Delhi District Court
Pooja (I)(Fir455/2021/Kotwali) vs Shiva Bahadur (Niac0 on 15 December, 2023
DLCT010155692021
Presented on : 16-11-2021
Registered on : 22-11-2021
Decided on : 15-12-2023
Duration : 02 Years
IN THE TRIBUNAL OF PRESIDING OFFICER-MACT-02,
CENTRAL, TIS HAZARI COURTS, DELHI
PRESIDED OVER BY DR. PANKAJ SHARMA
IN THE MATTER OF CASE / MACT No. 842/2021(LEAD
CASE)
(For Grant of Compensation in respect of the fatal injuries
sustained by the deceasaed Rohan) :
1. AJAY KUMAR
S/o Sh. Kanwer Singh
2. POOJA
W/o Sh. Ajay Kumar
Both R/o H. No. 569, Maidan Garhi,
Delhi. ......Petitioners.
VERSUS
1. SHIVA BAHADUR
S/o Sh. Tek Bahadur
R/o H.No. BG-132, Sanjay Gandhi Transport,
Delhi & Vill & P.S. Gayeghat,
Distt. Udaipur, Nepal. (Driver).
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 1/48
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2023.12.15
15:13:47 +0530
2. D.S.TRANSPORT CORP.
Registered Plot No.112,
Ludhiana, Punjab. (Owner).
3. NEW INDIA ASSURANCE CO. LTD. (Insurer).
........Respondents.
AND DLCT010155712021 Presented on : 16-11-2021 Registered on : 22-11-2021 Decided on : 15-12-2023 Duration : 02 Years IN THE MATTER OF CASE / MACT No. 843/2021 (For Grant of Compensation in respect of the fatal injuries sustained by deceased Viraj) :
1. AJAY KUMAR S/o Sh. Kanwer Singh
2. POOJA W/o Sh. Ajay Kumar Both R/o H. No. 569, Maidan Garhi, Delhi. ......Petitioners.
VERSUS MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 2/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:13:54 +0530
1. SHIVA BAHADUR S/o Sh. Tek Bahadur R/o H.No. BG-132, Sanjay Gandhi Transport, Delhi & Vill & P.S. Gayeghat, Distt. Udaipur, Nepal. (Driver).
2. D.S.TRANSPORT CORP.
Registered Plot No.112, Ludhiana, Punjab. (Owner).
3. NEW INDIA ASSURANCE CO. LTD. (Insurer).
........Respondents AND DLCT010155702021 Presented on : 16-11-2021 Registered on : 22-11-2021 Decided on : 15-12-2023 Duration : 02 Years IN THE MATTER OF CASE / MACT No. 841/2021 (For Grant of Compensation in respect of the injuries sustained by injured Pooja :
POOJA W/o Sh. Ajay Kumar R/o H. No. 569, Maidan Garhi, Delhi. ......Petitioner.
VERSUS MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 3/48 Digitally signed
PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:00 +0530
1. SHIVA BAHADUR S/o Sh. Tek Bahadur R/o H.No. BG-132, Sanjay Gandhi Transport, Delhi & Vill & P.S. Gayeghat, Distt. Udaipur, Nepal. (Driver).
2. D.S.TRANSPORT CORP.
Registered Plot No.112, Ludhiana, Punjab. (Owner).
3. NEW INDIA ASSURANCE CO. LTD. (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 23.05.2021
2. Date of filing of Form-I - First N.A. Accident Report (FAR)
3. Date of delivery of Form-II to the N.A. victim(s)
4. Date of receipt of Form-III from the N.A. Driver
5. Date of receipt of Form-IV from the N.A. Owner
6. Date of filing of the Form-V-Interim N.A. Accident Report (IAR)
7. Date of receipt of Form-VIA and N.A. Form-VIB from the Victim(s)
8. Date of filing of Form-VII - Detailed 22.11.2021 Accident Report (DAR) MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 4/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:06 +0530
9. Whether there was any delay or No deficiency on the part of the Investigating Officer? If so, whether any action/ direction warranted?
10. Date of appointment of the Designated N.A. Officer by the Insurance Company
11. Whether the Designated Officer of the N.A. Insurance Company submitted his report within 30 days of the DAR?
12. Whether there was any delay or N.A. deficiency on the part of the Designated officer of the Insurance Company? If so, whether any action/ direction warranted?
13. Date of response of the petitioner(s) to N.A. the offer of the Insurance Company.
14. Date of the award 15.12.2023
15. Whether the petitioner (s) was/were Yes directed to open savings bank account(s) near their place of residence?
16. Date of order by which claimant(s) 22.11.2021 was/were directed to open savings bank account(s) near their 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 12.10.2023 the 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. 569, Maidan MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 5/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:14:12 +0530 Claimant(s). Garhi, Delhi.
19. Whether the claimant(s) savings bank No account(s) is near their place of residence?
20. Whether the claimant(s) was/were Yes examined at the time of passing of the award to ascertain his/their financial condition?
