : DLNW010006572012
Sh. Ramesh S/o Sh. Deep Chand
R/o H. no. 818, Gali No. 3, DBlock, Nathupura, Delhi
Also at H. No. 112, Mandhauli, Tehsil Sadar, District Rampur, UP
........ Petitioner
Vs.
1. Sh. Hansa Ram S/o Sh. Thakur Singh
R/o Village Mukhnot, Mahendergarh, Haryana.
....... Driver /R1
2. Manager,
Delhi Transport Corporation,
Rajghat Depot, Delhi.
.......Owner /R2
3. United India Insurance Co. Ltd.
Barakhamba Road, Delhi.
..... Insurance co/R3
Other details
DATE OF INSTITUTION : 09.11.2012
DATE OF RESERVING JUDGMENT : 18.01.2019
DATE OF PRONOUNCEMENT : 22.01.2019
FORM - V
1. COMPLIANCE OF THE PROVISIONS OF THE MODIFIED CLAIMS
TRIBUNAL AGREED PROCEDURE TO BE MENTIONED IN THE
AWARD AS PER FORMAT REFERRED IN THE ORDER PASSED BY
THE HON'BLE DELHI HIGH COURT IN FAO 842/2003 RAJESH
TYAGI Vs. JAIBIR SINGH & ORS. VIDE ORDER DATED 07.12.2018.
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1. Date of the accident 27.09.2012
2. Date of intimation of the accident by the 09.11.2012
investigating officer to the Claims Tribunal
(Clause 2)
3. Date of intimation of the accident by the 09.11.2012
investigating officer to the insurance company.
(Clause 2)
4. Date of filing of Report under section 173 Not mentioned in the
Cr.P.C. before the Metropolitan Magistrate DAR
(Clause 10)
5. Date of filing of Detailed Accident Information 09.11.2012
Report (DAR) by the investigating Officer before
Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 09.11.2012
Company (Clause 11)
7. Date of service of DAR on the claimant (s). 09.11.2012
(Clause 11)
8. Whether DAR was complete in all respects? Yes
(Clause 16)
9. If not, whether deficiencies in the DAR removed N/A
later on?
10. Whether the police has verified the documents Yes
filed with DAR? (Clause 4)
11. Whether there was any delay or deficiency on No
the part of the Investigating Officer? If so,
whether any action/direction warranted?
12. Date of appointment of the Designated Officer 09.11.2012
by the insurance Company. (Clause20)
13. Name, address and contact number of the Ms.Umesh Kaushal,
Designated Officer of the Insurance Company. Advocate
(Clause 20)
14. Whether the designated Officer of the Insurance No
Company submitted his report within 30 days of
the DAR? (Clause 20)Without insurance
15. Whether the insurance company admitted the No
liability? If so, whether the Designated Officer of
the insurance company fairly computed the
compensation in accordance with law. (Clause
23)
16. Whether there was any delay or deficiency on N/A
the part of the Designated Officer of the
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Insurance Company? If so, whether any
action/direction warranted?
17. Date of response of the claimant (s) to the offer Legal offer filed but
of the Insurance Company .(Clause 24) not accepted.
18. Date of the Award 22.01.2019
19. Whether the award was passed with the consent No
of the parties? (Clause 22)
20. Whether the claimant(s) were directed to open Yes
saving bank account(s) near their place of
residence? (Clause 18)
21. Date of order by which claimant(s) were 18.04.2018
directed to open saving bank account (s) near
his place of residence and produce PAN Card
and Aadhar 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(s). (Clause 18)
22. Date on which the claimant (s) produced the 07.12.2018
passbook of their saving bank account near the
place of their residence along with the
endorsement, PAN Card and Aadhar Card?
(Clause 18)
23. Permanent Residential Address of the As mentioned above
Claimant(s) (Clause 27)
24. Details of saving bank account(s) of the Petitioner Ramesh
claimant(s) and the address of the bank with savings bank a/c no.
IFSC Code (Clause 27) 90332250010277
with Syndicate Bank,
Outram Lane, GTB
Nagar Branch, Delhi.
IFSC : SYNB009033
25. Whether the claimant(s) saving bank account(s) Yes
is near his place of residence? (Clause 27)
26. Whether the claimant(s) were examined at the Yes
time of passing of the award to ascertain
his/their financial condition. (Clause 27)
27. Account number/CIF No, MICR number, IFSC 86143654123,
Code, name and branch of the bank of the 110002427,
Claims Tribunal in which the award amount is to SBIN0010323, SBI,
be deposited/transferred. (in terms of order Rohini Courts, Delhi
dated 18.01.2018 of Hon'ble Delhi High Court in
FAO 842/2003 Rajesh Tyagi vs Jaibir Singh.
