Delhi District Court
Raj Pal vs Ankush Sharma on 22 March, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.2112/2016
CNR No. DLSW01-006530-2016
FIR No.186/2016
P.S. Kapashera
In the matter of:
1) Sh. Rajpal Singh
S/o Sh. Jai Singh
R/o M-31, Kapoor Solar Farm,
Bijwasan, New Delhi. ... (Petitioner)
Versus
1) Sh. Ankush Sharma,
S/o Sh. Bal Kishan,
R/o Q 14 Police Qut.,
New Friends Colony, New Delhi. ... (Driver)
2) Sh. Bal Kishan Sharma,
S/o Sh. Dadu Ram,
R/o Q 14 Police Qut.,
New Friends Colony,
New Delhi. ....(Owner)
3) United India Insurance Co. Ltd.
...(Insurance company)
... Respondents
Date of Institution : 09.09.2016
Date of judgment : 22.03.2025
FORM - V
COMPLIANCE OF THE PROVISIONS OF THE
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
TO BE MENTIONED IN THE AWARD
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 1 of 23
1. Date of the accident 21.06.2016
2. Date of intimation of the accident by the Not Available
investigating officer to the Claims Tribunal
(Clause 2)
3. Date of intimation of the accident by the Not Available
investigating officer to the insurance company.
(Clause 2)
4. Date of filing of Report under section 173 Cr.P.C. Not Available
before the Metropolitan Magistrate (Clause 10)
5. Date of filing of Detailed Accident Information 09.09.2016
Report (DAR) by the investigating Officer before
Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 09.09.2016
Company (Clause 11)
7. Date of service of DAR on the claimant(s). 09.09.2016
(Clause 11)
8. Whether DAR was complete in all respects? Yes
(Clause 16)
9. If not, whether deficiencies in the DAR removed N/A
later on?
10. Whether the police has verified the documents Yes
filed with DAR? (Clause 4)
11. Whether there was any delay or deficiency on the No
part of the Investigating Officer? If so, whether
any action/direction warranted?
12. Date of appointment of the Designated Officer by N/A
the insurance Company (Clause 20)
13. Name, address and contact number of the N/A
Designated Officer of the Insurance Company.
(Clause 20)
14. Whether the designated Officer of the Insurance Not Available
Company submitted his report within 30 days of
the DAR? (Clause 20)
15. Whether the insurance company admitted the Not Available
liability? If so, whether the Designated Officer of
the insurance company fairly computed the
compensation in accordance with law. (Clause
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 2 of 23
23)
16. Whether there was any delay or deficiency on the N/A
part of the Designated Officer of the Insurance
Company? If so, whether any action/direction
warranted?
17. Date of response of the claimant (s) to the offer of No
the Insurance Company. (Clause 24)
18. Date of the Award 22.03.2025
19. Whether the award was passed with the consent Yes
of the parties? (Clause 22)
20. Whether the claimant(s) were directed to open Yes
saving bank account(s) near their place of
residence? (Clause 18)
21. Date of order by which claimant(s) were directed 26.04.2018
to open saving bank account (s) near his place of
residence and produce PAN Card and Aadhar
Card and the direction to the bank not issue any
cheque book/debit card to the claimant(s) and
make an endorsement to this effect on the
passbook(s). (Clause 18)
22. Date on which the claimant (s) produced the 22.03.2025
passbook of their saving bank account near the
place of their residence along with the
endorsement, PAN Card and Aadhar Card?
(Clause 18)
23. Permanent Residential Address of the Claimant(s) R/o M-31, Kapoor
(Clause 27) Solar Farm,
Bijwasan, New
Delhi
24. Details of saving bank account(s) of the S.B Account No.
claimant(s) and the address of the bank with IFSC 657200010004480
Code (Clause 27) 3 with Punjab
National Bank at
Bijwasan Main
Road, Najafgarh,
New Delhi (IFSC
Code:
PUNB0657200)
25. Whether the claimant(s) saving bank account(s) Yes
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 3 of 23
is near his/her place of residence? (Clause 27)
26. Whether the claimant(s) were examined at the Yes
time of passing of the award to ascertain his/their
financial condition? (Clause 27)
27. Account number, MICR number IFSC Code, Account No.
name and branch of the bank of the Claims 42709452600 at
Tribunal in which the award amount is to be SBI Dwarka,
deposited/transferred. Sector-10, Dwarka
Courts Complex,
IFSC Code:
SBIN0011566 &
MICR No.