COMMON AWARD/JUDGMENT FACTUAL POSITION
1. These three separate DARs were filed on 22.11.2021 by the Investigating Officer in the presence of parties. One DAR was prepared in respect of death of one Rohan S/o Sh. Ajay Kumar (hereinafter referred to as 'deceased') and the second was prepared in respect of death of one Viraj S/o Sh. Ajay Kumar (hereinafter referred to as 'deceased') and the third was filed in respect of injuries sustained by injured. Smt. Pooja W/o Sh. Ajay Kumar (hereinafter referred to as 'injured'). These DARs were prepared by IO in respect of a motor vehicular accident which occurred on 23.05.2021 at about 2.05 P.M. As per injured Pooja on the relevant date and time she alongwith her two sons namely Viraj and Rohan Kumar were going to her parental house at Nathu Pura, Burari, Delhi from Maidan Garhi on Scooty bearing registration no. DL-3SDG-6069 which was being driven by her at a normal speed and on correct side of the road and when they reached at Bypass Ring Road MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 6/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:19 +0530 Behind Red Light falling within the jurisdiction of P.S. Kotwali, North District, Delhi, in the meantime a Truck bearing registration no. No. PB-10HE-4462 (Brown Color) (hereinafter referred to as 'offending vehicle') which was being driven by its driver/ R-1 at a very high speed, rashly, negligently, without taking necessary precautions, without proper lookouts, violating the traffic rules and without blowing any horn came from back side and hit her Scooty while overtaking, as a result of this, she fell down on the road alongwith her Scooty due to which her children namely Viraj and Rohan Kumar sustained fatal injuries and she sustained grievous injuries. It is further stated that they were immediately taken to Sushruta Trauma Centre, 9 Metcalf Road, Civil Lines, Delhi, where her son namely Rohan Kumar declared as "brought dead" and her son namely Viraj died during the course of treatment on the same day and their postmortems were conducted at Mortuary, Subzi Mandi, Delhi. It is further stated that she was medically examined by the doctor as she sustained fracture 3rd metatarsal and fracture in her right shoulder and she was discharged on the same day on casting plaster on her right foot. She further stated that her sons namely Viraj & Rohan Kumar were 02 years & 08 years old respectively at the time of accident. An FIR No. 455/21 PS Kotwali was registered U/s 279/337/304A/468/471 IPC. R-1 is the driver of the offending vehicle. R-2 is the owner of the offending vehicle. R-3 is the insurer of the offending vehicle. All the DARs were treated as 'claim petitions'. R3/insurance company was directed MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 7/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:42 +0530 to file a legal offer/reasoned decision in response to the said DAR. R1 and R2 were also directed to file their Written Statements.
PLEADINGS IN CASE/ MACT No. 842/21 (For Grant of Compensation in respect of the fatal injuries sustained by the deceasaed Rohan Kumar)
2. Separate written statements were filed by R1 and R 2 in which they declined the contents of the DAR. It is claimed that the accident was caused due to sole negligence of the injured Pooja herself. On merits, the claim of the petitioners has been declined by R1 and R2. They further claimed that at the relevant time the offending vehicle was covered by an insurance policy issued by R-3/ insurance company in his favour and therefore, the liability, if any, is to be discharged by R-3/ Insurance Company only.
3. R-3/Insurance Company filed a reply wherein it seeks to avoid liability on the ground that the offending vehicle driven by its driver did not have a valid and effective driving license. However, it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself.
PLEADINGS IN CASE/ MACT No. 843/21 (For Grant of Compensation in respect of the fatal injuries sustained by MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 8/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:48 +0530 the deceasaed Viraj)
4. Separate written statements were filed by R1 and R 2 in which they declined the contents of the DAR. It is claimed that the accident was caused due to sole negligence of the injured Pooja herself. On merits, the claim of the petitioners has been declined by R1 and R2. They further claimed that at the relevant time the offending vehicle was covered by an insurance policy issued by R-3/ insurance company in his favour and therefore, the liability, if any, is to be discharged by R-3/ Insurance Company only.
5. R-3/Insurance Company filed a reply wherein it seeks to avoid liability on the ground that the offending vehicle driven by its driver did not have a valid and effective driving license. However, it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself.
PLEADINGS IN CASE/ MACT No. 843/21 (For Grant of Compensation in respect of the injuries sustained by the injured Pooja
6. Separate written statements were filed by R1 and R 2 in which they declined the contents of the DAR. It is claimed that the accident was caused due to sole negligence of the injured Pooja herself. On merits, the claim of the MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 9/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:14:54 +0530 petitioners has been declined by R1 and R2. They further claimed that at the relevant time the offending vehicle was covered by an insurance policy issued by R-3/ insurance company in his favour and therefore, the liability, if any, is to be discharged by R-3/ Insurance Company only.
7. R-3/Insurance Company filed a reply wherein it seeks to avoid liability on the ground that the offending vehicle driven by its driver did not have a valid and effective driving license. However, it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself.
8. CONSOLIDATION OF CASES All the above three matters were consolidated vide order dated 20. 09.2022 and the matter for Grant of Compensatio n in respect of the fatal injuries sustained by deceased Rohan i.e. MACT No. 842/21 was treated as a 'Lead case''. Accordingly, evidence was recorded in the lead case.
ISSUES IN ALL THE MATTERS
9. Vide order dated 20/09/2022, the following consolidated issues were framed by the Ld. Predecessor of this Tribunal :-
1.Whether the deceased Rohan Kumar and Viraj suffered fatal injuries the petitioner Pooja suffered injuries in an accident that took place on MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 10/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:15:00 +0530 23.05.2021 at about 02.05 PM involving vehicle bearing registration No. PB-10HE-4462 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 amount and from whom?
3.Relief.
COMMON EVIDENCE IN CASE NO. 842/21 (FOR GRANT OF COMPENSATION IN RESPECT OF THE DEATH OF DECEASED ROHAN KUMAR) :
10. In support of their contentions, the Petitioner No. 2 Pooja examined herself who is mother of the minor deceased namely Rohan Kumar and Viraj as well as injured as PW-1.