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JUDGMENT
1. The Detailed Accident Report (hereinafter referred to as DAR) was filed in this case on 09.11.2012 with reference to FIR No. 196/12 U/s 279/337 IPC PS Swaroop Nagar in respect of grievous hurt sustained by the petitioner Sh. Ramesh in a road accident on 27.09.12 at about 4:20 pm, main Nathupura Burari road near Hanuman Mandir, Delhi. The ld. Predecessor of this court vide order dated 09.11.2012 treated the same as petition u/s 166(4) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V.Act').
2. Brief facts of the case as mentioned in the DAR/file are that on 27.09.2012 at about 4:20 pm, when petitioner was going with his Gol gappe Reheri to Darshan Bus stand from Nathupura mod, then in the meanwhile near Nathupura Burari road, Hanuman Mandir, a DTC Bus bearing no. DL1PC3101 (hereinafter referred to as "offending vehicle") which was being driven by its driver rashly and negligently hit the petitioner from back side. Due to said impact, the petitioner fell down on road and sustained grievous injuries. It has been stated that petitioner was admitted in BJRM hospital, Delhi where his MLC no. 47868/12 was prepared. The FIR no.196/12 PS Swaroop Nagar was registered u/s 279/337 IPC.
3. Sh. Hansa Ram/R1/driver and DTC/R2/Owner of the offending vehicle have not filed any written statement.
4. M/s United India Insurance Co/R3 has filed its legal offer of Rs. 47,751/ which was not accepted by the petitioner. It was admitted that offending vehicle was insured with it in favour of R2/DTC vide policy no. 0411003111P001736292 valid from 15.12.2011 to 14.12.2012 i.e. covering the date of accident 27.09.2012.
5. From the pleadings of the parties, the issues were framed by learned Predecessor of this court vide order dated 09.09.2014 as under :
1. Whether on 27.09.2012 at about 4:20 pm at main Nathu Pura, 45312 Ramesh vs Hansa Ram Page 4 of 14 45312 Ramesh vs Hansa Ram Page 5 of 14 Burari Road near Hanuman Mandir, PS Swaroop Nagar, Delhi one DTC bearing registration no. DL1PC3101, which was being driven rashly and negligently by Hansa Ram hit Sh. Ramesh and caused injuries to him?
2. Whether petitioner is entitled to compensation, if so, to what amount and from whom?
3. Relief.
The petitioner/injured in support of his case has examined himself as PW1.
The record would show that respondents have not examined any witness in support of their case.
6. I have heard arguments addressed on behalf of ld counsel for petitioner and ld counsel for insurance co/R3 and have carefully perused the record including the written argument filed by ld counsel for R3. Now, I proceed to discuss the issues in the succeeding paragraphs.
7. Issue wise findings are as under: Issue No.1 The onus of proving this issue beyond preponderance of probabilities is on the petitioner.
The petitioner/injured has examined himself as PW1. He has filed his evidence by way of affidavit as Ex. PW1/A. He has proved the medical bills as Ex. PW1/1 (colly), bill of Xray as Ex. PW1/2, his voting card as Ex. PW1/3, his aadhar card as Ex. PW1/4 and entire DAR as Ex. PW1/5.
He deposed in his evidence by way of affidavit Ex. PW1/A that when on 27.09.2012 at about 4:20 pm, he was going with his Gol gappe Reheri to Darshan Bus stand from Nathupura Burari road, Hanuman Mandir, then a DTC Bus bearing no. DL1PC3101 ( "offending vehicle") which was being driven by its driver rashly and negligently hit him from back side. He deposed that due to said impact, he fell down on road and sustained grievous injuries. He deposed that 45312 Ramesh vs Hansa Ram Page 5 of 14 45312 Ramesh vs Hansa Ram Page 6 of 14 he was admitted in BJRM hospital, Delhi where his MLC no. 47868/12 was prepared.
PW1 was not cross examined by respondents despite opportunity given and his cross examination by respondents was nil, opportunity given. In the said circumstances, R1 shall be deemed to admit the above said testimony of PW1 to the effect that the case accident was caused on the above said date, time and place due to the rash and negligent driving of the offending vehicle by R1 whereby he sustained injuries.
