Delhi District Court
Shyam Babu vs Bijender Singh on 31 March, 2021
IN THE COURT OF DR SUMEDH KUMAR SETHI, PO : MACT01 (SOUTH
WEST DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. : 481/18
Shyam Babu Vs Bijender Singh
CNR No. DLSW010100242018
FIR No. 120/18
U/s 279/338 IPC
PS : Dabri
Sh. Shyam Babu
S/o Late Sh. Vidya Ram
R/o RZM141, Gali no. 6,
Vijay Enclave, New Delhi. ... Petitioner
Vs
1. Bijender Singh (Driver)
S/o Sh. Jagdish Singh
R/o Plot no. 29,30
Durga Vihar, PHII, Gali no. 18,
Najafgarh, New Delhi.
2. Delhi Public School, (Owner)
Sec3, PH1, Dwarka, New Delhi
Through
Ramesh Singh,
S/o Sh. Kitab Singh
R/o RZ 66C, BHD Nagar,
Najafgarh, New Delhi.
3. The Oriental Insurance Co. Ltd. (Insurer)
At 6th Floor, Shah Puri Tower,
MACP no. 481/18 Shyam Babu vs Bijender Singh 1 of 22
C58, Community Centre,
Janak Puri, New Delhi58. ... Respondents
Date of institution of the case/DAR 11.05.2018
Date on which, judgment have been reserved - 15.02.2021
Date of pronouncement of judgment - 31.03.2021
FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
1 Date of the accident 15.03.2018
2 Date of intimation of the accident by the Not clear from record
Investigating Officer to the Claims Tribunal
( Clause 2)
3 Date of intimation of the accident by the 05.04.2018
Investigating Officer to the Insurance Company
(Clause 2)
4 Date of filing of Report under Section 173 Cr. PC Not clear from record
before the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information 11.05.2018
Report (DAR) by the Investigating Officer before
Claims Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance 11.05.2018
Company. (Clause 11)
7 Date of service of DAR on the claimant (s). 11.05.2018
(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?
MACP no. 481/18 Shyam Babu vs Bijender Singh 2 of 22
12 Date of appointment of the Designated Officer by 10.05.2018
the Insurance company ( Clause 20 )
13 Name, address and contact number of the Sh. Harsh Mohan
Designated Officer of the Insurance Company
( Clause 20 )
14 Whether the Designated Officer of the Insurance Yes
Company submitted his report within 30 days of
the DAR? ( Clause 22 )
15 Whether the Insurance Company admitted the Legal Offer was filed.
liability? If 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 No
part of 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 N.A
the Insurance Company. ( Clause 24)
18 Date of Award 31.03.2021
19 Whether the award was passed with the consent of No
the parties? ( Clause 22)
20 Whether the claimant (s) were directed to open Yes
savings bank accounts (s) near their place of
residence ? ( Clause 18)
21 Date of order by which claimant(s) were directed 11.05.2018
to open 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 15.01.2020
passbook of their savings bank account near the
MACP no. 481/18 Shyam Babu vs Bijender Singh 3 of 22
place of their residence alongwith the
endorsement, PAN Card and Adhaar Card?
(Clause 18 )
23 Permanent Residential Address of the Claimant(s) R/o RZM141, Gali no. 6,
(Clause 27 ) Vijay Enclave, New Delhi.
24. Details of savings bank account(s) of the SB A/c no.
claimant(s) and the address of the bank with IFSC 602310110015003 at Bank
Code( Clause 27) of India, Janak Puri, New
Delhi (IFSC Code :
BKID0006023).
25 Whether the claimant(s) savings bank account(s) Yes
is near his 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. 37665510911
name and branch of the bank of the Claims at SBI, District Court
Tribunal in which the award amount is to be Complex, Sector10,
deposited/transferred. Dwarka New Delhi, (IFSC
Code SBIN0011566 and
MICR Code 110002483)
JUDGMENT
1. The present case/DAR has been filed qua the injuries caused to petitioner/ injured Shyam Babu in a road traffic accident.