PW-1 deposed, vide her affidavit Ex. PW1/A that the deceased were her minor sons who lost their lives on 23.05.2021 and she suffered grievous injuries as mentioned in Para No. 1 of this award in the motor vehicular accident dated 23.05.2021. She further stated that at the relevant time, the deceased was aged about 08 years & 02 respectively. She further deposed that the deceased is survived by her parents. She has relied upon following documents in support of her claim :-
"Copy of Aadhaar Card of the deceased Rohan Kumar is EX.PW-1/1 (OSR);
Copy of Death Certificate of deceased Rohan Kumar is MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 11/48 Digitally signed
PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:15:22 +0530 EX.PW-1/2 (OSR);
Copy of Certificate issued by Kendriya Vidyalaya of deceased Rohan Kumar is EX.PW-1/3 (OSR); Copy of Aadhaar Card of deceased Viraj is EX.PW-1/4 (OSR);
Copy of Death Certificate of deceased Viraj is EX.PW- 1/5 (OSR);
Copy of Aadhaar Card of Pooja (Petitioner No.1) is EX.PW.1/6 (OSR);
Copy of PAN Card of Pooja (Petitioner No.1) is EX.PW-1/7 (OSR);
Patient Case Record Sheet of Pooja (petitioner No.1) is EX.PW-1/8 (OSR);
Copy of Aadhaar Card of Ajay Kumar (Petitioner No.2) is EX.PW-1/9 (OSR);
Copy of PAN Card of Ajay Kumar (Petitioner No.2) is EX.PW-1/10 (OSR);
Copy of Driving License of Pooja (Petitioner No.1) is EX.PW-1/11 (OSR);
Attested Copy of DAR is EX.PW-1/12 (COLLY)."
10.1 She was was cross-examined by R-3/ Insurance Company. In her cross-examination, she deposed that the incident occurred on 23.05.2021. She denied the suggestion that the she was not wearing helmet at the time of accident. She further MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 12/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:15:30 +0530 deposed that her Scooty was at the speed of 30 kmph and the offending vehicle hit her from behind with full force. She further deposed that the passerby took them to the hospital namely Trauma Centre near Lal Quila. She further deposed that the police recorded her statement in the hospital. She further deposed that her elder son Rohan died at the spot while her younger son Viraj died in the hospital on the same day.
10.2 PE was then closed by Ld. Counsel for petitioners on 09.05.2023
11. R-3/ Insurance Company examined one Sh. Rahul Kumar Upadhayay, Assistant Manager, The New India General Assurance Company Ltd. as R3W1 in its defence. He deposed vide his affidavit Ex.R3W1/X. He proved the copy of his identity card vide Ex.R3W1/1. He relied upon the computer copy of insurance policy vide Ex. R3W1/2, the copy of DL verification report of R-1 vide Ex. R3W1/3, the copy of charge-sheet vide Ex.R3W1/4 (Colly), the notice u/o XII Rule 8 of Civil Procedure Code vide Ex.R3W1/5, the original postal receipts vide Ex.R3W1/6 and Ex.R3W1/7 and the proof of delivery of notice vide Ex. R3W1/8 and Ex.R3W1/9. He was not cross-examined.
FINDINGS
12. Oral submissions were advanced by Ld. Counsel for the parties.
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 13/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:16:12 +0530
13. I have perused the record and my issue wise findings are as under:-
ISSUE NO. 1 ( IN ALL THE THREE CASES) "Whether the deceased Rohan Kumar and Viraj suffered fatal injuries the petitioner Pooja suffered injuries in an accident that took place on 23.05.2021 at about 02.05 PM involving vehicle bearing registration No. PB-10HE-4462 driven by the Respondent No. 1 rashly and negligently, owned by the Respondent No. 2 and insured with the Respondent No. 3? OPP
14. At the very outset, it may be noted 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 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 in a criminal case, but in a claim petition under the M.V. Act, this burden is infact even lesser than that in a civil case. Reference in this regard can be made to the prepositions 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. MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 14/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:16:18 +0530 Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303 etc.
15. In order to prove the present issue, the mother of the deceased in the lead case was examined as PW-1 for the lead case as well as for connected matters. PW-1 has clearly and categorically deposed in three cases that at the relevant date, time and place time, she alongwith her two sons namely Viraj and Rohan Kumar were going to her parental house at Nathu Pura, Burari, Delhi from Maidan Garhi on Scooty bearing registration no. DL-3SDG-6069 which was being driven by her at a normal speed and on correct side of the road and when they reached at Bypass Ring Road Behind Red Light falling within the jurisdiction of P.S. Kotwali, North District, Delhi, in the meantime a Truck bearing registration no. No. PB-10HE-4462 (Brown Color) (hereinafter referred to as 'offending vehicle') which was being driven by its driver/ R-1 at a very high speed, rashly, negligently, without taking necessary precautions, without proper lookouts, violating the traffic rules and without blowing any horn came from back side and hit her Scooty while overtaking, as a result of this, she fell down on the road alongwith her Scooty due to which her children namely Viraj and Rohan Kumar sustained fatal injuries and she sustained grievous injuries. She further deposed that they were immediately taken to Sushruta Trauma Centre, 9 Metcalf Road, Civil Lines, Delhi, where her son namely Rohan Kumar declared MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 15/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:16:23 +0530 as "brought dead" and her son namely Viraj died during the course of treatment on the same day and their postmortems were conducted at Mortuary, Subzi Mandi, Delhi. She further deposed that she was medically examined by the doctor as she sustained fracture 3rd metatarsal and fracture in her right shoulder and she was discharged on the same day on casting plaster on her right foot. She further stated that her sons namely Viraj & Rohan Kumar were 02 years & 08 years old respectively at the time of accident In totality, it could be safely observed here that PW-1 has withstood the test of cross examination as she has not betrayed any signs of falsity or inconsistency and therefore, her testimony is worth acting upon.