In the facts and circumstances, the copies of FIR and charge sheet u/s 279/338 IPC against respondent no. 1 can also be looked into to determine the negligence on the part of respondent no. 1.
There is thus nothing on record to suggest even remotely that the case accident was not caused due to negligence driving of offending vehicle by R1. Accordingly, in view of the totality of facts and circumstances of the case, on the basis of material as placed on record, unrebutted testimony of PW1 and in view of above discussion, there is no reason to disbelieve the version of the petitioner and hence, Issue No.1 is decided in favour of the petitioner and against the respondents to the effect that the case accident was caused due to rash and negligent driving of the offending vehicle by R1 and that the petitioner suffered injuries in the said accident in question due to it.
Issue no.1 is decided in favour of petitioner and against the respondents to the effect that the case accident was caused at the above said date, time and place due to the rash and negligent driving of R1 of the offending vehicle whereby petitioner sustained injuries.
8. Issue no. 2.
In view of findings on issue no.1, the petitioner is entitled to compensation.
Petitioner has filed his evidence by way of affidavit as Ex. PW1/A. 45312 Ramesh vs Hansa Ram Page 6 of 14 45312 Ramesh vs Hansa Ram Page 7 of 14 He deposed that due to the accident, he sustained grievous injuries i.e. left hand fracture, stomach pain, abrasion, swelling etc. He deposed that he was admitted in BJRM Hospital wherein his MLC No. 47868/12 was prepared.
Accordingly, the petitioner is entitled to following compensation: A Medical Expenses.
The petitioner has proved his medical bills as Ex. PW1/1(colly) and Ex. PW1/2 (colly. The total of said bills comes to Rs. 30,395/. It is pertinent to note that the testimony of PW1/petitioner has gone unrebutted as the respondents need not cross examined him despite opportunity and thus the respondents shall be deemed to admit the above said testimony of PW1. Therefore, Rs. 30,395/ are granted to the petitioner under this head. B. Special Diet and conveyance Petitioner has neither examined any witness to prove the expenditure on special diet and conveyance nor proved any bill in that regard. As per MLC, petitioner suffered grievous injuries. The bill dated 10.10.2012 of Bone Care Clinic which is part of Ex. PW1/2 (colly) would show that the petitioner suffered fracture of L/E radius (It). In view of above said discussion and taking the probable period of treatment for about 3 months, a lump sum amount of Rs. 25,000/ is granted under the said head. C. Attendant Charges Petitioner has neither examined any witness to prove the expenditure on attendant charges nor proved any bill in that regard. As per MLC, petitioner suffered grievous injuries. The bill dated 10.10.2012 of Bone Care Clinic which is part of Ex. PW1/2 (colly) would show that the petitioner suffered fracture of L/E radius (It). Keeping in view of the above said injuries, it is evident that the petitioner must have required the services of an attendant. In view of above said discussion and taking the probable period of treatment for about 3 months, a lump sum amount of Rs. 25,000/ is granted under the said head.
45312 Ramesh vs Hansa Ram Page 7 of 14 45312 Ramesh vs Hansa Ram Page 8 of 14D. Pain and Suffering The MLC of petitioner shows that he sustained grievous injuries. The bill dated 10.10.2012 of Bone Care Clinic which is part of Ex. PW1/2 (colly) would show that the petitioner suffered fracture of L/E radius (It). In view of the said discussion, above mentioned injuries suffered by him and taking the probable period of treatment for about 3 months, a lump sum amount of Rs. 40,000/ is granted under the said head. E. Loss of Income Petitioner/PW1 deposed that he was doing work of selling pani puri on rehri and was earning Rs. 14,000/ per month.
Petitioner has not examined any witness to prove his employment details and monthly income.
Further, petitioner has not placed on record any of his educational certificate.
In view of above said discussion, it would be appropriate to assess the income of the deceased on the basis of minimum wages of an unskilled worker as fixed by the Govt. of NCT of Delhi under the Minimum Wages Act. The minimum wages of an unskilled worker at the relevant time on the date of accident was Rs. 7020/ p.m. Accordingly, it would be reasonable and just to consider the income of petitioner as Rs. 7020/ per month on the date of accident in question.
As discussed above, his monthly income has been taken as Rs. 7020/ p.m at the time of accident. As per record, the probable period of treatment of petitioner was about 3 months. Therefore, loss of income of Rs. 21,060/ (Rs. 7020/x3 months) is granted for 3 months.