110002483.
AWAR D
Preface
1. Detailed Accident Report (DAR) has been filed seeking
compensation for bodily injury sustained in motor vehicle
accident.
Background
2. Brief facts gleaned from DAR read with Final Report under section 279/338 IPC in FIR No.186/2016 PS Kapashera would reveal that Rajpal Singh riding bicycle met with an accident opposite Pushpanjali Gate, Bijwasan-Kapashera Road, Delhi on 21.06.2016 at around 10:00 am after his bicycle was hit by offending Motorcycle No. DL-9SY-4127 driven at high speed in rash and negligent manner as a result of which he fell down on the road and sustained bodily injury. He was shifted to AIIMS, Trauma Centre, Delhi by PCR Van and MLC No. 567173/16 was prepared recording 'Abrasion Left Foot Small'.
3. FIR No.186/2016 under section 279/337 IPC, PS Kapashera was registered on 21.07.2016 and respondent Ankush Sharma (driver) was formally arrested on 23.07.2016 and MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 4 of 23 released on police bail. Motorcycle No. DL-9SY-4127 seized from the spot was released on superdari after its mechanical inspection and documents including DL, RC and Policy of the motorcycle were verified from concerned authorities. Offence under section 338 IPC was added on the basis of final opinion of grievous injury upon MLC No.567173/16 of injured. IO, thereafter, concluded investigation and prepared DAR which was filed in Court along with copy of Final Report under section 279/338 IPC.
Defence
4. R1/Ankush Sharma (driver) and R2/Bal Krishan Sharma joined proceedings but did not file any reply.
5. R3/United India Insurance Co. Ltd. on its part has filed Legal offer-cum-reply assessing Total Compensation Rs.68,700/- for bodily injury sustained in road accident besides reserving its right to raise statutory defence under section 149(2) and all defences under section 170 of M.V.Act in case the driver and owner would fail to contest the case.
Inquiry
6. Following issues were settled on 12.07.2017 and matter was posted for petitioners' evidence.
i. Whether Raj Pal sustained injuries in a motor vehicle accident dtd. 21.06.2016 due to rash and negligent driving of vehicle (Motorcycle) No. DL 9SY 4127 being driven by Ankush Sharma, owned by Bal Krishan and insured by United India Insurance Co.
Ltd.? ... OPP ii. Whether the petitioners are entitled to claim compensation, if so, what amount and from whom? ...OPP MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 5 of 23 iii. Relief.
7. PW-1 Rajpal Singh in paras 2 to 7 of affidavit Ex.PW1/A has inter alia deposed about - (i) fracture of Right Femur, Left Ankle & multiple injuries sustained in motor vehicle accident opposite Pushpanjali Gate, Bijwasan-Kapashera Road, Delhi on 21.06.2016 at around 10:00 am after his bicycle was hit by offending Motorcycle No. DL-9SY-4127 driven at high speed in rash and negligent manner; (ii) treatment at JPN, Apex Trauma Centre & Safdarjung Hospital, Delhi where he underwent two surgeries in course of treatment from 21.06.2016 to 23.07.2016;
(iii) expenses incurred on treatment, medicines, special diet, attendant etc.; (iv) monthly salary Rs.12,000/- by working as Gardener at Kapoor Solar Farm, Bijwasan Road, New Delhi AND (v) general and special damages suffered as a result of bodily injury sustained in road accident. He has also relied upon following documents:
i. Copy of Aadhar Card - Ex.PW-1/1;
ii. DAR - Ex.PW-1/2;
8. Cross-examination of PW-1 by Ld. counsel for insurance company has been recorded and petitioner's evidence was closed on 10.05.2023.