16. The very fact that R-1 has already been charge- sheeted for the offences punishable under Sections 279/337/338/304A/468/471 IPC MV Act in the above criminal case/FIR in itself is a strong circumstance to support the above oral testimony of injured and the case of petitioners on these issues. The copies of FIR, Chargesheet, Site plan, Mechanical inspection reports of offending vehicle as well as Motorcycle MLC, Postmortem Report of deceased, Seizure Memos and Arrest Memo of R-1 also corroborate the oral testimony of injured.
17. Besides the above, R-1 himself was the best witness who could have stepped into the witness box to challenge the MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 16/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:16:31 +0530 deposition being made by injured 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.
18. In view of the above, it could be safely assumed that at the relevant time the offending vehicle hit the Scooty in which the injured was riding at the relevant time.
19. 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 Scooty of the injured Pooja at the relevant time. In the absence of any averment or 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 as well as injured person, 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.
20. In view of the Postmortem Report/ medical records MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 17/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:16:39 +0530 placed on the judicial files by the respective petitioner/s, no dispute is left regarding the death of the deceased persons and the nature of injuries sustained by the injured in the above accident.
21. In view of the above discussion, this Tribunal holds that the deceased persons died and the injured suffered simple injuries on his person on account of neglect and default of R-1 while driving the offending vehicle at the relevant time. In all these issues are thus decided against the respondents and in favour of the petitioner/s in all the above three cases.
ISSUE NO. 2 ( IN ALL THE THREE CASES)
22. As this Tribunal has already held that R1 was responsible for the fatal injuries sustained by the deceased persons and for the injuries sustained by the injured, therefore, the petitioners as well as injured in all the cases are entitled to be compensated justly. Computation of the compensation shall be decided separately for both the sets of petitioners as well as injured in the following paragraphs :-
COMPENSATION IN CASE NO. 842/21 (For Grant of Compensation in respect of the death of deceased Rohan Kumar) :
23. The compensation to which the petitioners are MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 18/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:16:49 +0530 entitled shall be under the following heads:-
PECUNIARY DAMAGES, NON-PECUNIARY DAMAGES (INCLUDING FUTURE PROSPECTS)
24. Hon'ble Delhi High Court has prescribed the method of computation of compensation in cases where minor children have lost their lives in motor vehicle accident in Chetan Malhotra and Ors. Vs. Lala Ram and Ors., MANU/DE/1545/2016 decided on 13.05.2016 The Hon'ble Delhi High Court has passed the following directions in para no. 69 of Chetan Malhotra (supra). The same is reproduced below for ready reference :-
69. Subject to all other requisite conditions being fulfilled, for the foregoing reasons, in order to bring about consistency and uniformity in approach to the issue, it is held that claims for compensation on account of death of children shall be determined as follows:
(i) Till such time as the law is amended by the Legislature, or the Central Government notifies the amendment to the Second Schedule in exercise of the enabling power vested in it by Section 163A(3) of the Motor Vehicles Act, 1988, and except in cases wherein the prospects of employability and earnings (in future or present) of the deceased child are proved by cogent and irrefutable evidence, this having regard, inter alia, to the academic record or training in special talents or skills, for computing the pecuniary damages on account of the loss to estate, the notional MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 19/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:17:10 +0530 income of non-earning persons (Rs. 15,000 p.a.) as specified in the Second Schedule (brought in force from 14.11.1994), shall be assumed to be the income of the deceased child, and taken into account after it is inflation-corrected with the help of Cost Inflation Index (CII) as notified by the Government of India from year to year under Section 48 of the Income Tax Act, 1961, by applying the formula indicated hereinafter.
(ii) For inflation-correction, the financial year of 1997-1998 shall be treated as the "base year"
and the value of the notional income relevant to the date of cause of action shall be computed in the following manner:
Rs. 15,000 x A/331 [wherein the figure of 'Rs. 15,000'. represents the notional income specified in the second schedule requiring inflation- correction; 'A' represents the CII for the financial year in which the cause of action arose (i.e. the accident/death occurred); and the figure of '331'. represents the CII for the 'base year'].
(iii) After arriving at an appropriate figure of the present equivalent value of the notional income (i.e. inflation-corrected amount), it shall be rounded off to a figure in next thousands of rupees.
(iv) The amount of notional income thus calculated shall be reduced to two- third, the deduction to the extent of one-third being towards personal and living expenses of the MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 20/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:17:16 +0530 deceased, the balance taken as the annual loss to estate (hereinafter also referred to as "the multiplicand").
(v) For assessment of the pecuniary damages on account of the death of children up to the age of 10 years, the loss to estate shall be calculated, capitalizing the multiplicand, by applying the multiplier of ten (10).
(vi) For children of the age-group of more than 10 years up to 15 years, the loss to estate shall be calculated by applying the multiplier of fifteen (15).