9. Accordingly, the over all compensation which is to be awarded to the petitioner thus comes to Rs. 1,41,455/ which is tabulated as below: Sl. No Compensation Award amount
1. Pain and suffering Rs. 40,000/ 2 Special diet & Conveyance Rs. 25,000/
3. Attendant Charges Rs 25,000/ 45312 Ramesh vs Hansa Ram Page 8 of 14 45312 Ramesh vs Hansa Ram Page 9 of 14
4. Medical Expenses Rs. 30,395/
5. Loss of income Rs. 21,060/ Total Rs. 1,41,455/ Rounded of to Rs. 1,41,500/ ( Rupees One Lakh Forty One Thousand Five hundred only) The claimant/petitioner is also entitled to interest @ 9% per annum from the date of filing of DAR/petition i.e. w.e.f 09.11.2012 till realisation of the compensation amount. The said interest @ 9% p.a. was awarded on the award amount by the Hon'ble Apex Court in case Municipal Corporation of Delhi vs. Association of Victims of Uphaar Tragedy, 2012 ACJ 48 (SC) .
The amount of interim award, if any, shall however be deducted from the above amount, if the same has already been paid to the petitioner.
10. Liability In the case in hand, the United India Insurance co./R3 has not been able to show anything on record that R1 who was the driver of the offending vehicle was not having any valid driving licence to drive the offending vehicle or that the permit of offending vehicle was not valid and as per settled law. Since the offending vehicle was duly insured with the insurance company/R3, hence R3 is liable to pay the entire compensation amount to the petitioner as per law.
Accordingly, in the case in hand, in terms of order dated 16.05.2017 of Hon'ble High Court by Hon'ble Mr. Justice J.R. Midha in case of Rajesh Tyagi Vs. Jaibir Singh and Ors., United India Insurance co./R3 is directed to deposit the awarded amount of Rs. 1,41,500/ within 30 days from today within the jurisdiction of this Tribunal i.e. State Bank of India, Rohini Courts Branch, Delhi alongwith interest at the rate of 9 % per annum from the date of filing of the petition till notice of deposition of the awarded amount to be given by R3 to the petitioner and his advocate and to show or deposit the receipt of the acknowledgement with the Nazir as per rules. R3 is 45312 Ramesh vs Hansa Ram Page 9 of 14 45312 Ramesh vs Hansa Ram Page 10 of 14 further directed to deposit the awarded amount in the above said bank by means of cheque drawn in the name of above said bank alongwith the name of the claimant mentioned therein. The said bank is further directed to keep the said amount in fixed deposit in its own name till the claimant approaches the bank for disbursement, so that the awarded amount starts earning interest from the date of clearance of the cheque.
APPORTIONMENT
11. Statement of petitioner in terms of clause 29 MCTAP was recorded. I have heard the petitioner and ld. counsel for the petitioner/claimant regarding financial needs of the injured/petitioner and in view of the judgment in the case of General Manager, Kerala State Road Transport Corporation Vs. Susamma Thomas & Others, 1994 (2) SC, 1631, for appropriate investments to safeguard the amount from being frittered away by the beneficiaries owing to their ignorance, illiteracy and being susceptible to exploitation, following arrangements are hereby ordered: Further, an amount of Rs. 50,000/ be released to petitioner in cash in his saving bank a/c no. 90332250010277 with Syndicate Bank, Outram Lane, GTB Nagar branch, Delhi i.e. the branch near his place of residence as mentioned in his statement recorded under clause 27 MCTAP with necessary endorsement regarding no cheque book and debit card in terms of orders of Hon'ble Mr. Justice J.R. Midha in FAO No. 842/2013 dated 15.12.2017 and 18.01.2018 and remaining amount be kept in 24 FDRs of equal amount for a period of one month to 24 months respectively with cumulative interest without the facility of advance, loan and premature withdrawal without the prior permission of the Tribunal.
It shall be subject to the following further conditions and directions in terms of order dated 07.12.2018 of Hon'ble Mr. Justice J.R. Midha in case of Rajesh Tyagi vs Jaibir Singh, FAO 842/2003 :
(a) The bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the victim i.e. the saving bank account(s) of the claimant(s) shall be individual savings 45312 Ramesh vs Hansa Ram Page 10 of 14 45312 Ramesh vs Hansa Ram Page 11 of 14 account(s) and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant/(s) near the place of their residence.
(d) The maturity amount of the FDR(s) be credited by Electronic Clearing System (ECS) in the saving bank account of the claimant(s) near the place of their residence i.e. above said a/c.
(e) No loan, advance or withdrawal or premature discharge be allowed on the fixed deposits without permission of the court.
