Delhi District Court
Prince Bansal S/O Sh. Anil Bansal vs Neeta Bhalla W/O Sh. N.K. Bhalla on 12 March, 2014
IN THE COURT OF SHRI NIKHIL CHOPRA,
PO: MACT (SE03), SAKET COURTS, NEW DELHI
Regn. No. 77 /14/13
FIR No. 96/2013
Police Station: Lodhi Colony
Prince Bansal S/o Sh. Anil Bansal
R/o H.No.24, Babu Park, Kotla Mubarakpur,
New Delhi ....Claimant
VERSUS
1. Neeta Bhalla W/o Sh. N.K. Bhalla,
R/o A46, Jangpura B,
Bhajanpura, New Delhi (driver/owner)
2. National Insurance Company Ltd.
Div. No.10, Flat No.101106, N1
BMC House, Connought Place,
New Delhi 01 (Insurer)
...Respondents
Date of institution: : 21.11.2013
Date on which Award/Judgment was reserved: : 12.03.2014
Date on which Award/Judgment was pronounced: : 12.03.2014
AWARD
1. A Detailed Accident Report has been filed in respect of FIR bearing No.96/2013 which was registered at PS: Lodhi Colony and it was reported that the injured Prince Bansal S/o Sh. Anil Bansal had suffered injuries in a road accident that took place on 02.06.2013, involving FIR No. 96/2013 PS: Lodhi Colony 1/6 Maruti Car bearing No.DL3CAD0517. The said Detailed Accident Report is treated as a claim petition U/s 166 (4) of M.V. Act. The plea of petitioner is that the accident took place due to rash and negligent driving by the respondent No.1, Smt. Neeta Bhalla while driving offending vehicle bearing No DL3CAD0517 at the time of accident. Admittedly, the said offending vehicle was insured with respondent No.2 i.e. M/s National Insurance Company Ltd. at the time of accident.
2. During the course of the proceedings, the petitioner Prince Bansal as well as Ld. counsel for R2/ Insurance Company submitted that the matter can be settled amicably.
3. Upon efforts of reconciliation and judicial intervention, Petitioner and Ld. counsel for R2/ Insurance Company have agreed for settlement of all claims of the Petitioner Prince Bansal against a full and final amount of Rs.62,000/ (Rupees Sixty Two Thousand Only) to be paid by the Insurance Company.
4. Statement of the petitioner - Prince Bansal as well as Sh. M.Z. Iqbal, Ld. counsel for R2/ Insurance Company have been recorded separately. Both the parties have impressed that their statements are with complete volition and free consent. Petitioner has also stated that he would not be left with any claim, whatsoever, against the owner/driver or insurer of the Vehicle, after the payment of Rs.62, 000/ (Rupees Sixty Two Thousands Only) by the Insurance Company.
5. Having regard to the simple injuries sustained and statement of the parties, I am of the view that the same is just and reasonable, and accordingly pass an award of Rs.62,000/(Rupees FIR No. 96/2013 PS: Lodhi Colony 2/6 Sixty Two Thousands Only) in full and final settlement in favour of the petitioner and against the respondent.
6. Respondent No.2 being the Insurer of the offending vehicle at the time of accident, is jointly and severally liable with other respondent. Accordingly, the respondent No.2 i.e. M/s National Insurance Company Ltd. is directed to tender the award amount in the form of a cross cheque, drawn in the name of petitioner before the Mega Lok Adalat. In case of any delay, it shall be liable to pay interest at a rate of 12% per annum for the period of delay.
