Delhi District Court
Deepak vs . Byas & Ors. on 2 November, 2018
1
IN THE COURT OF SH. PARAMJIT SINGH PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
Deepak Vs. Byas & Ors.
MACP No. : 1128/16
CNR No.DLSW010001802013
Deepak
S/o Sh. Dinesh Chand
R/o J26, Gali No. 39,
Rajapuri, Uttam Nagar,
New Delhi. ... Petitioner
Vs.
1. Sh. Byas (Driver)
S/o Sh. Nand
R/o F226, Gali No. 25,
Nand Vihar,
Main Dwarka, Delhi
2. B.P. Tour & Travels (Owner)
GF14, Apka City Plaza,
Civil Line, Gurgaon.
3 National Insurance Company Ltd. (Insurer)
DROII, Jhandewalan Extension,
New Delhi. ... Respondents
Pankaj Vs. Byas & Ors.
MACP No. : 1134/16
CNR No.DLSW010001832013
Sh. Pankaj
S/o Sh. Ghan Shyam
R/o D29, Solanki Market,
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 1/34
2
Madhu Vihar, Uttam Nagar,
New Delhi ... Petitioner
Vs.
1. Sh. Byas (Driver)
S/o Sh. Nand
R/o F226, Gali No. 25,
Nand Vihar,
Main Dwarka, Delhi
2. B.P. Tour & Travels (Owner)
GF14, Apka City Plaza,
Civil Line, Gurgaon.
3 National Insurance Company Ltd. (Insurer)
DROII, Jhandewalan Extension,
New Delhi. ... Respondents
Date of institution of MACP No. 1128/16 31.07.2013
Date of institution of MACP No. 11340/16 31.07.2013
Date on which, judgment have been reserved03.10.2018
Date of pronouncement of judgment 02.11.2018
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1128/16 Deepak Vs. Byas & Ors.)
1 Date of the accident 03.04.2013
2 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Claims Tribunal ( Clause 2)
3 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Insurance Company (Clause 2)
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 2/34
3
4 Date of filing of Report under Section 173 Cr. PC before Not clear from record
the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information Report 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
9 If not, whether deficiencies in the DAR removed later on? N.A
10 Whether the police has verified the documents filed with Yes
DAR? (Clause 4)
11 Whether there was any delay or deficiency on the part of No
the Investigating Officer? If so, whether any action /
direction warranted?
12 Date of appointment of the Designated Officer by the Not clear from record
Insurance company ( Clause 20 )
13 Name, address and contact number of the Designated Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
Company submitted his report within 30 days of the
DAR? ( Clause 22 )
15 Whether the Insurance Company admitted the liability? If No
so, whether the Designated Officer of the Insurance
Company fairly computed the compensation in accordance
with law ( Clause 23 )
16 Whether there was any delay or deficiency on the part of No
the Designated Officer of the Insurance Company? If so,
whether any action / directions warranted?
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 3/34
4
17 Date of response of the claimant (s) to the offer of the N.A
Insurance Company. ( Clause 24)
18 Date of Award 02.11.2018
19 Whether the award was passed with the consent of the No.
parties? ( Clause 22)
20 Whether the claimant (s) were directed to open savings
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 01.03.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction tot
he bank not issue any cheque book/debit card to the
claimants (s) and make an endorsement to this effect on
the passbook(s) (Clause 18 )
22 Date on which the claimant(s) produced the passbook of 28.04.2018
their savings bank account near the place of their
residence alongwith the endorsement, PAN Card and
Adhaar Card? (Clause 18 )
23 Permanent Residential Address of the Claimant(s) J26, Street No. 39, Raja Puri,
(Clause 27 ) Uttam Nagar, New Delhi
24. Details of savings bank account(s) of the claimant(s) and SB account no.37613538712 at
the address of the bank with IFSC Code( Clause 27) SBI, Central Market,Sector 10,
Dwarka, New Delhi (IFSC
No. SBIN0004384).
25 Whether the claimant(s) savings bank account(s) is near Yes
his place of residence ? (Clause 27)
26 Whether the claimant(s) were examined at the time of Yes
passing of the award to ascertain his/their financial
condition? ( Clause 27)
27 Account number, MICR number, IFSC Code, name and Account No. 37665510911 at
branch of the bank of the Claims Tribunal in which the SBI, District Court Complex,
award amount is to be deposited/transferred. Sector10, Dwarka New Delhi,
(IFSC Code SBIN0011566 and
MICR Code 110002483)
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 4/34
5
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
( In MACP No. 1134/16 Pankaj Vs. Byas & Ors.)
1 Date of the accident 03.04.2013
2 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Claims Tribunal ( Clause 2)
3 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Insurance Company (Clause 2)
4 Date of filing of Report under Section 173 Cr. PC before Not clear from record
the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information Report 31.07.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 31.07.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 31.07.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
9 If not, whether deficiencies in the DAR removed later on? N.A
10 Whether the police has verified the documents filed with Yes
DAR? (Clause 4)
11 Whether there was any delay or deficiency on the part of No
the Investigating Officer? If so, whether any action /
direction warranted?