2. Brief facts as made out from the DAR are that on 15.03.2018 at about 03.15 pm, petitioner/ injured Shyam Babu was going to withdraw some money from the ATM at Dabri, Dwarka Nala Road and was standing on the Vijay Enclave Bus Stand there was a pedestrian red light with zebra crossing. When deponent reached at the light with zebra crossing, the light was red and he stopped and waited for the green light for the pedestrians. When the light turned green, the deponent started walking on the zebra crossing. In the meanwhile, a motorcycle bearing no. DL 9S AK MACP no. 481/18 Shyam Babu vs Bijender Singh 4 of 22 3954 came at a very high speed in a very rash and negligent manner and jumped the red right and directly hit the deponent from the right side in a very rash manner. Due to impact, petitioner fell down on the road and received fracture and other multiple grievous injuries. It is further stated that after the accident, injured was removed to Deen Dayal Hospital, Hari Nagar, Delhi where he remained hospitalized there from 15.03.2018 to 31.03.2018 for treatment. It is also stated that driver of the offending motorcycle was most rash, reckless and negligent in driving the motorcycle and he was solely and entirely responsible for the accident and the case in this regard was registered vide FIR No. 120/18, u/s 279/338 IPC at PS Dabri. On conclusion of the investigation, the present DAR has been filed by the IO qua the petitioner/ injured Shyam Babu .
3. No written statement has been filed on behalf of respondent no.1Sh. Bijender Singh and Respondent no. 2 Sh. Ramesh Singh, on behalf of Delhi Public School.
4. Reply/Written Statement has been filed on behalf of R3/ The Oriental Insurance Company Ltd., wherein it has been stated that the contents of the DAR are matter of record. Further, the Respondent Insurance Company admits that motor cycle bearing no. DL 9SAK 3954 was insured with the answering respondent at the relevant time, i.e. on 15.03.2018 vide police no. 215500/31/2018/979 from 24.05.2017 to 23.05.2018 in the name of Delhi Public School, Sector3, Dwarka, PhaseI, New Delhi. However liability, if any, of the respondent /Insurance company was subject to terms, conditions, exception and limitation of the insurance policy and involvement and negligence of vehicle in question. Further, both respondent no. 1 Driver and Respondent no. 2 Owner have failed to contest the case. It is also stated therein that insurance company was offering a sum of ₹84,172/as compensation and it has been prayed that an award may be passed in the present case. MACP no. 481/18 Shyam Babu vs Bijender Singh 5 of 22
5. On the basis of the pleadings of the parties, the following issues were framed on 25.09.2018 by the Ld. Predecessor of this court :
ISSUES :
1. Whether Sh. Shyam Babu sustained grievous injuries in a motor vehicle accident dated 15.03.2018 due to rash and negligent driving of vehicle (motorcycle) no. DL9SAK3954 being driven & owned by R1 Bijender Singh, owned by R2 Delhi Public School and insured by R3 The Oriental Insurance Co.
Ltd ? ...OPP
2. Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
6. In support of his case, petitioner/ injured Shyam Babu has examined himself as PW1 and relied upon documents Ex. PW1/1 to Ex. PW1/9 in support of his contention. PW1 was duly cross examined by respondents. Thereafter the PE was closed on behalf of petitioner/ injured.
7. In their RE, the respondents have not examined any witness and on 02.08.2019, Ld counsel for R1 & R2 and Ld. Counsel for the Insurance company stated that no RE was to be led and accordingly, RE was closed vide order 02.08.2019 passed by Ld. Predecessor of this court.
8. I have heard arguments put forward by Ld. counsels for the petitioner/ injured and Ld. Counsel for R1 & R2 and Ld. Counsel for R3/ insurance company and have carefully gone through record of the case. I have carefully considered the evidence led by the petitioner in support of his case. I have also carefully perused MACP no. 481/18 Shyam Babu vs Bijender Singh 6 of 22 written submissions filed on behalf of the petitioner/ injured and R3/Insurance company.
9. The issuewise findings are as under :
10. ISSUE No. 1Whether Sh. Shyam Babu sustained grievous injuries in a motor vehicle accident dated 15.03.2018 due to rash and negligent driving of vehicle (motorcycle) no. DL9SAK3954 being driven & owned by R1 Bijender Singh, owned by R2 Delhi Public School and insured by The Oriental Insurance Co. Ltd ? ...OPP The onus to prove this issue was upon the petitioner/ injured and in order to discharge the said onus, petitioner/injuredShyam Babu has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 15.03.2018 at about 03.15 pm, petitioner/ injured Shyam Babu was going to withdraw some money from the ATM at Dabri, Dwarka Nala Road and was standing on the Vijay Enclave Bus Stand there was a pedestrian red light with zebra crossing. When deponent reached at the light with zebra crossing, the light was red and he stopped and waited for the green light for the pedestrians. When the light turned green, the deponent started walking on the zebra crossing. In the meanwhile, a motorcycle bearing no. DL 9S AK 3954 came at a very high speed in a very rash and negligent manner and jumped the red right and directly hit the deponent from the right side in a very rash manner. Due to impact, petitioner fell down on the road and received fracture and other multiple grievous injuries. It is further stated that after the accident, injured was removed to Deen Dayal Hospital, Hari Nagar, Delhi where he remained hospitalized there from 15.03.2018 to 31.03.2018 i.e. 16 days for treatment. It is also stated that driver of the offending motorcycle was most rash, reckless and negligent in driving the vehicle and he was solely and entirely responsible for the accident. PW1 further relied upon documents i.e. Ex. PW1/1 to Ex. PW1/9.
