Delhi District Court
Ningamla A. Shimray vs Parkash Chand And Anr on 9 May, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.670/2019
CNR No. DLSW01-009962/2019
FIR No. 38/2019
PS: Dalhousie, District Chamba
In the matter of :
1) Smt. Ningamla A. Shimray
W/o Patrick A. Shimray
2) Sh. Patrick A. Shimray
S/o Maringthuk A. Shimray
Both R/o 1726, First Floor,
Rishi Nagar, Kotla Mubarakpur,
Lodhi Road, Central Delhi,
Delhi-110003. ...(Petitioners)
Versus
1) Sh. Prakash Chand
S/o Sh. Mangat Ram
R/o Shakti Nagar,
Agura Wallah Bagh
Pathankot
Punjab-145001. ... (Driver)
2) M/s Atlas Transport (P) Ltd.
Dalhousie Road, Pathankot,
Punjab-145001. ...(Owner)
3) New India Assurance Co. Ltd.
S1 to S6, Plot No.9,
Plaza-1, Manish Link Road,
Sector-5, Dwarka, New Delhi-110075.
.... (Insurance company)
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 1 of 21
... Respondents
Date of Institution : 26.08.2019
Date of judgment : 09.05.2025
AWAR D
Preface
1. Separate applications under section 166 read with 140
M.V. Act seeking compensation for death of (i) Karan Kumar
Bhatt, (ii) Yaruingam Awungshi Shimray AND bodily injury to
(iii) Sandeep Naag and (iv) Faraz Shamim Khan in motor vehicle
accident being subject matter of FIR No.38/2019 PS Dalhousie,
District Chamba, Himachal Pradesh are taken up together to be
decided simultaneously.
Background
2. Brief facts culled from application read with Final Report
under section 279/337/338/304A IPC are that Yaruingam
Awungshi Shimray travelling in Bus No.PB-06C-4147 from
Pathankot to Dalhousie died in road accident on 27.04.2019 at
about 07:10 pm after respondent Prakash Chand (driver) failed to
control the vehicle ahead of Panchpula towards Banikhet,
Dalhousie, District Chamba, Himachal Pradesh as a result of
which the Bus plunged into a deep gorge resulting in death of 10
passengers and bodily injury to remaining passengers.
3. It is submitted that Yaruingam Awungshi Shimray, aged 34
years, employed with American Express was earning monthly
salary Rs.50,000/- with perks and respondents Prakash Chand
(driver), M/s Atlas Transport (P) Ltd. (owner) AND New India
Assurance Co. Ltd. (insurer) are jointly and severally liable to
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 2 of 21
compensate petitioners for untimely death of victim in motor
vehicle accident.
Defence
4. Respondent Prakash Chand (driver) did not file any reply.
5. Respondent M/s Atlas Transport (P) Ltd. (owner) has filed
reply disputing rash or negligent driving besides contending that
Bus No.PB-06C-4147 was duly insured and liability, if any, shall
be borne by the insurer.
6. Respondent M/s New India Assurance Co. Ltd. on its part
has admitted Policy No.36160131180100005295 of Tata Motors
Bus No.PB-06C-4147 valid from 28.01.2019 to 27.01.2020 and
reserved its right to raise statutory defence under section 134(c),
147, 157, 149(2) and all defences under section 170 of M.V. Act
in case the driver and owner would fail to contest the case.
Inquiry
7. Following issues were settled on 24.12.2021 in MACT No.
605/2019 titled Sonaley Dhar & Ors. Vs. Prakash Chand & Ors.
which has been treated as leading case.
i. Whether deceased Karan Kumar Bhat and
Yaruingam Awungshi Shimray sustained
fatal injuries and Faraz Shamim Khan and
Sandeep Nag simple injuries in a motor
vehicle accident dated 27.04.2019 arising
out of use of vehicle no. PB 06C 4147,
being driven by R-1 Prakash Chand,
Owned by R2 M/s Atlas Transport P. Ltd
and insured by R-3/New India Assurance
Co. Ltd.? ...OPP
ii. Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom? ...OPP
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 3 of 21
iii. Relief.