12 Date of appointment of the Designated Officer by the Not clear from record
Insurance company ( Clause 20 )
13 Name, address and contact number of the Designated Not clear from record
Officer of the Insurance Company ( Clause 20 )
14 Whether the Designated Officer of the Insurance No
Company submitted his report within 30 days of the
DAR? ( Clause 22 )
15 Whether the Insurance Company admitted the liability? If No
so, whether the Designated Officer of the Insurance
Company fairly computed the compensation in accordance
with law ( Clause 23 )
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 5/34
6
16 Whether there was any delay or deficiency on the part of No
the Designated Officer of the Insurance Company? If so,
whether any action / directions warranted?
17 Date of response of the claimant (s) to the offer of the N.A
Insurance Company. ( Clause 24)
18 Date of Award 02.11.2018
19 Whether the award was passed with the consent of the No.
parties? ( Clause 22)
20 Whether the claimant (s) were directed to open savings
bank accounts (s) near their place of residence ? ( Clause Yes
18)
21 Date of order by which claimant(s) were directed to open 01.03.2018
savings bank accounts(s) near his place of residence and
produce PAN Card and Adhaar Card and the direction to
the bank not issue any cheque book/debit card to the
claimants (s) and make an endorsement to this effect on
the passbook(s) (Clause 18 )
22 Date on which the claimant(s) produced the passbook of 20.07.2018
their savings bank account near the place of their
residence alongwith the endorsement, PAN Card and
Adhaar Card? (Clause 18 )
23 Permanent Residential Address of the Claimant(s) R/o D29, Solanki Market,
(Clause 27 ) Madhu Vihar, Uttam Nagar,
New Delhi
24. Details of savings bank account(s) of the claimant(s) and SB account no. 117510015246
the address of the bank with IFSC Code( Clause 27) at Dena Bank, Sector 12,
Dwarka, New Delhi (IFSC
No. BKDN0711175 ).
25 Whether the claimant(s) savings bank account(s) is near Yes
his place of residence ? (Clause 27)
26 Whether the claimant(s) were examined at the time of Yes
passing of the award to ascertain his/their financial
condition? ( Clause 27)
27 Account number, MICR number, IFSC Code, name and Account No. 37665510911 at
branch of the bank of the Claims Tribunal in which the SBI, District Court Complex,
award amount is to be deposited/transferred. Sector10, Dwarka New Delhi,
(IFSC Code SBIN0011566 and
MICR Code 110002483)
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 6/34
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JUDGMENT:
Vide this common judgment, I shall dispose of two cases/DAR bearing MACP No. 1128/16 and MACP No.1134/16 pertaining to the same road traffic accident, which took place on 03.04.2013.
The first case/DAR (bearing MACP No. 1128/16) has been filed qua the injuries caused to petitioner/ injured Deepak in a road traffic accident dated 03.04.2013.
The connected case/DAR (bearing MACP No. 1134/16) has been filed qua the injuries sustained by petitioner/ injured Pankaj in the same road traffic accident.
2. Brief facts as made out from the abovesaid DAR are that 03.04.2013, petitioner Deepak alongwith his friend Pankaj were going on motorcycle from Nangli Dairy via old Palam road and at that time, the said motorcycle was being driven by Pankaj and Deepak was the pillion rider thereon. It is further stated that when they reached near Chaudhary Sweet Dairy, old Palam road, Dwarka at about 9:00 PM, one Tata Sumo bearing no. HR 55NT 8472 came at a high speed, in a very rash and negligent manner and hit the motorcycle as a result of which, the petitionersDeepak & Pankaj fell down and received injuries. It is stated that after the accident, public persons gathered there and caught hold of the driver of the Tata Sumo and someone informed the police and thereafter, PCR took the petitioners to DDU hospital. It is also stated that the abovesaid accident occurred due to rash and negligent driving of the respondent, who was driving the said vehicle at excessive speed and he was solely and entirely responsible for the accident. Accordingly, the present case was registered vide FIR No. 97/13 u/s 279/337/338 IPC at PS Dwarka North.
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 7/34 8 On conclusion of the investigation, the present DAR (bearing MACP No. 1128/16) has been filed by the IO qua the injuries sustained by petitioner/ injured Deepak in the abovesaid accident. Further, the connected DAR (bearing MACP No. 1134/16) has been filed by the IO qua the injuries sustained by petitioner/ injuredPankaj in the same accident.
3. In its reply, R3/National Insurance Company Ltd. has stated that driver of the alleged offending vehicle was not holding a valid and effective driving licence at the time of accident and as such, the insured has violated the term and conditions of the insurance policy and therefore, the insurance company was not liable to pay any compensation. It is further stated that the offending vehicle no. HR 55NT 8472 was insured with the insurance company vide policy no. 361102/ 31/ 12/ 6300002284 for the period from 01.07.2012 to 30.06.2013 in the name of M/s. B.P. Tours & Travels, which covers the date of accident i.e. 03.04.2013 under the terms and conditions of the insurance policy. It is also stated that this court may adjudicate the matter under the provisions of law and dismiss the case against the respondent because the insured has violated the terms and conditions of the insurance policy.
