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Delhi District Court

Pawan Kumar Gupta vs Sh. Deepak Kumar on 19 February, 2021

   IN THE COURT OF MS. TYAGITA SINGH, ADDITIONAL DISTRICT
      JUDGE, DISTRICT - NE, KARKARDOOMA COURTS, DELHI

                                                              DAR No.: 50/20
                                                   CNR No. DLNE01­0028532020

IN THE MATTER OF:­

Pawan Kumar Gupta
S/o late Sh. Ram Prakash Gupta
R/o H.No. 333, Gali No. 5,
Prem Nagar, Delhi.
                                                          .... Petitioner

                                    Vs.

1.Sh. Deepak Kumar
S/o Sh. Om Prakash
R/o 288, Gali No. 10,
Mahalaxmi Enclave,
Karawal Nagar, Delhi.
                                                          ..... Driver

2. Smt. Jyoti Bala
W/o Sh. Anil Kumar
R/o 102, Gali No. 2, Sunder Park,
Shastri Nagar, Gandhi Nagar,
Delhi.
                                                          ..... Owner

3. ICICI Lombard General Insurance Company
315, Aggarwal City Mall,
Pitampura, Delhi.
                                               ..... Insurance Company


Date of Institution                 :       31.01.2020
Date of Decision                    :       19.02.2021
Final Order                         :       Award passed in terms of
                                            settlement between the parties.

DAR No. 50/20                                                           Page 1 of 4
Pawan Kumar Gupta Vs. Deepak Kumar & Ors.
 Advocates appearing in the case:
For petitioner                         : Sh. Bijay Kumar
For respondent no.1 & 2                : None

For respondent no.3                   : Sh. S.K. Sharma



                                 SETTLEMENT AWARD

1. 1. As per the contents of FIR No. 300/19 u/s 279/338 IPC of PS Dayalpur, Delhi, on the date of accident i.e. on 02.08.2019 at about 10:00 am, when petitioner was returning to his home at Prem Nagar, Delhi from Gyani ki chakki on his motorcycle no. DL­3SCE­4151 and reached near Gali No. 9, suddenly driver of car no. DL­3CCQ­5921 drove the vehicle rashly and negligently at fast speed and hit the petitioner, due to which he sustained grievous injuries. DAR petition bearing no. 50/20 for claim under Motor Vehicles Act was filed.

2. Copies of DAR were supplied to all the parties.

3. During the proceedings, the petitioner and Counsel for respondent no. 3 / Insurance Company have submitted that matter stands settled between them. The petitioner has submitted that he has settled the present case with respondent no. 3/ ICICI Lombard General Insurance Company Ltd. for a sum of Rs. 4,50,000/­ (Rupees Four Lakh and Fifty Thousand only) towards full and final settlement for compensation for the injuries suffered by the petitioner. Petitioner further stated that the present MACT petition no. 50/20 may be disposed off as settled. Statement of petitioner as well as statement of Sh. S.K. Sharma, Counsel for respondent no. 3 have been recorded separately in this respect.

4. Keeping in view the facts and circumstances of the case, Award of Rs. 4,50,000/­ (Rupees Four Lakh and Fifty Thousand only) is hereby passed in favour of the petitioner and against the respondents in full and final settlement of claim of the DAR No. 50/20 Page 2 of 4 Pawan Kumar Gupta Vs. Deepak Kumar & Ors.

petitioner against all the respondents. The Award amount shall be payable by respondent no. 3 / Insurance Company to the petitioner on behalf of all the respondents.

5. Out of the amount awarded in favour of petitioner no. 1, sum of Rs. 2,20,000/­ (Rupees Two lakh Twenty Thousand only) be kept in the form of FDRs in the multiples of Rs. 20,000/­ each, having maturity date every month i.e. First FDR of Rs.20,000/­ having maturity date after one month of date of deposit, second FDR of Rs. 20,000/­ having maturity date two months after date of deposit, third FDR of Rs. 20,000/­ having maturity date after three months of date of deposit, so on, so forth, having cumulative interest, and the remaining amount be released into his savings bank account on verification of bank account details.

6. All the FDRs to be prepared as per aforesaid directions, shall be subject to the following conditions:­

(a) The original fixed deposit shall be retained by the bank in safe custody and copies of the same be provided to the petitioners with the statement containing FDR numbers, FDR amount, date of maturity and maturity amount.

(b) The maturity amounts of the FDR(s) be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant.

(c) No loan, advance, withdrawal or pre­mature discharge be allowed on the fixed deposits without permission of the Court.

(d) The concerned bank shall not issue any cheque book and/or debit card to claimant / his guardian. However, in case the debit card and /or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount.

(e) The bank shall make an endorsement on the passbook of the claimant to the effect DAR No. 50/20 Page 3 of 4 Pawan Kumar Gupta Vs. Deepak Kumar & Ors.

that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court.

7. Respondent no. 3, being insurer of the offending vehicle, is directed to deposit the award amount with UCO Bank, Karkardooma Court Branch within 30 days as per above order, failing which it shall pay 12% penal interest on Award amount till date of realization. Concerned Manager, UCO Bank, Karkardooma Court Branch, Delhi is directed to release/deposit the amount as per abovesaid directions, on completing necessary formalities as per rules. The Branch Manager, is further directed to keep the amount in interest bearing fixed deposit in name of this Court in auto renewal mode every 15 days, till the claimant approaches the bank for disbursement, so that the award amount starts earning interest from the date of clearance of the cheques. Form IV­B and Form­V, in terms of MCTAP, shall be read as part of the Award. Soft copy of the award be uploaded on official website of Delhi District Courts i.e. https://delhidistrictcourts.nic.in. Copy of this award alongwith one photograph each, specimen signatures, copy of bank passbooks and copy of residence proof of the petitioners, be sent to Nodal Officer of UCO Bank, Karkardooma Court Branch, Delhi for information and necessary compliance.

8. In view of the settlement and statements of the parties, the MACT petition is disposed off as compromised / settled.

9. File be consigned to record room. Tyagita Location: Court No.69, North East District, Singh Karkardooma Court, Delhi Date:

2021.02.24 15:21:43 +0530 Announced in open Court on this 19th day of February, 2021 (TYAGITA SINGH) PO MACT, NORTH EAST KARKARDOOMA COURTS, DELHI DAR No. 50/20 Page 4 of 4 Pawan Kumar Gupta Vs. Deepak Kumar & Ors.