(vii) For children of the age-group of more than 15 years but less than 18 years, the loss to estate shall be calculated by applying the multiplier of eighteen (18).
(viii) After the pecuniary loss to estate has been worked out in the manner indicated above, an amount equivalent to the amount thus computed shall be added to it as the composite non-pecuniary damages taking care of not only the conventional heads but also towards future prospects as awarded in R.K. Malik v. Kiran Pal, MANU/SC/0809/2009 :
(2009) 14 SCC 1.
(ix) The final sum thus arrived at, appropriately rounded off, if so required to the nearest (if not next) thousands of rupees, shall be awarded as compensation for the death of the child.
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 21/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:17:24 +0530
25. The date of accident is 23.05.2021. Accordingly, the CII for the financial year 2016-17 @ 1125 shall be considered to compute the compensation in terms of the observations made in Chetan Malhotra(supra).
26. PW-1 Smt. Pooja has stated that her son was 08 years of age at the time of accident. As per Copy of Aadhar Card of the deceased Ex.PW1/1 the date of birth of the deceased is 11.12.2012. The date of accident is 23.05.2021 the age of the deceased is mentioned 08 years. Accordingly, the age of the deceased is considered as 08 years at the time of accident.
Since, the deceased was aged less than 8 years at the time of his death, multiplier of '10' is applicable.
27. Now, the inflation corrected notional income of deceased works out as Rs. 50,982/- (rounded off)(Rupees Fifty Thousand Nine Hundred Eighty Two Only) (Rs. 15,000/- X 1125 / 331) per annum. As observed earlier, multiplier of 10 is applicable and 1/3rd of the notional income is to be deducted towards personal living expenses. Accordingly, the pecuniary loss to the estate turns out to be Rs.3,39,880/- (Rs.50,982/- X 2/3 X 10). Upon an equivalent amount being added towards composite non- pecuniary damages, the total compensation payable comes to be Rs.6,79,760/- (Rs.3,39,880/-X 2). The said amount is admissible to the petitioner as a compensation. Further, in terms of propositions laid down by the Hon'ble Supreme MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 22/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:17:33 +0530 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 jointly to an amount of Rs. 15,000/- towards funeral expenses.
COMPENSATION IN CASE NO. 843/21 (For Grant of Compensation in respect of the death of deceased Viraj ):
28. The date of accident is 23.05.2021. Accordingly, the CII for the financial year 2016-17 @ 1125 shall be considered to compute the compensation in terms of the observations made in Chetan Malhotra(supra).
29. PW-1 Smt. Pooja has stated that her son was 02 years of age at the time of accident. As per Copy of Aadhar Card of the deceased Ex.PW1/4 the date of birth of the deceased is 01.07.2019. The date of accident is 23.05.2021 the age of the deceased is mentioned 02 years. Accordingly, the age of the deceased is considered as 02 years at the time of accident. Since, the deceased was aged less than 10 years at the time of his death, multiplier of '10' is applicable.
30. Now, the inflation corrected notional income of deceased works out as Rs. 50,982/- (rounded off)(Rupees Fifty Thousand Nine Hundred Eighty Two Only) (Rs. 15,000/- X 1125 / 331) per annum. As observed earlier, multiplier of 10 is applicable and 1/3rd of the notional MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 23/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:18:08 +0530 income is to be deducted towards personal living expenses. Accordingly, the pecuniary loss to the estate turns out to be Rs.3,39,880/- (Rs.50,982/- X 2/3 X 10). Upon an equivalent amount being added towards composite non- pecuniary damages, the total compensation payable comes to be Rs.6,79,760/- (Rs.3,39,880/-X 2). The said amount is admissible to the petitioner as a compensation. Further, 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 jointly to an amount of Rs. 15,000/- towards funeral expenses.
COMPENSATION IN CASE NO. 841/21 (For Grant of Compensation in respect of the injuries sustained by Injured Pooja) :
31. In terms of provisions contained in Section 168 of the MV Act the compensation which is to be awarded by this tribunal is required to be 'just'. In the injury cases a claimant is entitled to two different kinds of compensations i.e. pecuniary as well as non-pecuniary damages. The pecuniary damages or special damages are those damages which are awarded and designed to make good the losses which are capable of being calculated in terms of money and the object of awarding these damages is to indemnify the claimant for the expenses which he had already incurred or is likely to incur in respect of the injuries MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 24/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:18:13 +0530 suffered by him in the accident. The non-pecuniary or general damages are those damages which are incapable of being assessed by arithmetical calculations. The pecuniary or special damages generally include the expenses incurred by the claimant towards his treatment, special diet, conveyance, cost of nursing/ attendant, loss of income/earning capacity etc. and the non- pecuniary damages generally include the compensation for the mental or physical shock, pain and sufferings, loss of amenities of life, marriage prospects and disfiguration etc. The above categories falling under both the heads of compensation are not exhaustive in nature but only illustrative. It is also necessary to state here that no amount of money or compensation can put the injured/claimant exactly in the same position or place where he was before the accident and an effort is to be made only to reasonably compensate him or to put him almost in the same place or position where he could have been if the alleged accident had not taken place and this compensation is to be assessed in a fair, reasonable and equitable manner. The object of compensating him is also not to reward him or to make him rich in an unjust manner. It is also well settled that the 'just' compensation to be awarded to the claimant has to be calculated objectively and it may involve some guess work in calculating the different amounts which the claimant may be entitled under the different heads of compensation. Reference in this regard can be made on some of important judgments on the subject like the judgment in the case of R.D. Hattangadi Vs. Pest Control MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 25/48 Digitally signed
PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:18:17 +0530 (India) Pvt. Ltd., AIR 1995 SC 755, Arvind Kumar Mishra Vs. New India Assurance Company Limited, (2010) 10 SCC 254 and Raj Kumar Vs. Ajay Kumar & Anr., (2011) 1 SCC
343.