4. It is pertinent to mention here that WS has not been filed in both these cases/DAR on behalf of R1Byas (driver) and R2 B.P. Tour & Travels (owner of the offending vehicle) and accordingly, their right to file reply was closed vide order dated 25.09.2013 passed by one of the Ld. Predecessors of this court.
5. In the case/DAR bearing MACP No.1128/16, on the basis of the pleadings of the parties, the following issues were framed on 25.09.2013 passed by one of the Ld. Predecessors of this court.
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 8/34 9 ISSUES :
1. Whether the claimant received injuries in an accident on 03.04.2013 caused by respondent no.1, while driving vehicle bearing no. HR 55NT 8472, rashly and negligently, owned by respondent no. 2 and insured with respondent no. 3 ? ...OPP
2. If yes, what is the amount of compensation which the claimant is entitled to received and from which respondent ? ...OPP
3. Relief.
6. In the case/DAR bearing MACP No.1134/16, on the basis of the pleadings of the parties, the following issues were framed on 25.09.2013 passed by one of the Ld. Predecessors of this court.
ISSUES :
1. Whether the claimant received injuries in an accident on 03.04.2013 caused by respondent no.1, while driving vehicle bearing no. HR 55NT 8472, rashly and negligently, owned by respondent no. 2 and insured with respondent no. 3 ? ...OPP
2. If yes, what is the amount of compensation which the claimant is entitled to received and from which respondent ? ...OPP
3. Relief.
7. In the case/DAR bearing MACP No.1128/16, petitioner/ injuredDeepak has examined himself as PW1 and he has also examined PW2 Dr. V.K. Jain, from Jainak Medical and Orthopedic Centre, Janak Puri, New Delhi and PW3 Sh. Sunil Bhardwaj, Proprietor, TCS Services, Gurgaon and thereafter, PE was closed on behalf of the said petitioner/ injured.
In the connected case/DAR bearing MACP No.1134/16, petitioner/ (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 9/34 10 injured Pankaj has examined himself as PW1 and thereafter, PE was closed on behalf of the said petitioner/ injured.
8. In RE, R3/Insurance Company has examined R3W1 Smt Rachna, Administrative Officer, National Insurance Company Ltd.
9. I have heard the arguments in both these cases/DAR (bearing MACP No.1128/16 and MACP No.1134/16) put forward by Ld. counsels for the petitioners/injured and R3/ insurance company and have carefully gone through record of the case. I have carefully considered the evidence led by the petitioners/ injured in support of their respective case and RE led on behalf of R3/ Insurance Company. I have also carefully perused written submissions filed on behalf of the petitioners/injured and R3/ insurance company.
It is pertinent to mention here that the arguments have not been addressed in both these cases/DAR on behalf of R1 Byas (driver) and R2 B.P. Tour & Travels (owner of the offending vehicle), despite opportunity being given.
10. The issuewise findings are as under :
11. ISSUE No. 1 in both the cases/DAR bearing MACP No.1128/16 and MACP No. 1134/16 Whether the claimants received injuries in an accident on 03.04.2013 caused by respondent no.1, while driving vehicle bearing no. HR 55NT 8472, rashly and negligently, owned by respondent no. 2 and insured with respondent no. 3 ? ...OPP The onus to prove the abovesaid issue no. 1 was upon the petitioners/ (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 10/34 11 injured and in order to discharge the said onus, the petitionerDeepak (petitioner injured in MACP No.1128/16) has filed his evidence by way of affidavit ( Ex. PW1/A), wherein it has been stated that 03.04.2013, he alongwith his friend Pankaj were going on motorcycle from Nangli Dairy via old Palam road and at that time, the said motorcycle was being driven by Pankaj and he was the pillion rider thereon. PW Deepak further deposed that when they reached near Chaudhary Sweet Dairy, old Palam road, Dwarka at about 9:00 PM, one Tata Sumo bearing no. HR 55NT 8472 came at a high speed, in a very rash and negligent manner and hit the motorcycle as a result of which, they fell down and received injuries. PW1 deposed that after the accident, public persons gathered there and caught hold of the driver of the Tata Sumo and someone informed the police and thereafter PCR took the petitioner to DDU hospital. PW Deepak also deposed that abovesaid accident occurred due to rash and negligent driving of the respondent, who was driving the said vehicle at excessive speed and he was solely and entirely responsible for the accident.
Regarding issue no.1, PWPankaj (petitionerinjured in MACP No.11346/16) has deposed that on 03.4.2013, he was going alongwith his friend Deepak from Nangli Dairy to Old Palam Road on a motorcycle bearing no. DL 4SBU 9647, which was being driven by him and when they reached near Chaudhary Sweet Dairy, driver of Tata Sumo no. HR 55 NT 8472, who was driving his vehicle in rash and negligent manner, hit his motorcycle injuring him and pillion rider.
The important fact is that the abovesaid witnesses i.e. PW Deepak and PW Pankaj were cross examined on behalf respondent no.3/ insurance company, but nothing material has come on record which could assail the credibility or trustworthiness of these witnesses.