8. Witnesses examined in the leading case include:
i. PW-1 Romesh Kumar Bhatt who has inter alia deposed
about (i) death of Karan Kumar Bhatt due to fatal
injuries sustained in road accident on 27.04.2019; (ii)
his son working in American Express was earning
Rs.85,000/- per month and used to contribute his entire
income towards household expenses; (iii) deceased
Karan Kumar Bhatt having done Matriculation &
Higher Secondary Examination from CBSE Board had
also completed Graduation in Bachelor of Computer
Application from Vinayak Missions University AND
(iv) general and special damages suffered on account of
the untimely death of his son in road accident. He has
relied upon - (a) Copy of Aadhar Card - Ex.PW-1/1;
(b) copy of Aadhar Card of Sonaley Dhar - Ex.PW-
1/2; (c) copy of Aadhar Card of Pooja Bhatt - Ex.PW-
1/3; (d) copy of Aadhar Card of Nirja Bhatt - Ex.PW-
1/4; (e) copy of Aadhar Card of deceased Karan Kumar
Bhatt - Ex.PW-1/5 AND (f) copy of Class 10 th
Certificate, Class 12th Certificate & Degree of Bachelor
of Computer Application - Ex.PW-1/6 (Colly.).
ii. PW-2 Patrick A. Shimray who has inter alia deposed
about (i) death of his son Y.A. Shimray in road accident
on 27.04.2019 after driver of Bus No.PB-06C-4147
failed to control the vehicle which fell in a gorge about
150 meters down; (ii) his son working in American
Express was earning Rs.91,568/- per month with perks
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 4 of 21
and used to contribute his entire income towards
household expenses AND (iii) general and special
damages suffered on account of the untimely death of
his son in road accident. He has relied upon - (a) copy
of Aadhar Card - Ex.PW-2/1; (b) copy of Aadhar Card
of Ningamla A. Shimray - Ex.PW-2/2 AND (c) copy of
Aadhar Card of deceased Yaruingam Awungshi
Shimray- Ex.PW-2/3.
iii. PW-3 Sandeep Naag (injured in MACT No. 671/2019)
has inter alia deposed about (i) Polytrauma with Frontal
Scalp Wound (20 stitches); Left Rib Fractures (2 ribs
fractured) & Fracture of D-4 Spine Vertebra sustained
in motor vehicle accident on 27.04.2019; (ii) treatment
at S.S. Memorial Hospital, Banikhet, Chamba,
Himachal Pradesh & Max Hospital, Saket, New Delhi
where he remained admitted from 29.04.2019 to
05.05.2019; (iii) monthly income Rs.38,000/- by
working as Lead Analyst with American Express; (iv)
expenses incurred on medicines, treatment,
conveyance, special diet, attendant charges &
physiotherapy; (v) loss of income for 06 months AND
(vi) general and special damages consequent to bodily
injury sustained in road accident. He has relied upon -
(a) copy of Aadhar Card - Ex.PW-3/1; (b) copy of
Discharge Summary & Treatment Record MAX
Hospital, Saket - Mark 'A' AND (e) copy of Salary Slip
- Mark 'B'.
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iv. PW-4 Faraz Shamim Khan (injured in MACT No.
672/2019) has inter alia deposed about (i) Vertebral
compression fractures D10, D12 & L1 AND Fracture
Greater Tuberosity of Humerus Right Side sustained in
motor vehicle accident on 27.04.2019; (ii) treatment at
S.S. Memorial Hospital, Banikhet, Chamba, Himachal
Pradesh & Max Hospital, Saket, New Delhi where he
remained admired from 29.04.2019 to 02.05.2019; (iii)
monthly income Rs.50,000/- with perks by working in
American Express; (iv) expenses incurred on
medicines, treatment, conveyance, special diet,
attendant charges & physiotherapy AND (v) general
and special damages consequent to bodily injury
sustained in road accident. He has relied upon - (a)
copy of Aadhar Card - Ex.PW-4/1; (b) copy of
Discharge Summary & Treatment Record MAX
Hospital, Saket - Mark 'A' AND (c) copy of Salary Slip
- Mark 'B'.