32. In light of the above legal propositions, the amount of compensation which could be considered to be 'just' in the opinion of this tribunal shall be as under:-
(i) Medical or Treatment Expenses
33. The injured Pooja has not filed any medical bills. Hence, nothing is awarded under this head to the injured Pooja under this head.
(ii) Pain and Suffering
34. As per medical records, the Injured Pooja sustained simple injuries. It is not possible to quantify the compensation admissible to Injured Pooja for the shock, pain and sufferings etc. which he actually suffered because of the above injuries, but as stated above, an effort has to be made to compensate her for the same in a just and reasonable manner. Hence, keeping in view the extent and nature of the injuries suffered by Injured Pooja and duration of the treatment taken by her etc., an amount of Rs.25,000/ is being awarded to her towards pain and sufferings during the said period of her treatment and immobility. Thus, he MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 26/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:18:22 +0530 is awarded a total amount of Rs.25,000/ under this head.
(iii) Loss of Income
35. In affidavit Ex. PW/A, the injured has not mentioned any nature of work she used to do at the time of accident. Hence, nothing is awarded under this head to the injured Pooja under this head.
(iv) Conveyance, Special Diet, Attendant Charges & Amenities of life
36. In view of the nature of injuries sustained by the injured Pooja, and the extended period of medical treatment, the injured Pooja is granted a sum of Rs. 25,000/- each under these heads.
ISSUE NO.3 / RELIEF
37. The petitioners (IN CASE NO. 842/21 (For Grant of Compensation in respect of the death of deceased Rohan Kumar) are thus awarded a sum of Rs.6,94,760/- (Rupees Six Lakhs Ninety Four Thousand Seven Hundred Sixty Only) (Rs.6,79,760/- + Rs. 15,000/-) along with interest @ 8% per annum from the date of filing of DAR i.e. 22.11.2021. Since no interim compensation has been awarded, therefore no deduction is applicable.
38. The petitioners (IN CASE NO. 843/21 (For MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 27/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:18:42 +0530 Grant of Compensation in respect of the death of deceased Viraj) are thus awarded a sum of Rs.6,94,760/- (Rupees Six Lakhs Ninety Four Thousand Seven Hundred Sixty Only) (Rs.6,79,760/- + Rs. 15,000/-) along with interest @ 8% per annum from the date of filing of DAR i.e. 22.11.2021. Since no interim compensation has been awarded, therefore no deduction is applicable.
39. The Injured Pooja (IN CASE NO. 841/21 (For Grant of Compensation in respect of the injuries sustained by Injured Pooja) is thus awarded a sum of Rs. 1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) ( Rs.25,000/- + 25,000/- + Rs.25,000/- + Rs.25,000/- + Rs. 25,000/) along with interest @ 8% per annum from the date of filing of DAR i.e. 22.11.2021. Since no interim compensation has been awarded, therefore no deduction is applicable.
RELEASE IN CASE NO. 842/21 (For Grant of Compensation in respect of the death of deceased Rohan Kumar) :
40. On 12/10/2023, financial statements of Petitioners No. 1 & 2 qua financial needs and requirements were 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 expenditures are Rs. MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 28/48 Digitally signedPANKAJ SHARMA by PANKAJ SHARMA Date: 2023.12.15 15:18:50 +0530 25,000/- respectively. Photocopies of the passbooks of the bank accounts of the petitioners maintained with State Bank of India, Branch Tis Hazari Courts, Delhi were also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners, apart from two coloured photographs of the petitioners respectively.
40.1 Out of the awarded amount, Petitioners No. 1 & 2 are awarded a sum of Rs.3,40,000/- each (Rupees Three Lakhs Forty Thousand Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 17 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 17 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 SB Account of Petitioner No. 1 bearing No. 42060976477 IFSC Code - SBIN0000726, maintained with SBI, Branch - Tis Hazari Courts, Delhi (PAN No.CWSPK6631D ) on monthly basis AND n the savings/MACT Claims SB Account of Petitioner No. 2 bearing No. 42060866410 IFSC Code - SBIN0000726, maintained with SBI, Branch - Tis Hazari Courts, Delhi (PAN No. CEDPP6363L) on monthly basis. The MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 29/48 Digitally signed by PANKAJ PANKAJ SHARMA
SHARMA Date: 2023.12.15
15:18:58 +0530
remaining amount of Rs.62,961/- each (Rupees Sixty Two Thousand Nine Hundred Sixty One Only) is also directed to be released into their above said accounts, which can be withdrawn and utilized by the Petitioners No. 1 & 2.
RELEASE IN CASE NO. 843/21 (For Grant of Compensation in respect of the death of deceased Viraj) :
41. On 12/10/2023, financial statements of Petitioners No. 1 & 2 qua financial needs and requirements were 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 expenditures are Rs. 25,000/- respectively. Photocopies of the passbooks of the bank accounts of the petitioners maintained with State Bank of India, Branch Tis Hazari Courts, Delhi were also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners, apart from two coloured photographs of the petitioners respectively.