In his cross examination by the Ld. counsel for R3/Insurance company, (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 11/34 12 PW Deepak stated that the motorcycle on which he was the pillion rider at the time of accident was registered in his name. He further stated that on the day of accident, he was driving the motorcycle and both of them were wearing helmets at the time of accident. PW Deepak denied the suggestion that accident was due to negligence of his friend Pankaj. PW Deepak also denied the suggestion that Pankaj was driving the motorcycle at a fast speed or that if Pankaj was not negligent, accident would not have taken place. Further, in his cross examination by the Ld. counsel for R3/ Insurance company, PW Pankaj denied the suggestion that accident was due to his own negligence and he had suffered no injury in the accident. In these circumstances, nothing material has come on record which could shake the credibility of these witnesses qua their deposition regarding the manner in which the accident was caused in this case.
Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that petitioners/ injuredDeepak and Pankaj sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. HR 55NT 8472 which was being driven by Byas, owned by R2 B.P Tour & Travels and insured with R3/ National Insurance Company Ltd at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners/ injured and against the respondents.
12. ISSUE No. 2 ( MACP No. 1128/16) If yes, what is the amount of compensation which the claimant is entitled to received and from which respondent ? ...OPP The onus to prove the abovesaid issue no. 2 in MACP No. 1128/16 was upon the petitioner/ injuredDeepak and in order to discharge the said onus, the (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 12/34 13 petitioner/injuredDeepak has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that he had received grievous injuries in the accident caused due to rash and negligent driving of the offending vehicle bearing no. HR 55 NT 8472 driven by R1 Byas. PW1 further deposed that after the accident, public persons gathered there and caught hold of the driver of the Tata Sumo and someone informed the police and thereafter, PCR took the him to DDU hospital. PW1 deposed that he remained admitted at Jainak Medical & Orthopedic Centre, New Delhi from 04,04.2013 to 14.04.2013, where he was operated upon and got the treatment for the injuries sustained by him in the accident. PW1 further deposed that due to the accident, he remained unable to move from the bed which resulted in loss of earning to him and substantial financial loss has been caused to him and his family members due to the accident. PW1 deposed that prior to accident, he was doing a job of Office Assistant and was getting salary of Rs.14,000/pm. PW1 has also relied upon the documents i.e. FIR, DAR, treatment record at DDU hospital, treatment record at Jainak Medical & Orthopedic Centre, salary certificate, bills for treatment and his voter I card and he has proved the said documents as Ex. PW1/1 to Ex. PW1/6 respectively.
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/injuredDeepak sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. HR 55NT 8472 which was being driven by R1 Byas, owned by R2 B.P Tour & Travels and insured with R3/ National Insurance Company Ltd at the time of accident and as such, petitioner / injuredDeepak has become entitled to claim compensation for the injuries caused to him in the abovesaid accident.
13. Quantum of compensation payable to the petitioner/injuredDeepak (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 13/34 14 (MACP No. 1128/16) is ascertained under the following heads:
14. NATURE AND EXTENT OF INJURIES As per the medical treatment record/discharge summary (Ex. PW1/4 ), petitioner/injured Deepak is a case of compound fracture lower bend femur Rt.
Further as per Disability Certificate No.F.1/DDU/MB/2015/7367 dated 21.4.2015 issued by DDU Hospital, Hari Nagar, New Delhi the petitioner/ injured Deepak has 52% permanent physical disability in relation to right lower limb.
15. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Deepak has undergone initial treatment at DDU Hospital, Hari Nagar , New Delhi and thereafter he also remained admitted at Jainak Medical and Orthopedic Centre, Janak Puri , New Delhi from 04.4.2013 to 14.4.2013.
In the instant case, petitioner/injuredDeepak (PW1) deposed that after the accident, PCR took him to DDU Hospital and thereafter he also remained admitted at Jainak Medical and Orthopedic Centre, Janak Puri, New Delhi from 04.4.2013 to 14.4.2013, where he was operated upon and got the treatment for the injuries sustained by him in the accident. Further, in regard to the treatment undergone by him , petitioner/injured has placed on record the medical bills, Ex. PW1/6 ( colly.) amounting to Rs. 61,974/ & Ex. PW1/7 ( colly.) amounting to Rs.2,00,138/. There is no reason to doubt the said bills, Ex. PW1/6 ( colly.) & Ex. PW1/7 ( colly.). In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 61,974 + 2,00,138 = Rs. 2,62,112/ and accordingly , the petitioner / injured Deepak is awarded the said amount i.e (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 14/34 15 Rs. 2,62,112/ (Rupees Two Lacs, Sixty Two Thousand, One Hundred Twelve Only ) towards medicines and medical treatment.
16. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Deepak is a case of compound fracture lower bend femur Rt.. In these circumstances, the petitioner/injured must have visited the hospital / doctors for his treatment and would also have required special diet for certain period to recover from the injuries sustained in the accident.
In the instant case, in regard to the conveyance availed by him for treatment, petitioner / injured has placed on record the conveyance bills, Ex. PW1/6/25 to Ex. PW1/6/37 amounting to Rs. 13,000/. There is no reason to doubt the said bills, Ex. PW1/6/25 to Ex. PW1/6/37. In these circumstances and in view of the material on record, the petitioner / injured shall be entitled to a sum of Rs. 13,000/ and accordingly , the petitioner/ injured Deepak is awarded the said amount Rs. 13,000/ ( Rupees Thirteen Thousand Only ) towards conveyance charges .