MACP no. 481/18 Shyam Babu vs Bijender Singh 7 of 22 The important fact is that this witness i.e. PW1 (petitioner/ injured) was cross examined on behalf respondents, but nothing material has come on record which could assail the credibility or trustworthiness of this witness.
In his cross examination by Ld counsel for R2 / insurance company, PW1 denied the suggestion that the accident took place due to his own negligence. He also mentioned that there was zebra crossing at the spot of the accident. The driver of the offending vehicle has not stepped into the witness box to rebut these contentions or to explain the manner in which the accident took place. In these circumstances, nothing material has come on record which could shake the credibility of this witness qua his 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 petitioner/ injured Shyam Babu sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. DL 9S AK 3954 which was being driven by R1 Bijender Singh, owned by R2 Delhi Public School and insured with R3 / The Oriental Insurance Company Ltd at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioner/ injured and against the respondents.
11. ISSUE No.2 "Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP"
The onus to prove this issue was upon the petitioner/injured and in order to discharge the said onus the petitioner/injured has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that he met with an accident on 15.03.2018 at about 03.15 pm and sustained grievous MACP no. 481/18 Shyam Babu vs Bijender Singh 8 of 22 injuries on the left leg and operated for the HRA (Bipolar) (51) size and this caused him lot of physical and mental pain. He was taken to the DDU Hospital for treatment. It is stated that at DDU Hospital, New Delhi petitioner was operated upon and after treatment he was discharged on 31.03.2018 and since then, he has been under regular treatment and incurred expenses of ₹1364/ on his treatment and he was still under treatment. PW1 / petitioner further deposed that during the period, he could not drive the auto due to which his income has been affected. Whereas earlier he was earning ₹1200/ to ₹1500/per day or ₹2530,000/ by driving Auto.
PW1 has proved Original MLC of DDU Hospital as Ex. PW1/1 (colly), discharge summary of DDU Hospital as Ex. PW1/2, Medical Prescription / O. P. D Card of several dates of DDU Hospitals after his discharge as Ex. PW1/3 (colly), original medical bills Ex PW1/4 (colly), Xray Report Ex. PW1/5, Copy of DL of petitioner / injured Ex. PW1/6, Batch as Auto driver Ex. PW1/7 & Copy of Aadhar Card Ex. PW1/9 respectively .
Hence, in view of the above and in view of the material and evidence record, it is clear that injured Shyam Babu sustained injuries in a motor vehicle accident dated 15.03.2018 due to rash and negligent driving of vehicle no. DL 9S AK 3954, which was being driven and owned by R1 Bijender Singh, owned by R2 Delhi Public School and insured with R3 The Oriental Insurance Company Ltd. at the time of accident and as such petitioner/injured Shyam Babu has become entitled to claim compensation for the injuries sustained in the abovesaid accident.
Quantum of compensation payable to the petitioner/injured Shyam Babu is ascertained under the following heads :
12. NATURE AND EXTENT OF INJURIES As per document Ex. PW1/1 i.e. MLC bearing no. 2533 pertaining to DDU Hospital, petitioner/injured Shyam Babu had sustained grievous injuries due to the accident in this case.
MACP no. 481/18 Shyam Babu vs Bijender Singh 9 of 22 It was stated that the petitioner / injured is a case of grievous injuries on the left leg and operated for the HRA (Bipolar) (51) size. Therefore, as per direction of this Court, Report of Medical Board constituted at DDU Hospital for medical examination of Mr. Shyam Babu was called. The Board gave its report as " A case of HEMIARTHOPLASTY of Left Hip with permanent physical disability of 44% in relation to Left Lower Limb." The disability is permanent in nature.
13. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injuredShyam Babu has undergone treatment at DDU Hospital, Hari Nagar, New Delhi, where he remained hospitalized from 15.03.2018 to 31.03.2018.
