Delhi District Court
Rafiq vs . Vinod Kumar & Anr. Dar No. 64A/16 on 19 April, 2017
Rafiq Vs. Vinod Kumar & Anr. DAR No. 64A/16
BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL:
NORTHEAST DISTT. : KARKARDOOMA COURTS COMPLEX: DELHI
Presiding Officer: ANAND SWAROOP AGGARWAL: DHJS
Additional District & Sessions Judge: Delhi
DAR No. 64A/16 FIR No. 642/15
ID No. 145/16 U/s. 279/337/338 IPC
& 146/196 M.V. Act
P.S.: Seelampur
In the matter of:
Rafiq s/o. Mohd. Abdul Hai,
R/o. 68, Gali No.8, Kardampuri,
Jyoti Nagar, Shahdara, Delhi - 110094.
Through:
Mr. Netra Pal Singh, Adv.,
S. N. R. Associates,
K151, Near Gate No.2,
Tis Hazari Courts, Delhi - 110054.
( details given in compliance with Clause 27 of
Modified Claims Tribunal Agreed Procedure) ....... Claimant
Versus
1.Mr. Vinod Kumar S/o. Sh. Dev 2. Mr. Kaushal Kumar S/o. Sh. Banwari Karan Singh Lal Gupta R/o. E310/14 Khajuri Khas, R/o. K16, Kedar Building, Sabzi Delhi. (DRIVER) Mandi, Ghanta Ghar, Delhi - 110007.
(OWNER)
......... Defendants
i) Date of filing of DAR : 21.03.2016
ii) Date when reserved for award : 19.04.2017
iii) Date of award : 19.04.2017
Page No. 1 of 5 (ANAND SWAROOP AGGARWAL)
PO - MACT / NE / KKD / DELHI / 19.04.2017
Rafiq Vs. Vinod Kumar & Anr. DAR No. 64A/16
AWARD
1. In nutshell facts regarding accident in the case in hand as per statement made by claimant Rafiq in his statement u/s. 161 of Cr. PC are that on 30.08.2015 at about 1.00 p.m. at 66 Foota Road near Loha Market Pulia, New Seelampur, Delhi defendant no.1 was driving RTV Bus No. DLIVA9558 at a high speed, rashly and negligently and had hit the Scooty DL5SAM - 5410 being driven by Abid Hussain on which grandsons Abbas, Shozab and Sohaib were also riding. Claimant Rafiq as well as driver / riders of abovesaid Scooty suffered the injuries.
2. On 01.07.2016 defendant no.1 and 2 had appeared and written statement to the DAR filed by the police and issues were framed. Vide order dated 15.03.2017 at joint request matter was referred to Delhi Mediation Centre, KKD Courts, Delhi for settlement.
3. On 19.04.2017 Court passed the following order: "19.04.2017 Present: Claimant with Mr. Netra Pal Singh, Adv.
D1 and D2 with Mr. Naved Azam, Adv.
This matter stands settled between the parties as per report dated 12.04.2017 received from DMC, KKD, Delhi. Let statements of parties be recorded separately.
Statement of Mr. Rafiq S/o. Mohd. Abdul, R/o. 68, Gali No.8, Kardampuri, Jyoti Nagar, Shahdara, Delhi - 110094.
On SA I have settled my claims in the present matter and a criminal case arising out of FIR No. 642/15 u/s. 279/ 337/338 IPC and 146 / 196 the Motor Vehicles Act, 1988 PS Seelampur qua the offence punishable u/s. 337/338 IPC in terms of settlement Ex. X recorded at DMC, KKD, Delhi. As per the settlement a total sum of Rs. 65,000/ is payable to me by D2 Kaushal Kumar. Today I have received Rs.15,000/ and D2 Kaushal Kumar is to make me payment of Rs.10,000/ on each day of 19.05.2017 and 19.08.2017 before this court. It is noted that 19.06.2017 is a holiday and therefore on Page No. 2 of 5 (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD / DELHI / 19.04.2017 Rafiq Vs. Vinod Kumar & Anr. DAR No. 64A/16 19.07.2017 D2 shall pay Rs.20,000/ to me. Further he shall pay Rs.10,000/ on 19.09.2017 before the court of Mr. Sunil Kumar Sharma, Ld. MM, KKD, Delhi at the time of compounding of the offences in FIR No. 642/15.
RO & AC
Sd/
Sd/ (ANAND SWAROOP AGGARWAL)
POMACT(NE)/KKD/19.04.2017
Statement of Mr. Kaushal Kumar, defendant no.2 r/o. K16, Kedar Building, Sabzi Mandi, Ghanta Ghar, Delhi - 110007.