It is being submitted on behalf of the petitioner/injured that he has also spent Rs. 20,000/ on special diet, however no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner . Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured has suffered 52% permanent disability in relation to right lower limb due to the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, petitioner/ injured is entitled to a sum of Rs.15,000/ ( Rupees Fifteen Thousand only) towards expenses for special diet.
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 15/34 16
17. LOSS OF INCOME In the present case, the petitioner/injured stated that he was doing a job of Office Assistant and was getting a salary of Rs. 14,000/ p.m. In this regard, petitioner/injured has also examined PW3 Sh. Sunil Bhardwaj, proprietor TCS Service, Gurgaon , who deposed that claimant Deepak was working in his firm at a salary of Rs.14,000/ as Office Assistant and he has also proved the salary certificate qua petitioner/injured Deepak as Ex.PW1/5 , wherein it has been stated that total emoluments of petitioner/injured Deepak were Rs. 14,000/ p.m. In the instant case, petitioner/injured has suffered compound fracture lower bend femur Rt and has remained hospitalized for about ten days . Further, in view of the material on record, it appears that it might have taken about six months for the petitioner/injured to recover from the said injuries sustained by him in the accident. In these circumstances and in view of the material on record, the petitioner is entitled to a sum of Rs. 14,000/ x 6= Rs. 84,000/ ( Rupees Eighty Four Thousand Only) under the head ' Loss of Income'.
18. PAIN & SUFFERINGS As per the settled law, for assessing the pain & sufferings, the following factors have to be taken into account :
(a) Nature of injury
(b) Parts of body where injuries occurred
(c) Surgeries, if any
(d) Confinement in hospital
(e) Duration of the treatment.
In the instant case, in view of the material/evidence on record, there is no element of doubt that the petitioner/injured has suffered compound fracture lower bend femur Rt and has remained hospitalized for about ten days due to (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 16/34 17 the said injuries sustained by him. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner / injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not be adequately compensated in terms of money however, in view of the facts & circumstances of the present case and in view of the material on record, a sum of Rs. 1,00,000/ ( Rupees One Lakh only) is awarded to the petitioner towards the head " pain & sufferings".
19. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that he has suffered the enjoyment of life and other amenities on account of the accident. The petitioner/injured was about 23 years of age at the time of accident and has suffered compound fracture lower bend femur Rt and was hospitalized for about ten days due to the said injuries sustained in the accident. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs. 70,000/ (Rupees Seventy Thousand only) as compensation towards loss of enjoyment of life and amenities. In addition to this, the petitioner/ injured shall also be entitled to a sum of Rs. 30,000/ (Rupees Thirty Thousand only) as compensation for mental and physical shock suffered by him due to the accident in this case.
20. LOSS OF FUTURE INCOME/PROSPECTS In the present case as per medical record, petitioner/injuredDeepak has suffered compound fracture lower bend femur Rt in the accident in this case and as per Disability Certificate dated 21.4.2015 (Ex. PW1/8) issued by DDU Hospital, Hari Nagar , New Delhi , the petitioner/injured Deepak has suffered (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 17/34 18 52% permanent physical disability in relation to right lower limb.
Hence, in view of above and in view of the material on record, the functional disability of the petitioner/injured in the instant case can be taken as 26 % and qua the income of the petitioner/injured, this comes to about Rs. 3,500/ p.m . In the instant case, the petitioner/injured was about 23 years of age at the time of accident and hence, the multiplier of '18' is to be taken and therefore the loss of future income/prospects comes to Rs. 3,500/ x 12 x 18 = Rs 7,56,000/ .
Thus, in view of the above, the petitioner/injured Deepak shall be entitled to a sum of Rs. 7,56,000/ ( Rupees Seven Lacs, Fifty Six Thousand Only) as compensation under this head.
21. The breakup of compensation that has been awarded to the petitioner/ injuredDeepak is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs.2,62,112/
2. Conveyance Rs. 13,000/
3. Special Diet Rs. 15,000/
4. Loss of Income Rs. 84,000/
5. Pain & sufferings Rs. 1,00,000/
6. Loss of Enjoyment of Life and Amenities. Rs. 70,000/
7. Compensation for mental and physical shock Rs. 30,000/
8. Loss of future income /prospects Rs. 7,56,000/ Total Rs. 13,30,112/ rounded of to Rs. 13,31,000/ (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 18/34 19
22. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioner is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 13,31,000/ from the date of filing of petition i.e. 31.7.2013 till realization.
23. RELIEF IN MACP No. 1128/16 ( Deepak Vs. Byas & Ors.) Thus in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of Rs.13,31,000/ (Rupees Thirteen Lacs, Thirty One Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 31.7.2013 till realization is passed in favour of the petitioner/injured-Deepak and against the respondents in case/DAR bearing MACP No. 1128/16.