9. No witness has been examined by insurance company and respondents' evidence was also closed on the same day.
10. Order dated 24.09.2019 directing Medical Superintendent, RTRM Hospital to examine injured for assessing physical disability has been modified on 27.04.2024 by directing injured to appear before Medical Superintendent, DDU Hospital, Hari Nagar, Delhi and Disability Certificate No. F.1(1)/DDU/MB/2024/19141 dated 24.09.2024 assessing '41% MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 6 of 23 (Forty One Percent) permanent physical disability in relation to both right and left lower limb' has been received from Nodal officer, Disability Boar, DDU Hospital, Hari Nagar, Delhi.
Discussion and Conclusion
11. Written submissions on behalf of petitioner/injured has been filed on record.
12. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
13. Issue No.1:
Whether Raj Pal sustained injuries in a motor vehicle accident dtd. 21.06.2016 due to rash and negligent driving of vehicle (Motorcycle) No. DL 9SY 4127 being driven by Ankush Sharma, owned by Bal Krishan and insured by United India Insurance Co.
Ltd.? ... OPP
14. PW-1 Rajpal Singh has deposed about fracture of Right Femur, Left Ankle & multiple injuries sustained in motor vehicle accident opposite Pushpanjali Gate, Bijwasan-Kapashera Road, Delhi on 21.06.2016 at around 10:00 am after his bicycle was hit by offending Motorcycle No. DL-9SY-4127 driven at high speed in rash and negligent manner.
15. His testimony has remained consistent and there is nothing on record to disbelieve his depostion.
16. Respondent Ankush Kumar (driver) on the other hand has not entered the witness-box to rebut allegation of rash and negligent driving of Motorcycle No. DL-9SY-4127 and adverse inference is required to be raised against the driver as per the dicta of Hon'ble High Court of Orissa in National Insurance Company Ltd. Vs. Durdadshya Kumar Samal & Ors. 1987 SCC MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 7 of 23 Online Ori. 57 AND Cholamandalam MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided by Hon'ble High Court of Delhi on 11th November, 2008.
17. It is well settled law that negligence of the driver in case of road traffic accident is required to be established on the touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under Motor Vehicle Act as held by Hon'ble Supreme Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal Road Transport Corporation & Ors (2009) 13 SCC 530.
18. Following observations in para 15 of aforesaid judgment of Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. It was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the claimants. The claimants were merely to establish their case on the touchstone of preponderance of probability. The standard of proof beyond reasonable doubt could not have been applied...."
19. Similar observation has been recorded by Hon'ble High Court of Delhi in para 12 of its judgment delivered in National Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC Online Del 1700 by holding that proceedings under Motor Vehicle Act are not akin to proceeding in a civil suit hence strict rules of evidence are not required to be followed and FIR against the driver along with criminal record of the case showing completion of investigation by the police leading to Final Report MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 8 of 23 are sufficient proof to reach the conclusion that the driver was negligent.
20. FINDING: Issue No.1 is therefore decided by holding that bodily injury suffered by Rajpal Singh in road accident on 21.06.2016 was caused as a result of rash and negligent driving of Motorcycle No.DL-9SY-4127 by R1/Ankush Sharma (driver) which vehicle was registered in the name of R2/Bal Krishan Sharma (owner) and insured with R3/United India Insurance Co. Ltd.
21. Issue No.2 Whether the petitioners are entitled to claim compensation, if so, what amount and from whom? ... OPP
22. Injured Rajpal Singh having met with accident on 21.06.2016 was shifted to JPN, Apex Trauma Centre, Delhi where MLC No.567173/16 was prepared recording 'Abrasion Left Foot Small'. He, thereafter, remained admitted at Safdarjung Hospital from 21.06.2016 to 23.07.2016 and underwent two surgeries for Fixation of Nail and Screws on 30.06.2016 and 18.07.2016 in course of treatment.