41.1 Out of the awarded amount, Petitioners No. 1 & 2 are awarded a sum of Rs.3,40,000/- each (Rupees Three Lakhs Forty Thousand Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 17 monthly fixed deposit MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 30/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:19:04 +0530 receipts (FDRs) payable in equal amounts for a period of 1 to 17 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 SB Account of Petitioner No. 1 bearing No. 42060976477 IFSC Code - SBIN0000726, maintained with SBI, Branch - Tis Hazari Courts, Delhi (PAN No.CWSPK6631D ) on monthly basis AND n the savings/MACT Claims SB Account of Petitioner No. 2 bearing No. 42060866410 IFSC Code - SBIN0000726, maintained with SBI, Branch - Tis Hazari Courts, Delhi (PAN No. CEDPP6363L) on monthly basis. The remaining amount of Rs.62,961/- each (Rupees Sixty Two Thousand Nine Hundred Sixty One Only) is also directed to be released into their above said accounts, which can be withdrawn and utilized by the Petitioners No. 1 & 2.
RELEASE IN CASE NO. 841/21 (For Grant of Compensat ion in respect of the injuries sustained by Injured Pooja):
42. On 12/10/2023, financial statements of injured Pooja qua financial needs and requirements were 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 her MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 31/48 Digitally signedPANKAJ SHARMA by PANKAJ SHARMA Date: 2023.12.15 15:19:09 +0530 statements, her household expenditures are Rs. 25,000/- respectively. Photocopies of the passbooks of the bank accounts of the petitioners maintained with State Bank of India, Branch Tis Hazari Courts, Delhi were also placed on record at that time. Photocopies of Aadhar Cards and PAN Cards were also placed on record by the petitioners, apart from two coloured photographs of the injured.
42.1 Out of the awarded amount, injured Pooja is awarded a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 06 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 06 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 SB bearing No. 42060866410 IFSC Code - SBIN0000726, maintained with SBI, Branch - Tis Hazari Courts, Delhi (PAN No. CEDPP6363L) on monthly basis. The remaining amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the injured Pooja.
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 32/48Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.15 15:19:18 +0530 LIABILITY
43. 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 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 petitioner 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.
44. A digital copy of this award be forwarded to the parties free of cost. Ahlmad is directed to send the copy of MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 33/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:19:23 +0530 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).
45. 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 & 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.
46. 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.
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 34/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:19:32 +0530 A separate file be prepared for compliance report and put up the same on 15.01.2024.
Digitally signed by PANKAJAnnounced in the open court PANKAJ SHARMA Date: SHARMA on this 15.12.2023 2023.12.15 15:19:37 +0530 (DR. PANKAJ SHARMA) PO MACT-02 (CENTRAL) DELHI MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 35/48 Digitally signed byPANKAJ PANKAJ SHARMA SHARMA Date: 2023.12.15 15:19:42 +0530 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. : 23.05.2021
2. Name of the deceased : Rohan Kumar
3. Age of the deceased : 08 years
4. Occupation of the deceased : N.A.
5. Income of the deceased : Rs. 50,981.872/-
(rounded off) (Rs.
15,000/- X 1125/
331) per annum, rounded off to Rs.
50,982/-.
6. Name, age and relationship of legal representative of deceased:-
S. Name Age Relation No. (1) Ajay Kumar 41 Years Father of the deceased (ii) Pooja 31 Years Mother of the deceased MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 36/48 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA 15:19:47 Date: 2023.12.15 +0530 Computation of Compensation Sr. Heads Awarded by the Claim Tribunal No. 7. Income of the Rs. 50,981.87/- (Rs. 15,000/- X deceased(A) 1125 / 331) per annum, rounded off to Rs. 50,982/- 8. Add-Future Prospects --- (B) 9. Less-Personal expenses 1/3rd of Rs. 50,982/- of the deceased(C) 10. Monthly loss of ---- dependency[(A+B)- C=D] 11. Annual loss of ---- dependency (Dx12) 12. Multiplier(E) '10' (as per Chetan Malhotra vs. Lal Ram) 13. Total loss of dependency ---- (Dx12xE= F) 14. Medical Expenses(G) ---- 15. Compensation for loss of ---- love and affection(H) 16. Compensation for loss of --- consortium(I)
17. Compensation for loss of Rs. 3,39,880/- (Rs. 50,982/- X 2/3 estate(J) X 10)
18. Compensation towards Rs. 15,000/-
funeral expenses(K)
19. TOTAL Rs. 6,94,760/- (as per Chetan COMPENSATION Malhotra Vs. Lala Ram (F+G+H+I+J+K=L) judgment) MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 37/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:19:52 +0530
20. RATE OF INTEREST 8% per annum AWARDED
21. Interest amount up to the Rs.1,11,162/- (rounded off) date of award (M)
22. Total amount including Rs.8,05,922/-
interest (L + M)
23. Award amount released P-1: Rs. 62,961/-
P-2: Rs. 62,961/-
24. Award amount kept in As per award
FDRs
25. Mode of disbursement of Mentioned in the award
the award amount to the
petitioner(s)
26. Next date for compliance 15/01/2024
of the award.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2023.12.15
15:19:58 +0530
(DR. PANKAJ SHARMA)
Judge, MACT-02(Central)
Delhi/15/12/2023
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 38/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:20:02 +0530 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. : 23.05.2021
2. Name of the deceased : Viraj
3. Age of the deceased : 02 years
4. Occupation of the deceased : N.A.
5. Income of the deceased : Rs. 50,981.872/-
(rounded off) (Rs.