24. FORMIVB (MACP No. 1128/16) SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 03.4.2013
ii). Name of the injured : Deepak
iii). Age of the injured : 23 years ( at the time of accident)
iv). Occupation of the injured : Private Job (at the time of accident)
v). Income of the injured : Rs. 14,000/ p.m (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 19/34 20
vi). Nature of injury : Grievous
vii). Medical treatment taken : DDU Hospital, Hari Nagar,New Delhi & by the injured Jainak Medical & Orthopedic Centre, Janak Puri, New Delhi
viii). Period of hospitalization : About 10 days
ix). Whether any permanent : 52% in relation to right lower limb disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 2,62,112/
(ii) Expenditure on conveyance Rs. 13,000/
(iii) Expenditure on special diet Rs. 15,000/
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income Rs. 84,000/
(vii) Any other loss which may require any
special treatment or aid to the injured for
the rest of his life
12. Non Pecuniary Loss:
(i) Compensation for mental and physical Rs. 30,000/
shock
(ii) Pain and suffering Rs. 1,00,000/
(iii) Loss of amenities of life Rs. 70,000/
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience, hardships,
disappointment, frustration, mental stress
dejectment and unhappiness in future life
etc.,
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 20/34
21
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and nature 52% in relation to right lower of disability as permanent or temporary limb
(ii) Loss of amenities or loss of expectation of life span on account of disability
(iii) Percentage of loss of earning capacity in 26% relation to disability
(iv) Loss of future income(Income x % Rs. 7,56,000/ Earning Capacity x Multiplier)
14. Total Compensation Rs. 13,30,112/ rounded of to Rs. 13,31,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 13,31,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
20. Mode of disbursement of the award By credit in the SB Account of amount to the claimant(s) (Clause29) the petitioner/injured. 21 Next Date for compliance of the award. 10.12.2018 ( Clause 31)
25. The onus to prove the abovesaid issue no. 2 in MACP No. 1134/16 was upon the petitioner/injured in the said case namely Pankaj and in order to discharge the said onus, petitioner/injured Pankaj ( petitioner/injured in MACP No. 1134/16) has examined himself as PW1 and has stated that he suffered simple injuries in the accident and there were no medical bills .
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 21/34 22 Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/injuredPankaj sustained simple injuries in a motor vehicle accident due to rash and negligent driving of offending vehicle no. HR 55NT 8472 which was being driven by R1 Byas, owned by R2 B.P Tour & Travels and insured with R3/ National Insurance Company Ltd at the time of accident and as such, petitioner / injuredPankaj has become entitled to claim compensation for the injuries caused to him in the abovesaid accident..
26. Quantum of compensation payable to the petitioner/injured Pankaj (MACP No. 1134/16) is ascertained under the following heads:
27. NATURE AND EXTENT OF INJURIES As per the medical treatment record, petitioner/injured Pankaj suffered abrasions over toe , elbow etc. due to the accident in this case and in his MLC issued by DDU Hospital, Hari Nagar, New Delhi the nature of injuries have been mentioned as 'simple'.
Further , the perusal of the record reveals that petitioner/injured Pankaj has not suffered any temporary or permanent disability due to the injuries sustained by him in the accident in this case.
28. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured has undergone treatment at DDU hospital, Hari Nagar, New Delhi.
In the instant case, the perusal of the record reveals that petitioner/ injured has received his entire treatment from the DDU Hospital and no medical (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 22/34 23 bills qua expenses incurred by him on his treatment or medicines, have been placed on record. Infact, in his deposition, petitioner/injuredPankaj has specifically stated that there were no medical bills. In these circumstances, the petitioner/injured shall not be entitled to any compensation under this head in this case.
29. CONVEYANCE & SPECIAL DIET In the present case, the petitioner/injured has stated that he was entitled to expenses towards conveyance and special diet, however ,no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner . Further, it is pertinent to note that as per the medical treatment record, petitioner/injured Pankaj has suffered abrasions over toe , elbow etc. and in his MLC issued by DDU Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it is evident that petitioner/injured would not have incurred any expenditure on conveyance or special diet as injuries sustained by him in the accident were simple in nature and as such , he would not have required any follow up visits to the hospital or special diet. Hence, the petitioner/injured shall not be entitled to any compensation under these heads in the instant case.
30. LOSS OF INCOME In the instant case, the petitioner/injured has stated that due to accidental injuries, he has suffered loss of income , however, no evidence whatsoever, in this regard has been brought on record on behalf of the petitioner. Further, it is pertinent to note that as per the medical treatment record, petitioner/ injured Pankaj has suffered abrasions over toe , elbow etc.and in his MLC issued by (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 23/34 24 DDU Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the material on record, it has not been explained on behalf of the petitioner/injured has to how he has suffered loss of income when the injuries sustained by him were only abrasions and the said injuries were stated to be simple in nature. Hence, the petitioner/injured shall not be entitled to any compensation under this head in the present case.
31. PAIN & SUFFERINGS As per the settled law, for assessing the pain & sufferings, the following factors have to be taken into account :
(a) Nature of injury
(b) Parts of body where injuries occurred
(c) Surgeries, if any
(d) Confinement in hospital
(e) Duration of the treatment.