23. Injured has been also examined by the Medical Board, DDU Hospital, Hari Nagar, Delhi and Disability Certificate No. F.1(1)/DDU/MB/2024/19141 dated 24.09.2024 has been received assessing '41% (Forty One Percent) permanent physical disability in relation to both right and left lower limb'. Injured Rajpal Singh is therefore entitled to be compensated for pecuniary and non-pecuniary damage consequent to grievous injury sustained in motor vehicle accident. Quantum of MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 9 of 23 compensation is required to be assessed separately under pecuniary and non-pecuniary heads.
24. At the outset, it has to be borne in mind that compensation is not expected to be a windfall or a bonanza nor it should be niggardly and Courts & Tribunals have a duty to weigh the various factors and quantify the amount of compensation which should be just. What would be "just" compensation is a vexed question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of damages cannot be arrived at by precise mathematical calculations. It would depend upon the particular facts and circumstances, and attending peculiar or special features, if any, as held by Hon'ble Supreme Court of India in Helen C. Rebello Vs. Maharasthra SRTC, 1999 (1) SCC 90.
25. Following para of judgment of Hon'ble Supreme Court of India in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. & Ors. (1995) 1 SCC 551 being relevant is extracted herein below:
"9. Broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 10 of 23 suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters i.e. on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life."
26. Heads of compensation under pecuniary and non- pecuniary damages have been further explained by Hon'ble Apex Court in para 6 of Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 which reads as under:
"6. The heads under which compensation is awarded in personal injury cases are the following:
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non-pecuniary damages (General
Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 11 of 23
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii),
(v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life.
NATURE AND EXTENT OF INJURIES
27. Injured Rajpal Singh having suffered Fracture of Right Femur, Left Ankle & multiple injuries has undergone two surgeries for Fixation of Nail and Screws on 30.06.2016 and 18.07.2016
28. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
29. PW-1 Rajpal Singh in para 5 of affidavit Ex.PW-1/A has deposed to have spent Rs.80,000/- on medicine and treatment out of which Rs.20,000/- has been reimbursed by the employer.
30. Injured during cross-examination by insurance company has denied suggestion that all medical expenses were borne by the employer and insisted that expenses incurred on operation were only paid by the employer. Aggregate sum of Rs.3,425/- (Rupees Three Thousand Four Hundred Twenty Five only) against copies of Cash Memo/Bills of Pharmacist is awarded to injured Rajpal Singh towards expenses incurred on Medicine & Treatment.
CONVEYANCE AND SPECIAL DIET MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 12 of 23
31. Sh. Rajpal Singh was taken to JPN, Apex Trauma Centre, AIIMS, Delhi where MLC No.567173/16 was prepared recording 'Abrasion Left Foot Small' and thereafter underwent two surgeries at Safdarjung Hospital, Delhi in course of treatment from 21.06.2016 to 23.07.2016. It is assumed that he might have used private vehicle/hire taxi for visiting hospital for treatment of Fracture of Right Femur and Left Ankle. A sum of Rs.10,000/- (Rupees Ten Thousand only) is therefore awarded towards conveyance. Similarly, injured Rajpal Singh might have also needed special diet for full and complete recovery from Fracture of Right Femur and Left Ankle. Another sum of Rs.35,000/- (Rupees Thirty Five Thousand only) is therefore awarded towards special diet.
ATTENDANT CHARGES
32. PW-1 in paras 4 & 5 of affidavit Ex.PW-1/A has deposed to have remained completely bed ridden for around 4 to 5 months and engaged attendant for 24 hours @ Rs.8,000/- per month to help him in his daily routine works for around six months. Having suffered Fracture of Right Femur and Left Ankle resulting in 41% permanent physical disability, injured Rajpal Singh must have needed an attendant to assist him for around 06 months even if such gratuitous service was rendered by some or the other of his family/relatives. Hon'ble High Court of Delhi in Delhi Transport Corporation and Anr. Vs. Kumari Lalita 1982 SCC Online Delhi 123 has held that the victim cannot be deprived of compensation towards gratuitous service rendered by some of his family member. Accordingly, in the facts and circumstances of the case and in view of material on record, petitioner Rajpal Singh is awarded Rs.8,000/- x 6 = Rs.48,000/-
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 13 of 23(Rupees Forty Eight Thousand only) towards attendant charges.