v. PW-5 Smt. Sonaley Dhar, wife of deceased Karan
Kumar Bhatt who has inter alia deposed about (i) death
of Karan Kumar Bhatt due to fatal injuries sustained in
road accident on 27.04.2019; (ii) her husband working
in American Express was earning Rs.85,000/- per
month and used to contribute his entire income towards
household expenses; (iii) deceased Karan Kumar Bhat
having done Matriculation & Higher Secondary
Examination from CBSE Board had also completed
Graduation in Bachelor of Computer Application from
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Vinayak Missions University AND (iv) general and
special damages suffered on account of the untimely
death of her husband in road accident. She has relied
upon - copy of Aadhar Card - Ex.PW-5/1.
vi. Ms. Flora Dantis, Analyst Colleague Experience Group,
American Express India Pvt. Ltd., Gurgaon examined
as PW-6 has referred to (i) Authority Letter in her
favour - Ex.PW-6/E AND (ii) Appointment Letter &
Salary-slips of Karan Kumar Bhatt, Y.A. Shimray,
Sandeep Naag & Faraz Shamim Khan referred as
Ex.PW-6/E1 to Ex.PW-6/E4.
9. Cross-examination of witnesses by Ld. counsel for
respondents has been recorded and petitioners' evidence was
closed on 12.04.2022.
10. No witness has been examined by driver, owner or insurer
and respondents' evidence was closed on 01.06.2024.
Discussion and Conclusion
11. Advocate Sh. K.K. Dubey for claimants, Sh. S.K. Mishra
for R2/owner AND Advocate Sh. Alok Shankar for New India
Assurance Co. Ltd. have addressed their submissions.
12. I have carefully perused pleadings and evidence adduced
on judicial file. My issue wise finding is recorded below:
13. Issue No.1:
Whether deceased Karan Kumar Bhat and
Yaruingam Awungshi Shimray sustained
fatal injuries and Faraz Shamim Khan and
Sandeep Nag simple injuries in a motor
vehicle accident dated 27.04.2019 arising
out of use of vehicle no. PB 06C 4147,
being driven by R-1 Prakash Chand,
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Owned by R2 M/s Atlas Transport P. Ltd
and insured by R-3/New India Assurance
Co. Ltd.? ...OPP
14. PW-2 Patrick A. Shimray has deposed about death of his
son Y.A. Shimray in road accident on 27.04.2019 after Bus
No.PB-06C-4147 driven at very high speed in rash and negligent
manner fell in a gorge around 150 meters down resulting in death
of his son due to injuries sustained in the accident.
15. He has admitted of not being an eye-witness to the
accident but nothing material could be elicited during cross-
examination which could assail his testimony or impeach its
veracity.
16. Respondent Prakash Chand (driver) on the other hand has
not entered the witness-box to rebut allegation of rash and
negligent driving of Bus No.PB-06C-4147 which fell in the gorge
about 150 meters down resulting in death of 10 passengers and
bodily injuries to remaining passengers. Adverse inference is
therefore required to be raised against the driver of Bus No.PB-
06C-4147 as per the dicta of Hon'ble High Court of Orissa in
National Insurance Company Ltd. Vs. Durdadshya Kumar
Samal & Ors. 1987 SCC Online Ori. 57 AND Cholamandalam
MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided
by Hon'ble High Court of Delhi on 11th November, 2008.
17. The fact that respondent Prakash Chand could not control
Bus No.PB-06C-4147 carrying 20 to 25 passengers which
plunged into a deep gorge ahead of Panchpula towards Banikhet,
Dalhousie, District Chamba, Himachal Pradesh resulting in death
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 8 of 21
of 10 passengers and bodily injuries to remaining passengers is
sufficient for applying the principle of res ipsa loquitor.
18. Negligence in the normal parlance is understood as failure
to take proper care which a reasonable man would have done
under the circumstances and normal rule for the plaintiff to prove
negligence is sought to be avoided by applying the principle of
res ipsa loquitor. The general purport of the words res ipsa
loquitor is that the accident "speaks for itself" or tell its own
story and there are cases in which the accident speaks for itself so
that it is sufficient for the plaintiff to prove the accident and
nothing more. It will then be incumbent upon the defendant to
establish that the accident happened due to some cause other than
his own negligence.