In the instant case, in view of the material/evidence on record, there is no element of doubt that the petitioner/injured has suffered abrasions over toe , elbow etc. and in his MLC issued by DDU Hospital, the nature of injuries have been mentioned as 'simple'. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident and as such , a sum of Rs. 15,000/ ( Rupees Fifteen Thousand only) is awarded to the petitioner towards the head " pain & sufferings". In addition to this, the petitioner/injured shall also be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) as compensation for mental and physical shock suffered by him due to the accident in this case.
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 24/34 25
32. The breakup of compensation that has been awarded to the petitioner/injured Pankaj is tabulated as below : S.No. HEADS AMOUNT (in Rupees)
1. Pain & Sufferings Rs. 15,000/
2. Compensation for mental and physical shock Rs. 5,000/ Total Rs. 20,000/
33. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioner is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 20,000/ from the date of filing of petition i.e. 31.7.2013 till realization.
34. RELIEF IN MACP No. 1134/16 ( Pankaj Vs. Byas & Ors.) Thus in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of Rs. 20,000/ (Rupees Twenty Five Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 31.7.2013 till realization is passed in favour of the petitioner/injured-Pankaj and against the respondents in the case/DAR bearing MACP No. 1134/16.
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 25/34 26
35. FORMIVB (MACP No. 1134/16) SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 03.4.2013
ii). Name of the injured : Pankaj
iii). Age of the injured : 23 years ( at the time of accident)
iv). Occupation of the injured : Private Job (at the time of accident)
v). Income of the injured :
vi). Nature of injury : Simple
vii). Medical treatment taken : DDU Hospital, Hari Nagar ,New Delhi by the injured
viii). Period of hospitalization :
ix). Whether any permanent : No disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of attendant/physiotherapist
(v) Loss of earning capacity
(vi) Loss of income
(vii) Any other loss which may require any
special treatment or aid to the injured for
the rest of his life
12. Non Pecuniary Loss:
(i) Compensation for mental and physical Rs. 5,000/
shock
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 26/34
27
(ii) Pain and suffering Rs. 15,000/
(iii) Loss of amenities of life
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience, hardships,
disappointment, frustration, mental stress
dejectment and unhappiness in future life
etc.,
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and nature N.A of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life span on account of disability
(iii) Percentage of loss of earning capacity in relation to disability
(iv) Loss of future income(Income x % Earning Capacity x Multiplier)
14. Total Compensation Rs. 20,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 31.7.2013 till realization.
17. Total amount including interest Rs. 20,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 31.7.2013 till realization.
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
20. Mode of disbursement of the award By credit in the SB Account of amount to the claimant(s) (Clause29) the petitioner/injured.
21 Next Date for compliance of the award. 10.12.2018 ( Clause 31) (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 27/34 28
36. LIABILITY The offending vehicle was being driven by R1 Byas , owned by R2 B.P.Tours and Travels and insured with R3/National Insurance Company Ltd. at the time of accident and as such, respondent no. 3/National Insurance Company Ltd, being the 'principal tort feasor', shall be liable to pay the awarded amount.
It is being submitted on behalf of R3/Insurance company that it was entitled to recovery rights against R1 & R2 as R1 Byas was not having valid driving licence at the time of accident. In this regard, R3/Insurance company has examined R3W1 Ms. Rachna, Administrative Officer, who has filed her evidence by way of affidavit (Ex. R3W1/A), wherein it has been stated that she has brought the forwarding letter of Divisional Office of National Insurance Company Ltd at Agra, UP alongwith investigation report of Sh. Pankaj Sharma and verification report of DL of Sh. Vyas alongwith report of Licensing Authority MV Department, Agra UP which shows the DL No. 76317 dated 17.06.2009 has not been issued in the name of Vyas (Byas) S/o Sh. Nand from the said authority. R3W1 further deposed that IO of the case has also filed the verification report of the DL and as per it DL of the driver was fake. R3W1 also deposed that in view of the abovesaid documentary record, insurance company was not liable to pay any compensation to the petitioner as the insured/owner has violated the terms and conditions of the insurance policy. PW1 has also proved the documents i.e. report of the Investigator, copy of DL sent for verification, report of Licensing Authority, Agra and insurance policy as Ex. R3W1/1 to Ex. R3W1/5.
The important fact is that the aforesaid witness i.e R3W1 have not been cross examined on behalf of the respondents despite opportunity being given and as such , her testimony regarding the fake DL of R1/driver has (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 28/34 29 remained uncontroverted.
Further, it is pertinent to note here that validity or genunity, if any of the driving licence of R1 Byas ( driver of the offending vehicle) could have been brought on record by respondent no.1 Byas ( driver) or respondent no.2 B. P Tour & Travels ( owner of offending vehicle), however, they have not led any evidence in this regard and have chosen to remain absent during the relevant period and as such, no evidence qua the genuineness or validity of DL of R1/driver has come on record and in absence thereof , the R3/ National Insurance Company Ltd. shall be entitled to recover the compensation amount (being payable by R3/ Insurance company to petitioner/injured herein) from R1 Byas (driver) and R2 B.P.Tour & Travels ( owner of offending vehicle), in accordance with law.