LOSS OF INCOME
33. PW-1 Sh. Rajpal Singh in para 7 of affidavit Ex.PW-1/A has deposed to be earning Rs.12,000/- by working as Gardener at Kapoor Solar Farm, Bijwasan Road, New Delhi. However, no salary slip, attendance record and/or any documentary proof verifying employment has been adduced in evidence. Hence, in the absence of cogent evidence, monthly income of injured is taken as per minimum wage of 'semi-skilled worker' @ Rs.10,582/- applicable in Delhi w.e.f 01.04.2016.
34. Having suffered Fracture of Right Femur and Left Ankle, it is assumed that injured Sh. Rajpal Singh would have taken around six months to recover from injuries sustained in road accident. He is, therefore, awarded Rs.10,582/- x 06 months = Rs.63,492/- (Rupees Sixty Three Thousand Four Hundred Ninety Two only) towards loss of earning in course of treatment & recovery from fracture injury.
PAIN AND SUFFERING
35. Following factors are to be taken into account for assessing compensation under the head - Pain and Suffering:
i. Nature of injury;
ii. Parts of body where injuries occurred; iii. Surgeries, if any;
iv. Confinement in hospital;
v. Duration of the treatment.
36. Hon'ble Supreme Court of India in para 9 of Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. & Anr. (2010) 10 SCC 254 has observed that whole idea in case of MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 14 of 23 assessment of all damages for personal injury is to put the claimant in the same position as he was insofar as money can. Perfect compensation is hardly possible but one has to keep in mind that the victim has done no wrong; he has suffered at the hands of wrongdoer and Court must take care to give him full and fair compensation for that he had suffered.
37. Petitioner having suffered Fracture of Right Femur and Left Ankle remained admitted at Safdarjung Hospital from 21.06.2016 to 23.07.2016 and underwent two surgeries for Fixation of Nail & Screws on 30.06.2016 and 18.07.2016 in course of treatment. Considering the nature of injury, hospitalization and duration of treatment, a sum of Rs. Rs.50,000/- (Rupees Fifty Thousand only) is awarded towards 'Pain & Suffering' in addition to another Rs.50,000/- (Rupees Fifty Thousand only) as damage for 'Mental and Physical Shock' on account of bodily injury sustained in road accident. LOSS OF AMENITIES AND LIFE
38. Facts of the present case disclose that petitioner Rajpal has suffered '41% (Forty One Percent) permanent physical disability in relation to both right and left lower limb' which is likely to affect his overall health, well-being and quality of life & lifestyle. Another sum of Rs.1,00,000/- (Rupees One Lakh only) is therefore awarded to petitioner towards loss of amenities. LOSS OF FUTURE INCOME/PROSPECTS
39. PW-1 Rajpal Singh in para 7 of affidavit Ex.PW-1/A has deposed to be earning Rs.12,000/- by working as Gardener at Kapoor Solar Farm, Bijwasan Road, New Delhi.
40. Disability Certificate No. F.1(1)/DDU/MB/2024/19141 dated 24.09.2024 assessing '41% (Forty One Percent) permanent MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 15 of 23 physical disability in relation to both right and left lower limb' has been received from Nodal officer, Disability Boar, DDU Hospital, Hari Nagar, Delhi.
41. It is well settled law that percentage of loss of earning capacity arising from permanent disability will be different from the percentage of permanent disability and ascertainment of the effect of permanent disability on the actual earning capacity would involve three steps as laid down in para 13 of the judgment of Hon'ble Supreme Court of India titled Raj Kumar Vs. Ajay Kumar (Supra).
42. What is required to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured and after assessing the loss of earning capacity in terms of percentage of the income, it has to be quantified in terms of money to arrive at the future loss of earning by applying the standard multiplier method used to determine the loss of dependency as held in para 11 of aforesaid judgment titled Raj Kumar Vs. Ajay Kumar (Supra).