19. It is all the more well settled law that negligence of the
driver in case of road traffic accident is required to be established
on the touchstone of preponderance of probability and standard
of proof beyond reasonable doubt does not apply to claim
petitions under Motor Vehicle Act as held by Hon'ble Supreme
Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal
Road Transport Corporation & Ors (2009) 13 SCC 530.
20. Following observations in para 15 of aforesaid judgment of
Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the
Tribunal has rightly taken a holistic view of
the matter. It was necessary to be borne in
mind that strict proof of an accident caused
by a particular bus in a particular manner
may not be possible to be done by the
claimants. The claimants were merely to
establish their case on the touchstone of
preponderance of probability. The standard
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 9 of 21
of proof beyond reasonable doubt could not
have been applied...."
21. Similar observation has been recorded by Hon'ble High
Court of Delhi in para 12 of its judgment delivered in National
Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC
Online Del 1700 by holding that proceedings under Motor
Vehicle Act are not akin to proceeding in a civil suit hence strict
rules of evidence are not required to be followed and FIR against
the driver along with criminal record of the case showing
completion of investigation by the police leading to Final Report
are sufficient proof to reach the conclusion that the driver was
negligent.
22. Postmortem Report No.15/2019 dated 28.04.2019 of Civil
Hospital, Dalhousie, Chamba, Himachal Pradesh has been filed
on record wherein cause of death is recorded as head injury with
polytrauma leading to cerebral amoxia irreversible shock, cardio
pulmanary arrest & death.
23. FINDING : Issue No.1 is therefore decided by holding
that Yaruingam Awungshi Shimray has died pursuant to bodily
injury sustained in motor vehicle accident on 27.04.2019 as a
result of rash and negligent driving of Bus No.PB-06C-4147 by
respondent Prakash Chand (driver) which vehicle was registered
in the name of M/s Atlas Transport (P) Ltd. (owner) and insured
with New India Assurance Co. Ltd.
24. Issue No.2
Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom ? OPP
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25. Y.A. Shimray having expired on 27.04.2019 is survived by
Smt. Nimgamla Shimray (mother) & Sh. Patrick A. Shimray
(father). Petitioners being dependants are therefore entitled to be
compensated for death of victim in motor vehicle accident.
26. Quantum of compensation is required to be assessed under
following heads:
Income
27. PW-2 Sh. Patrick A. Shimray has deposed that his son Y.A.
Shimray working in American Express was earning monthly
income Rs.91,568/- with perks.
28. Ms. Flora Dantis examined as PW-6 has produced
Appointment Letter & Salary-slips of Y.A. Shimray mentioning
Gross Salary Rs.56,722.24/- & Net Pay Rs.53,582/- referred as
Ex.PW-6/E2 whereas Form-16, Part-B of FY 01.04.2018 to
31.03.2019 referred as Ex.PW-6/D3 has been produced during
her cross-examination mentioning Gross Annual Income
Rs.6,99,671/- and Rs.24,491/- to be deducted towards Income
Tax. Net Annual Income of Y.A. Shimray is therefore taken as
Rs.6,75,180/- (Rs.6,99,671/- - Rs.24,491/-).
Age & Multiplier
29. Date of Birth of Y.A. Shimray is recorded as 15.02.1985 in
copy of Aadhar Card Ex.PW-2/3. Deceased Y.A. Shimray had
therefore completed 34 years of age at the time of death on
27.04.2019 and multiplier of 16 will apply in the case as held in
para 19 read with para 42 of Sarla Verma & Ors vs. DTC (2009)
6 SCC 121 which has been approved by the Constitution Bench
of Hon'ble Supreme Court of India in para 42 of National
Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680.
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Future Prospects
30. Since deceased Y.A. Shimray was 34 years, 02 months &
12 days old at the time of death so claimants are also entitled to
future prospect @ 40% upon Net Annual Income as laid down by
Constitution Bench of Hon'ble Supreme Court of India in para
59.4 of National Insurance Co. Ltd. Vs. Pranay Sethi (Supra).