On SA I have heard the statement made by Rafiq and accept the same as correct. I shall make the payments as mentioned in abovesaid statement made by Rafiq. Court may dispose of the matter by passing settlement award........"
4. Accordingly, in view of the statements made by claimant and defendant no.2 and the material on record, I am of the opinion that an award for the agreed amount of ₹65,000/ can be passed in favour of the claimant and against the defendant no.2. Accordingly, claimant is awarded ₹65,000/ towards full and final compensation in terms of above statement(s). Defendant No.2 is directed to pay Rs.65,000/ in the terms as mentioned in the statement of claimant.
5. FormIV to the MCTAP is attached herewith as Annexure - A.
6. Attested copies of the award be furnished to the concerned parties and be sent to the DLSA and Ld. MM.
7. File be consigned to record room.
8. Put up on 19.05.2017 for compliance / remaining payment.
Pronounced in Open Court on 19.04.2017 (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD COURTS / DELHI Page No. 3 of 5 (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD / DELHI / 19.04.2017 Rafiq Vs. Vinod Kumar & Anr. DAR No. 64A/16 Annexure A FORM - IV COMPLIANCE OF THE PROVISIONS OF THE MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE TO BE MENTIONED IN THE AWARD
1. Date of accident 30.08.2015
2. Date of intimation of the accident by the Investigating No intimation given Officer to the Claims Tribunal. (Clause 2)
3. Date of intimation of the accident by the Investigating Vehicle not insured Officer to the Insurance Company. (Clause 2)
4. Date of filing of Report under Section 173 Cr. P. C. Not known before the Metropolitan Magistrate. (Clause 10)
5. Date of filing of Detailed Accident Information Report 21.03.2016 (DAR) by the Investigating Officer before Claims Tribunal. (Clause 10)
6. Date of service of DAR on the Insurance Company Vehicle not insured (Clause 11)
7. Date of service of DAR on the claimant(s) (Clause 11) 21.03.2016
8. Whether DAR was complete in all respects? (Clause No.
16)
9. If not, state deficiencies in the DAR 1. Site plan not to scale; 2. Multi angle photographs of place of accident / injured not filed.
Requirements of clause 102 of the DAR not fulfilled
10. Whether the police has verified the documents filed Some of the documents verified with DAR (Clause 4)
11. Whether there was any delay or deficiency on the part Yes. No inasmuch as matter stands of the Investigating Officer? If so, whether any settled between claimant and defendant action / direction warranted? no.2.
12. Date of appointment of the Designated Officer by the Vehicle not insured Insurance Company. (Clause 19)
13. Name, address and contact number of the Designated Vehicle not insured Officer of the Insurance Company. (Clause 19) Page No. 4 of 5 (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD / DELHI / 19.04.2017 Rafiq Vs. Vinod Kumar & Anr. DAR No. 64A/16
14. Whether the Designated Officer of the Insurance Vehicle not insured Company submitted his report within 30 days of the DAR? (Clause 21)
15. Whether the Insurance Company admitted the Vehicle not insured liability? If so, whether the Designated Officer of the Insurance Company fairly computed the compensation in accordance with law.
(Clause 22)
16. Whether there was any delay or deficiency on the part Vehicle not insured of the Designated Officer of the Insurance Company? If so, whether any action / direction warranted?
17. Date of response of the claimant(s) to the offer of the Vehicle not insured Insurance Company. (Clause 23)
18. Date of the award 19.04.2017
19. Whether the award was passed with the consent of the Yes parties? (Clause 22)
20. Whether the claimant(s) examined at the time of No. Matter stood settled at DMC, KKD passing of the award to ascertain his / their financial Courts, Delhi on mutually agreed terms condition? (Clause 26) between claimant and defendant no.3.
21. Whether the photographs, specimen signatures, proof No. Matter stood settled at DMC, KKD of residence and particulars of bank account of the Courts, Delhi on mutually agreed terms injured / legal heirs of the deceased taken at the time between claimant and defendant no.3. of passing of the award? (Clause 26)
22. Mode of disbursement of the award amount to the In installments as per claimant's claimant(s). (Clause 28) statement recorded on 19.04.2017
23. Next Date of compliance of the award. 19.05.2017 (Clause 30) (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD COURTS / DELHI Page No. 5 of 5 (ANAND SWAROOP AGGARWAL) PO - MACT / NE / KKD / DELHI / 19.04.2017