43. Considering age, avocation and the fact that injured having suffered Fracture of Right Femur, Left Ankle has been assessed with permanent physical disability of 41% (Forty One Percent) permanent physical disability in relation to both right and left lower limb, this Court is of the view that bodily injury sustained in motor vehicle accident could have resulted in 15% loss of earning capacity.
44. Injured Rajpal Singh being 50 years, 05 months & 15 days old at the time of accident (as per Aadhar Card & PAN Card mentioning D.O.B 01.01.1966) is entitled to loss of future income by applying multiplier of 13 for the completed year in MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 16 of 23 addition to future prospect @ 10% upon Notional Income @ Rs.10,582/- of semi-skilled worker applicable in Delhi w.e.f. 01.04.2016 as per principles laid down in National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680.
45. Loss of future income is calculated as - Rs.10,582/- x 110/100 x 13 x 12 x 15/100 = Rs.2,72,380.68/- (Rupees Two Lakhs Seventy Two Thousand Three Hundred Eighty & Sixty Eight Paise only).
46. Break-up of compensation awarded to injured under pecuniary and non-pecuniary heads is mentioned below in tabulated form:
S. No. HEADS AMOUNT (in
Rupees)
1. Medicines & Treatment Rs.3,425/-
2. Conveyance Rs.10,000/-
3. Special Diet Rs.35,000/-
4. Attendant Charges Rs.48,000/-
5. Loss of Income Rs.63,492/-
5. Pain & Suffering Rs.50,000/-
6. Loss of amenities of life Rs.1,00,000/-
7. Mental & Physical Shock Rs.50,000/-
8. Loss of future income/prospect Rs.2,72,380.68/-
TOTAL Rs.6,32,297.68/-
rounded off to
Rs.6,32,300/-
INTEREST
47. There is nothing on record to justify withholding interest on the award amount. Having regard to the facts and circumstances of the present case, it will be just and proper to granted interest @ 7.5% per annum on the award amount in MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 17 of 23 terms of judgment of Hon'ble Supreme Court of India in National Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC 260. Injured Rajpal Singh is therefore awarded interest @ 7.5% per annum upon award amount Rs.6,32,300/- (Rupees Six Lakhs Thirty Two Thousand Three Hundred only) from the date of filing of DAR on 09.09.2016 till notice of deposit under Order XXI Rule 1 CPC to petitioner/counsel. LIABILITY
48. R1/Ankush Sharma (driver) being principal tortfeasor driving Motorcycle No. DL-9SY-4127 in rash and negligent manner and R2/Bal Krishan Sharma (owner) being vicariously liable for the act of the driver are jointly and severally liable to pay the compensation along with interest. However, since offending Motorcycle No. DL-9SY-4127 was insured against Third Party Risk so, R3/United India Insurance Co. Ltd. being statutorily liable under Section 149 (1) of M. V. Act shall pay the award amount along with interest to injured Rajpal Singh in the absence of any statutory defence under section 149(2) of M.V. Act.
49. FINDING: Issue No.2 is decided accordingly by holding that R3/United India Insurance Co. Ltd. shall pay the award amount with interest to injured Rajpal Singh. RELIEF
50. Thus, in view of foregoing discussion & conclusion and having regard to the facts and circumstances of the present case, award for a sum of Rs.6,32,300/- (Rupees Six Lakhs Thirty Two Thousand Three Hundred only) along with interest @ 7.5% p.a from the date of filing of DAR on 09.09.2016 till notice MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 18 of 23 of deposit under Order XXI Rule 1 CPC is passed in favour of injured and against all respondents.