Personal Living and Expenses
31. Deceased Y.A. Shimray is survived by Smt. Ningamla
Shimray (mother) & Sh. Patrick A. Shimray (father).
32. Sh. Patrick A. Shimray being farmer earning around
Rs.70,000/- per year cannot be treated as dependant of Late Y.A.
Shimray.
33. Smt. Ningamla A. Shimray being mother is to be treated as
dependant of Y.A. Shimray who died as bachelor and half income
of deceased is required to be deducted towards personal living
and expenses as per principles laid down in paras 31 and 32 of
Sarla Verma & Ors. Vs. DTC (2009) 6 SCC 121 which have
been affirmed by Hon'ble Supreme Court of India in para 41 of
National Insurance Co. Ltd. Vs. Pranay Sethi (Supra).
Loss of Dependency
34. Loss of dependency in favour of Smt. Ningamla A.
Shimray (mother) is calculated as Rs.6,75,180/- x 140/100 x 16 x
1/2 = Rs.75,62,016/- (Rupees Seventy Five Lakhs Sixty Two
Thousand Sixteen only).
Conventional Heads
35. Hon'ble Supreme Court of India in para 59.8 of National
Insurance Co. Ltd. Vs. Pranay Sethi (Supra) decided on
31.10.2017 has laid down reasonable figures under the heads -
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(i) loss of estate; (ii) loss of consortium AND (iii) funeral
expenses fixed as Rs.15,000/-; Rs.40,000/- and Rs.15,000/-
respectively to be enhanced @ 10% after every three years.
Loss of Estate
36. In terms of aforesaid judgment of Hon'ble Supreme Court
of India, a sum of Rs.18,150/- (Rupees Eighteen Thousand One
Hundred Fifty only) is awarded to claimants towards 'loss of
estate'.
Funeral Expenses
37. Similarly, in terms of the law/guidelines laid down in
aforesaid case, a sum of Rs.18,150/- (Rupees Eighteen
Thousand One Hundred Fifty only) is awarded to claimants
towards 'funeral expenses'.
Loss of Consortium
38. In view of the law/guidelines laid down in (i) Pranay
Sethi (Supra) read with (ii) Magma General Insurance Co. Ltd
vs. Nanu Ram (2018) 18 SCC 130 AND (iii) United India
Insurance Co. Ltd. vs Satinder Kaur (2021) 11 SCC 780, a sum
of Rs.48,400 x 02 = Rs.96,800/- (Rupees Ninety Six Thousand
Eight Hundred only) is awarded to claimants as compensation
under the head 'loss of consortium'.
39. Break-up of compensation to be awarded to claimants is
mentioned below in tabulated form:-
S. No. HEAD AMOUNT
1 Loss of dependency Rs.75,62,016/-
2 Loss of consortium Rs.96,800/-
3 Funeral expenses Rs.18,150/-
4 Loss of estate Rs.18,150/-
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 13 of 21
TOTAL Rs.76,95,116/- rounded
off to Rs.76,95,500/-
INTEREST
40. There is nothing on record to justify withholding interest
on the award amount. Having regard to the facts and
circumstances of the present case, it will be just and proper to
grant interest @ 7.5% per annum on the award amount in terms
of judgment of Hon'ble Supreme Court of India in National
Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC
260. Petitioners are therefore awarded interest @ 7.5% per
annum upon compensation Rs.76,95,500/- (Seventy Six Lakhs
Ninety Five Thousand Five Hundred only) from the date of
filing of petition on 26.08.2019 till notice of deposit under Order
XXI Rule 1 CPC to petitioner/counsel.
LIABILITY
41. R1/Prakash Chand (driver) being principal tortfeasor
driving Bus No.PB-06C-4147 in rash and negligent manner
resulting in road accident leading to death of Karan Kumar Bhat
and R2/M/s Atlas Transport (P) Ltd. (owner) being vicariously
liable for the act of the driver are liable to pay compensation
amount with interest. However, since Bus No.PB-06C-4147 was
insured against Third Party Risk so, R3/New India Assurance Co.