Hence, in view of the above, Issue No. 2 is decided accordingly.
37. In the instant case, the award amount shall be deposited /transferred by respondent no. 3/ National Insurance Company Ltd. in the Account No. 37665510911 of 'MACT (SouthWest), 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 under intimation, with proof of notice to the claimant/petitioners and their counsel, to the Nazir of this court .
Further, the statements of petitioners/injuredDeepak and Pankaj regarding their financial status, needs and liabilities have also been recorded in this case . In view of the said statements of the petitioners/injured and having regard to facts and circumstances of the present case, the award amount qua petitioner/ injured Deepak ( MACP No. 1128/16) be distributed as follows: (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 29/34 30 S.No. Name Status Amount of Release Amount of Period of Award Amount in FDR FDR Rs.
1. Deepak Injured Rs.13,31,000 / Rs. 1,31,000/ Rs. 1,20,000/ 1 year Rs. 1,20,000/ 2 years Rs. 1,20,000/ 3 years Rs. 1,20,000/ 4 years Rs. 1,20,000/ 5 years Rs. 1,20,000/ 6 years Rs. 1,20,000/ 7 years Rs. 1,20,000/ 8 years Rs. 1,20,000/ 9 years Rs. 1,20,000/ 10 years Further, the award amount in respect of petitioner/injuredPankaj (MACP No. 1134/16) shall be distributed as follows: S.No. Name Status Amount of Release Amount of Period of Award Amount in Rs. FDR FDR
1. Pankaj Injured Rs.20,000/ Rs. 2,000/ Rs. 10,000/ 1 year Rs. 8,000/ 2 years
38. Petitioner/injuredDeepak (MACP No. 1128/16) produced the pass book of his SB Account No. 37613538712 at SBI, Central Market, Sector 10, Dwarka, New Delhi ( IFSC Code No. SBIN0004384 ), wherein it has been (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 30/34 31 endorsed that "No Cheque Book & NO ATM card has been issued ".
It is being requested on behalf of the petitioner/injuredDeepak that the abovesaid cash amount may be transferred to his aforesaid SB Account at SBI, Central Market, Sector 10,Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex,Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 37613538712 of petitioner/injured Deepak at SBI, Central Market, Sector 10,Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, SBI, Central Market, Sector 10,Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Deepak as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured Deepak .
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner/injured Deepak .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Deepak without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner/injured Deepak .
The abovesaid SBI, Central Market, Sector 10,Dwarka, New Delhi is also directed not to issue any cheque book and / or debit card to the (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 31/34 32 petitioner/injured Deepak and if the same have 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 petitioner/injured Deepak .
SBI, Central Market, Sector 10,Dwarka, New Delhi shall permit account holder i.e petitioner/injured Deepak to withdraw money from his above said saving bank account by means of a withdrawal form .
39. Petitioner/injured Pankaj ( MACP No.1134/16) has stated that he is having a SB Account No. 117510015246 at Dena Bank, Sector12, Dwarka, New Delhi ( IFSC Code: BKDN0711175 ) wherein it has been endorsed that "Saving A/c with no ATM & Cheque book ".
It is being requested on behalf of the petitioner/injured Pankaj that the abovesaid cash amount may be transferred to his aforesaid SB Account at Dena Bank, Sector12, Dwarka, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex,Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 117510015246 of petitioner/injured Pankaj at Dena Bank, Sector12, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, Dena Bank, Sector12, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Pankaj as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured Pankaj .
All the original FDRs shall be retained by the concerned bank, however, (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 32/34 33 the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner/injured Pankaj .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Pankaj without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner/injured Pankaj .
The said Dena Bank, Sector12, Dwarka, New Delhi is also directed not to issue any cheque book and / or debit card to the petitioner/injured Pankaj and if the same have 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 petitioner/injured Pankaj .
Dena Bank, Sector12, Dwarka, New Delhi shall permit account holder i.e petitioner/injured Pankaj to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
40. The insurance company shall inform the petitioners as well as their counsel through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioners to know about the deposit in the account.
Copy of this award be sent to the concerned Manager, SBI, District Courts Complex, Sector 10, Dwarka, New Delhi & Manager, SBI, Central Market, Sector 10,Dwarka, New Delhi and Manager, Dena Bank, Sector12, Dwarka, New Delhi for information / compliance.
Copy of this award be also given ''Dasti' to the petitioners/their counsel (MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 33/34 34 and Ld. Counsel for the respondent/insurance company.
The main judgment be placed in the file pertaining to the case bearing MACP No. 1128/16 and the copy thereof be placed in the file of connected case bearing MACP No. 1134/16 .
Ahlmad is directed to prepare separate misc. files and put up the same for filing of the compliance report on 10.12.2018.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 02.11.2018) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
02.11.2018
Digitally
signed by
PARAMJIT
PARAMJIT SINGH
SINGH Date:
2018.11.02
15:33:51
+0530
(MACP Nos.1128/16 & 1134/16) Deepak & Pankaj Vs. Byas & Ors 34/34