51. The above-said compensation amount with interest shall be paid to injured by R3/United India Insurance Co. Ltd.
52. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 21.06.2016
2. Name of the injured : Rajpal Singh
3. Age of the injured : 50 years
4. Occupation of the injured : Private job
5. Income of the injured : Rs.10,582/- (semi-skilled worker' @ applicable in Delhi w.e.f 01.04.2016)
6. Nature of injury : Grievous
7. Medical treatment taken : Safdarjung Hospital, by the injured
8. Period of hospitalization : 21.06.2016 to 23.07.2016
9. Whether any permanent : Yes disability? If yes, give details.
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs.3,425/-
(ii) Expenditure on conveyance Rs.10,000/-
(iii) Expenditure on special diet Rs.35,000/-MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 19 of 23
(iv) Cost of nursing/attendant Rs.48,000/-
(v) Cost of artificial limb -
(vi) Loss of earning capacity 15%
(vii) Loss of income Rs. 63,492/-
(viii) 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 Rs.50,000/-
physical shock
(ii) Pain and suffering Rs.50,000/-
(iii) Loss of amenities of life Rs.1,00,000/-
(iv) Disfiguration -
(v) Loss of marriage prospects -
(vi) Loss of earning, inconvenience, -
hardship, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability assessed 41% and nature of disability as permanent or temporary
(ii) Loss of amenities of loss of -
expectation of life span on account of disability
(iii) Percentage of loss of earning 15% capacity in relation to disability
(iv) Loss of future Income - (Income x Rs.2,72,380.68/-
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.6,32,297.68/-
rounded off to Rs.6,32,300/-
15. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 20 of 23 award the date of filing of DAR on 09.09.2016 till notice of deposit under Order XXI Rule 1 CPC
17. Total amount including interest Rs.6,32,300/-+ interest @ 7.5% p.a. from the date of filing of the DAR on 09.09.2016 till notice of deposit under Order XXI Rule 1 CPC
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 By credit in the award amount to the claimant(s). SB Account of the injured 21 Next Date for compliance of the 01.05.2025 award.
53. The award amount shall be deposited by R3/United India Insurance Co. Ltd. in Account No.42709452600 of MACT, South West, Dwarka Courts, New Delhi at State Bank of India, District Court Complex, Sector-10, Dwarka, New Delhi (IFSC Code SBIN0011566 and MICR Code 110002483) through RTGS/NEFT/IMPS within 30 days of award as per section 168(3) of M.V. Act under intimation to the Nazir of this court with proof of notice to the claimant/injured and his counsel.
54. Statement of injured Rajpal Singh regarding financial status, needs and liabilities has been recorded. In view of the said MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 21 of 23 statement and having regard to the facts and circumstances of the present case, the award amount shall be disbursed in following manner:-
S. Name Status Amount of Award Release Amo No Amount unt of FDR
1. Sh. Raj Injured Rs.6,32,300/-+ Rs.6,32,300/- Nil Pal Singh interest @ 7.5% - with p.a. from the date proportionate of filing of the interest in DAR on MACT 09.09.2016 till Claims SB notice of deposit Account of under Order XXI injured Rule 1 CPC
55. Injured has mentioned details of SB Account No.6572000100044803 with Punjab National Bank at Bijwasan Main Road, Najafgarh, New Delhi (IFSC Code: PUNB0657200) in his statement recorded on 22.03.2025 and it is requested that cash amount may be transferred in the said SB Account.
56. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to transfer Rs.6,32,300/- with proportionate interest in SB Account No.6572000100044803 in Punjab National Bank, Bijwasan Main Road, Najafgarh, New Delhi (IFSC Code: PUNB0657200).
57. R3/United India Insurance Co. Ltd. shall inform the petitioner and his counsel regarding award amount being transferred/deposited in MACT Account through registered post.
58. Copy of this award be sent to the Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Punjab National Bank at Bijwasan Main Road, Najafgarh, New Delhi (IFSC Code: PUNB0657200) for information /compliance.
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 22 of 2359. Dasti copy of award be given to Ld. Counsel for injured and respondents.
60. Ahlmad is directed to prepare separate miscellaneous file to be listed on 01.05.2025 for filing compliance report.
61. File be consigned to Record Room.
Digitally signed by TARUN TARUN YOGESH
Announced in the open Court YOGESH Date:
on 22.03.2025 2025.03.24
17:04:16 +0530
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
MACT No. 2112/2016 Rajpal Singh Vs. Ankush Sharma & Ors. Page 23 of 23