Ltd. being statutorily liable under Section 149 (1) of M.V.Act
shall pay compensation along with interest to petitioners in the
absence of any statutory defence under section 149(2) of M.V.
Act.
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42. FINDING : Issue No.2 is decided accordingly by holding
that R3/New India Assurance Co. Ltd. shall pay the award
amount with interest to petitioners.
RELIEF
43. Thus, in view of foregoing discussion & conclusion and
having regard to the facts and circumstances of the present case,
award for a sum of Rs.76,95,500/- (Seventy Six Lakhs Ninety
Five Thousand Five Hundred only) along with interest @ 7.5%
p.a from the date of filing of petition on 26.08.2019 till notice of
deposit under Order XXI Rule 1 CPC is passed in favour of
petitioners and against all respondents.
44. The above-said compensation amount with interest shall be
paid to petitioners by R3/New India Assurance Co. Ltd.
APPORTIONMENT
45. Award amount Rs.76,95,500/- shall be apportioned
amongst remaining claimants in following manner with
proportionate interest:
S. No. Name of the petitioner/relation Amount
with deceased
1. Smt. Ningamla A. Shimray Rs.56,95,500/-
(mother)
2. Sh. Patrick A. Shimray (father) Rs.20,00,000/-
Total Rs.76,95,500/-
46. FORM-IV A
SUMMARY OF THE COMPUTATION OF AWARD
AMOUNT IN DEATH CASE TO BE INCORPORATED IN
THE AWARD
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1. Date of accident : 27.04.2019
2. Name of the deceased : Yaruingam Awungshi
Shimray
3. Age of the deceased : 34 years (at the time
of accident)
4. Occupation of the deceased : Private Job
5. Income of the deceased : Net Annual Income
Rs.6,75,180/-
6. Name, age and relationship of legal representative of
deceased
Sl. Name Age (at the time of Relation with
No. accident) deceased
(i) Smt. Ningamla A. 68 years Mother
Shimray
(ii) Sh. Patrick A. 73 years Father
Shimray
Computation of compensation
Heads Awarded by the Claims
Tribunal
7. Income of the deceased (A) Rs.6,75,180/- (Annual)
8. Add-Future Prospects (B) Rs.2,70,072/- (Annual)
(40%)
9. Less-Personal expenses of Rs.4,72,626/- (Annual)
the deceased (C) (Half)
10. Monthly loss of dependency -
{(A+B}-C=D
11. Annual loss of dependency Rs.4,72,626/-
[ D]
12. Multiplier (E) 16
13. Total loss of dependency (D Rs.4,72,626/- x 16 =
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 16 of 21
x E=F) Rs.75,62,016/-
14. Medical Expenses (G) Nil
15. Compensation for loss of Rs.96,800/- (48,400 x 02)
consortium (H)
16. Compensation for loss of Nil
love and affection (I)
17. Compensation for loss of Rs.18,150/-
estate (J)
18. Compensation towards Rs.18,150/-
funeral expenses (K)
19. TOTAL Rs.76,95,116/- rounded off
COMPENSATION to Rs.76,95,500/-
(F+G+H+I+J+K=L)
Deduction of Interim Nil.
Award
20. RATE OF INTEREST 7.5%
AWARDED
21. Interest amount up to the @ 7.5% per annum from the
date of award (M) date of filing of petition on
26.08.2019 till notice of
deposit under Order XXI
Rule 1 CPC
22. Total amount including Rs.76,95,500/- + @ 7.5% per
interest ( L+M) annum from the date of filing
of petition on 26.08.2019 till
notice of deposit under Order
XXI Rule 1 CPC.
23. Award amount released As per table given below
24. Award amount kept in As per table given below
FDRs
25. Mode of disbursement of By credit in the SB Account
the award amount to the of claimants
claimant (s) (Clause 29)
26. Next Date for compliance 04.07.2025
of the award. (Clause 31)
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47. The award amount shall be deposited/transferred by
R3/New India Assurance Co. Ltd. in Account No.42709452600
of 'MACT (South-West), Dwarka Courts, New Delhi' at State
Bank of India, District Court Complex, Sector-10, Dwarka New
Delhi, (IFSC Code SBIN0011566 and MICR Code 110002483)
by RTGS/NEFT/IMPS within 30 days of award as per section
168(3) of M.V. Act under intimation to the Nazir of this court
with proof of notice to claimants and their counsel.