(f) The concerned Bank shall not to issue any cheque book and/or debit card to claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card(s) freeze the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank.
(g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect, that no cheque book and/or debit card have been issued and shall not be issued without the permission of the court and claimant(s) shall produce the passbook with the necessary endorsement before the court on the next date fixed for compliance.
(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the pass book(s) of the claimant(s) is sufficient compliance of clause (g) above.
12. Relief United India Insurance co./R3 is directed to deposit the award amount of 1,41,500/ with interest @ 9% per annum from the date of filing of 45312 Ramesh vs Hansa Ram Page 11 of 14 45312 Ramesh vs Hansa Ram Page 12 of 14 DAR/petition i.e. 09.11.2012 till realization within the jurisdiction of this Tribunal i.e. SBI , Rohini Court Branch, Delhi within 30 days from today under intimation of deposition of the awarded amount to be given by R3/insurance to the petitioner and his advocate failing which the United India Insurance co./R3 shall be liable to pay interest @ 12% per annum from the period of delay beyond 30 days.
United India Insurance co./R3 is also directed to place on record the proof of the award amount, proof of delivery of notice in respect of deposit of the amount in the above said bank to the claimant and complete details in respect of calculations of interest etc in the court within 30 days from today. A copy of this judgment/award be sent to R3 for compliance within the granted time. Nazir is directed to place a report on record in the event of non receipt/deposit of the compensation amount within the granted time.
13. A copy of this award be forwarded to the concerned Metropolitan Magistrate and DLSA in terms of the orders passed by the Hon'ble High Court in FAO 842/2003 Rajesh Tyagi Vs. Jaibir Singh & Ors. vide order dated 12.12.2014.
In view of the directions contained in order dated 18.01.2018 of Hon'ble Mr. Justice J.R. Midha in FAO no. 842/2003 titled as Rajesh Tyagi vs Jaibir Singh, the statement of petitioner was also recorded wherein he had stated that petitioner was entitled to exemption from deduction of TDS and that he would submit form 15G to the insurance co. so that no TDS is deducted.
14. Form IVB has also been attached herewith. File be consigned to record room as per rules after compliance of necessary legal formalities. Copy of order be given to parties for necessary compliance as per rules. The insurance co./R3 is also directed to obtain the copy of PAN card Digitally of the signed AMIT by AMIT BANSAL petitioner from the record. BANSAL Date: 2019.01.23 11:14:45 +0530 Announced in open court (AMIT BANSAL) on 22nd January 2019 PO MACT N/W Rohini Courts, Delhi.
45312 Ramesh vs Hansa Ram Page 12 of 14 45312 Ramesh vs Hansa Ram Page 13 of 14FORM - IV B SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
1.Date of accident 27.09.2012
2. Name of injured Sh. Ramesh
3. Age of the injured 32 years
4. Occupation of the injured: Self Employed
5. Income of the injured. 7020/ per month
6. Nature of injury: Grievous
7. Medical treatment taken by the injured. For about 3 months
8. Period of hospitalization: 1 days.
9. Whether any permanent disability ? If yes, give details.
10. Computation of Compensation S.No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(i) Expenditure on treatment Rs. 30,395/
(ii) Expenditure on conveyance Rs. 15,000/
(iii) Expenditure on special diet Rs. 10,000/
(iv) Cost of nursing/attendant Rs. 25,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 21,060/
(vii) Any other loss which may require any special treatment or aid to the injured for the rest of his life
12. NonPecuniary Loss:
(I) Compensation for mental and physical
shock
(ii) Pain and suffering Rs. 40,000/
(iii) Loss of amenities of life
(iv) Disfiguration
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(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 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 of disability
(iv) Loss of future income - (Income X %Earning capacity X Multiplier)
14. TOTAL COMPENSATION Rs. 1,41,500/
15. INTEREST AWARDED 9%
16. Interest amount up to the date of award Rs. 91,267/
17. Total amount including interest Rs. 2,32,767/
18. Award amount released Rs. 50,000/
19. Award amount kept in FDRs Rs. 1,82,767/
20. Mode of disbursement of the award As per award and in terms of amount to the claimant (s) (Clause29) clause 29 of MCTAP
21. Next date for compliance of the award. 11.03.2019 (Clause 31) Digitally signed by AMIT AMIT BANSAL BANSAL Date:
2019.01.23 11:14:58 +0530 (AMIT BANSAL) PO MACT N/W Rohini Courts, Delhi.
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