15,000/- X 1125/
331) per annum, rounded off to Rs.
50,982/-.
6. Name, age and relationship of legal representative of deceased:-
S. Name Age Relation No. (1) Ajay Kumar 40 Years Father of the deceased (ii) Pooja 31 Years Mother of the deceased Computation of Compensation MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 39/48 Digitally signed PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:20:08 +0530 Sr. Heads Awarded by the Claim Tribunal No. 7. Income of the Rs. 50,981.87/- (Rs. 15,000/- X deceased(A) 1125 / 331) per annum, rounded off to Rs. 50,982/- 8. Add-Future Prospects --- (B) 9. Less-Personal expenses 1/3rd of Rs. 50,982/- of the deceased(C) 10. Monthly loss of ---- dependency[(A+B)- C=D] 11. Annual loss of ---- dependency (Dx12) 12. Multiplier(E) '10' (as per Chetan Malhotra vs. Lal Ram) 13. Total loss of dependency ---- (Dx12xE= F) 14. Medical Expenses(G) ---- 15. Compensation for loss of ---- love and affection(H) 16. Compensation for loss of --- consortium(I)
17. Compensation for loss of Rs. 3,39,880/- (Rs. 50,982/- X 2/3 estate(J) X 10)
18. Compensation towards Rs. 15,000/-
funeral expenses(K)
19. TOTAL Rs. 6,94,760/- (as per Chetan COMPENSATION Malhotra Vs. Lala Ram (F+G+H+I+J+K=L) judgment)
20. RATE OF INTEREST 8% per annum AWARDED MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 40/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:20:12 +0530
21. Interest amount up to the Rs.1,11,162/- (rounded off) date of award (M)
22. Total amount including Rs.8,05,922/-
interest (L + M)
23. Award amount released P-1: Rs. 62,961/-
P-2: Rs. 62,961/-
24. Award amount kept in As per award
FDRs
25. Mode of disbursement of Mentioned in the award
the award amount to the
petitioner(s)
26. Next date for compliance 15/01/2024
of the award.
Digitally signed
by PANKAJ
SHARMA
PANKAJ Date:
SHARMA 2023.12.15
15:20:19
+0530
(DR. PANKAJ SHARMA)
Judge, MACT-02(Central)
Delhi/15/12/2023
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 41/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:20:27 +0530 MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 42/48 Digitally signed by PANKAJ
PANKAJ SHARMA Date:
SHARMA 2023.12.15 15:20:31 +0530 FORM - XVI, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE OF Pooja
1. Date of accident : 23.05.2021
2. Name of the injured : Pooja
3. Age of the injured : 31 Years
4. Occupation of the injured : NIL
5. Income of the injured : NIL
6. Nature of injury : Simple
7. Medical treatment taken : Different Hospitals
8. Period of Hospitalization : NIL
9. Whether any permanent disability ? If yes, give details : No
10. Computation of Compensation MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 43/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:20:39 +0530 S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(i) Expenditure on treatment NIL
(ii) Expenditure on conveyance Rs.25,000/- each
(iii) Expenditure on special diet
(iv) Cost of nursing/attendant
(v) Cost of artificial limb NIL
(vi) Loss of earning capacity NIL
(vii) Loss of Income NIL
(viii) Any other loss which may Rs.25,000/-
require any special treatment or aid to the injured for the rest of his life (Loss of Studies) MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 44/48 Digitally signed by PANKAJPANKAJ SHARMA SHARMA Date:
2023.12.15 15:20:46 +0530
12. Non-Pecuniary Loss:
(i) Compensation for mental NIL
and physical shock
(ii) Pain and suffering Rs.25,000/-
(iii) Loss of amenities of life Rs.25,000/-
(iv) Disfiguration NIL
(v) Loss of marriage prospects NIL
(vi) Discomfort, Inconvenience NIL
and Loss of earnings to the
Parents during the period of
hospitalization
13. Disability resulting in loss of earning capacity:
(I) Percentage of disability NIL assessed and nature of disability as permanent or temporary MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 45/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:20:51 +0530
(ii) Loss of amenities or loss of N.A expectation of life span on account of disability
(iii) Percentage of loss of N.A. earning capacity in relation to disability
(iv) Loss of future income - N.A. (Income x% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.1,25,000/-
15. INTEREST AWARDED 8% per annum
16. Interest amount up to the Rs.20,000/-
date of award
17. Total amount including Rs.1,45,000/-
interest
18. Award amount released Rs.25,000/ MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 46/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:20:56 +0530
19. Award amount kept in As per award FDRs
20. Mode of disbursement of Mentioned in the award the award amount to the petitioners(s).
21. Next date for compliance 15/01/2024 of the award.
MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 47/48 Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2023.12.15 15:21:02 +0530 CONCLUSION
1. As per award dated 15.12.2023.
2. A separate file was ordered to be prepared by the Nazir with directions to put up the same on 15.01.2024 Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2023.12.15 15:21:08 +0530 (DR. PANKAJ SHARMA) PO MACT-02 (CENTRAL) DELHI/15/12/2023 MACT No. 842/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors. MACT No. 843/21 Ajay Kumar & Ors. Vs. Shiva Bahadur & Ors.
MACT No. 841/21 Pooja Vs. Shiva Bahadur & Ors. . Page No. 48/48
Digitally
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2023.12.15
15:21:13
+0530