48. Statement of claimants regarding their financial status,
needs and liabilities has been recorded. In view of their
statements and having regard to the facts and circumstances of
the present case, the award amount shall be disbursed in
following manner:
S. Name Status Amount of Release Amount Amount of
no Award FDR
.
1. Smt. Mother Rs.56,95,500/- Rs.26,95,500/- Rs.30,00,000/-
Ningamla with be kept in 60
A. proportionate FDRs from 1st
Shimray interest be to 60th month
released in in the name of
MACT Claims petitioner with
SB Account cumulative
interest.
2. Sh. Father Rs.20,00,000/- Rs.10,00,000/- Rs.10,00,000/-
Patrick with be kept in 20
A. proportionate FDRs from 1st
Shimray interest be to 20th month
released in in the name of
MACT Claims petitioner with
SB Account cumulative
interest.
Total Rs.76,95,500/- Rs.36,95,500/-
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49. Petitioners have mentioned (a) Savings Bank Account No.34760034260 in the name of Smt. Ningamla A. Shimray AND (b) Savings Bank Account No.32487208394 in the name of Sh. Patrick A. Shimray at State Bank of India, Ukhrul, DC Complex, Ukhrul (IFSC Code: SBIN0014179).
50. Accordingly, Manager, SBI, District Courts Complex, Dwarka, Sector-10, New Delhi is directed to transfer (a) Rs.26,95,500/- with proportionate interest in MACT SB Account of petitioner Smt. Ningamla A. Shimray AND (b) Rs.10,00,000/- with proportionate interest in MACT SB Account of petitioner Sh. Patrick A. Shimray.
51. Balance Rs.30,00,000/- with proportionate interest in favour of Smt. Ningamla A. Shimray AND Rs.10,00,000/- with proportionate interest in favour of Sh. Patrick A. Shimray be kept in FDRs to be released in their accounts in terms of MACAD Scheme formulated by Hon'ble High Court of Delhi vide order dated 01.05.2018 and 07.12.2018 in FAO No.842/2013.
52. Manager of the bank where claimants are having their MACT-SB Account (hereinafter referred as the 'petitioner's bank') are directed to release the abovesaid amount to claimants.
All original FDRs shall be retained by the concerned bank, however, statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray. Manager of the concerned bank is directed NOT to permit premature encashment or loan against FDRs in the name of MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 19 of 21 petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray without prior permission of the Court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit/transfer of interest amount in aforesaid SB Account of petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray.
The above-said petitioner's bank is also directed not to issue any cheque book and/or debit card to petitioners and if the same has 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 petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray.
The above-said bank shall permit petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray to withdraw money from the above-said SB Account by means of withdrawal form.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid SB Account of petitioners Smt. Ningamla A. Shimray and Sh. Patrick A. Shimray.
53. Respondent New India Assurance Co. Ltd. shall inform petitioners/counsel regarding award amount being deposited in MACT Account through registered post.
54. Copy of Award be sent to Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Manager, State Bank of India, Ukhrul, DC Complex, Ukhrul (IFSC Code:
SBIN0014179) for information/compliance.
MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 20 of 21
55. Dasti copy of Award be given to Ld. Counsel for claimants and R3/New India Assurance Co. Ltd.
56. Ahlmad is directed to prepare separate miscellaneous file to be listed on 04.07.2025 for filing compliance report.
57. File be consigned to the record room.
Digitally signedAnnounced in the open Court TARUN by TARUN YOGESH on 09.05.2025 YOGESH Date: 2025.05.15 14:28:18 +0530 (Tarun Yogesh) PO, MACT-01, Dwarka Courts, New Delhi MACT No.670/2019 Ningamla A. Shimray & Anr. Vs. Prakash Chand & Ors. Page No. 21 of 21