7. The copy of this award be given to the respondents as well as to the petitioner, free of cost.
8. The claim of the Petitioner Prince Bansal S/o Sh. Anil Bansal stands disposed of as amicably settled.
9. List on 12.04.2014 for compliance.
Announced in open court
Dated: 12.03.2014 (NIKHIL CHOPRA)
(Pages - 3) PO: MACT-03 (SE)/SAKET COURTS,
NEW DELHI
FIR No. 96/2013 PS: Lodhi Colony 3/6
IN THE COURT OF SHRI NIKHIL CHOPRA,
PO: MACT (SE03), SAKET COURTS, NEW DELHI
Regn. No. 77 /14/13
FIR No. 96/2013
Police Station: Lodhi Colony
Chand S/o Sh. Sagar
R/o H.No.C48, Babu Park, Kotla Mubarakpur,
New Delhi ....Claimant
VERSUS
1. Neeta Bhalla W/o Sh. N.K. Bhalla,
R/o A46, Jangpura B,
Bhajanpura, New Delhi (driver/owner)
2. National Insurance Company Ltd.
Div. No.10, Flat No.101106, N1
BMC House, Connought Place,
New Delhi 01 (Insurer)
...Respondents
Date of institution: : 21.11.2013
Date on which Award/Judgment was reserved: : 12.03.2014
Date on which Award/Judgment was pronounced: : 12.03.2014
AWARD
1. A Detailed Accident Report has been filed in respect of FIR bearing No.96/2013 which was registered at PS: Lodhi Colony and it was reported that the injured Chand S/o Sh. Sagar had suffered injuries in a road accident that took place on 02.06..2013, involving Maruti Car FIR No. 96/2013 PS: Lodhi Colony 4/6 bearing No.DL3CAD0517. The said Detailed Accident Report is treated as a claim petition U/s 166 (4) of M.V. Act. The plea of petitioner is that the accident took place due to rash and negligent driving by the respondent No.1, Smt. Neeta Bhalla while driving offending vehicle bearing No DL3CAD0517 at the time of accident. Admittedly, the said offending vehicle was insured with respondent No.2 i.e. M/s National Insurance Company Ltd. at the time of accident.
2. During the course of the proceedings, the petitioner Chand as well as Ld. counsel for R2/ Insurance Company submitted that the matter can be settled amicably.
3. Upon efforts of reconciliation and judicial intervention, Petitioner and Ld. counsel for R2/ Insurance Company have agreed for settlement of all claims of the Petitioner - Chand against a full and final amount of Rs.95,000/ (Rupees Ninety Five Thousand Only) to be paid by the Insurance Company.
4. Statement of the petitioner - Chand as well as Sh. M.Z. Iqbal, Ld. counsel for R2/ Insurance Company have been recorded separately. Both the parties have impressed that their statements are with complete volition and free consent. Petitioner has also stated that he would not be left with any claim, whatsoever, against the owner/driver or insurer of the Vehicle, after the payment of Rs.95, 000/ (Rupees Ninety Five Thousands Only) by the Insurance Company.
5. Having regard to the simple injuries sustained and statement of the parties, I am of the view that the same is just and reasonable, and accordingly pass an award of Rs.95,000/(Rupees Ninety Five Thousands Only) in full and final settlement in favour of the petitioner and against the respondent.
FIR No. 96/2013 PS: Lodhi Colony 5/6
6. Respondent No.2 being the Insurer of the offending vehicle at the time of accident, is jointly and severally liable with other respondent. Accordingly, the respondent No.2 i.e. M/s National Insurance Company Ltd. is directed to tender the award amount in the form of a cross cheque, drawn in the name of petitioner, before the Mega Lok Adalat. In case of any delay, it shall be liable to pay interest at a rate of 12% per annum for the period of delay.
7. The copy of this award be given to the respondents as well as to the petitioner, free of cost.
8. The claim of the Petitioner Chand S/o Sh. Sagar stands disposed of as amicably settled.
9. List on 12.04.2014 for compliance.
Announced in open court
Dated: 12.03.2014 (NIKHIL CHOPRA)
(Pages - 3) PO: MACT-03 (SE)/SAKET COURTS,
NEW DELHI
FIR No. 96/2013 PS: Lodhi Colony 6/6