Further, in regard to the treatment undergone by him at DDU Hospital, petitioner/injured Shyam Babu has placed on record the medical bills/ receipts, amounting to ₹1364/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured is entitled to a sum of ₹1364/ and accordingly , the petitioner/ injuredShyam Babu is awarded the said amount i.e ₹1364 / (Rupees One thousand and sixty four Only ) towards 'medicines and medical treatment'.
14. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Shyam Babu is a case of HEMIARTHOPLASTY of Left Hip with permanent physical disability of 44% in relation to Left Lower Limb." 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. However no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner and MACP no. 481/18 Shyam Babu vs Bijender Singh 10 of 22 petitioner admitted the fact that he has not placed on record any bill pertaining to special diet, conveyance and attendant. Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured is about 62 years old senior citizen and has suffered permanent disability due to the injuries sustained in the accident in this case.
Be that as it may, it goes without saying that with this permanent disability, it would have been virtually impossible for the injured to have used public transport for a considerable time. It is also settled law that compensation to be awarded by the MACT must be just compensation and can also be more than the amount claimed. The proposition draws support from the decision of the Hon'ble Supreme Court of India in case of Ramla and others vs National Insurance Company Limited and other1 and Kajal vs Jagdish Chand & Ors.2 The accident occurred on 15.03.2018. Assuming that the accused used car or cabs for conveyance for about 6 months after the accident and further assuming that he used conveyance about 10 times a month and each time he incurred an average expenditure of ₹500/, then his conveyance expenses would come to ₹30,000/ (@₹5000/ per month).
Hence, in view of the above and in view of the material on record, petitioner/injured is entitled to a sum of ₹30,000/ (Rupees Thirty Thousand only) towards 'conveyance'. Likewise, in view of the injuries suffered by him, the petitioner/ injured must have needed special diet for a similar period to have a fast and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded ₹30,000/ (Rupees Thirty Thousand Only) towards expenses for 'special diet'.1 CIVIL APPEAL NO.11495 OF 2018
(Arising from Special Leave to Appeal (C) No.22334/2017) decided on 30.11.2018.2 CIVIL APPEAL NO. 735 OF 2020
(Arising out of Special Leave Petition (C) No.15504 OF 2019) decided on 05.02.2020. MACP no. 481/18 Shyam Babu vs Bijender Singh 11 of 22
15. LOSS OF INCOME In the present case, the petitioner/injured stated that he was working as an Auto Driver at the time of accident and was earning a sum of ₹2530,000 / p.m, however, no documentary evidence in this regard has been placed on record and in the absence thereof, the minimum wages for during the relevant period (15.03.2018) i.e ₹13,896/ p.m is taken as criteria for calculating the loss of income to the petitioner/ injured in this case (for unskilled worker, since no evidence of qualifications has been brought on record).
In the instant case, petitioner/injured has suffered grievous injuries on the left leg and operated for the HRA (Bipolar) (51) size and has remained hospitalized for about 16 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 shall be entitled to a sum of ₹13,896/ x 6 = ₹83,376/ (Rupees Eighty Three Thousand Three Hundred Seventy Six only) under the head 'Loss of Income'.
16. 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 grievous injuries on the left leg and operated for the HRA (Bipolar) (51) size and has remained hospitalized for about 16 days due to the said injuries sustained by him. Petitioner / injured has MACP no. 481/18 Shyam Babu vs Bijender Singh 12 of 22 further suffered permanent physical disability of 44% in relation to Left Lower Limb. In these circumstances and in view of the law laid down in the case titled as Rekha Jain vs National Insurance Co. Ltd.3, the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured cannot 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 ₹60,000/ (Rupees Sixty Thousand only) is awarded to the petitioner towards the head 'pain & sufferings'.
17. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that he has spent a sum of ₹50,000/ on attendant, however neither the said attendant has been examined nor any documentary proof regarding the payment being made to the abovesaid attendant has been brought on record by the petitioner/ injured in this case.
In the instant case, the perusal of the record reveals that petitioner /injured is a case of HEMIARTHOPLASTY of Left Hip with permanent physical disability of 44% in relation to Left Lower Limb" and has remained hospitalized for about 16 days due to the said injuries sustained by him in the accident. In these circumstances, the petitioner/ injured must have required the services of attendant for about six months. It is pertinent to note that the petitioner/injured would have also needed an attendant to look after him, even if the gratuitous services were rendered by the some or the other of his family members. In the case titled as Delhi Transport Corporation and Anr. vs Lalita 4, it has been held by the Hon'ble High Court of Delhi that a victim cannot be deprived of compensation towards gratuitous services rendered by some of the family members.
3 (Arising out of SLP (C) Nos. 564951 of 2012).
4 AIR 1981 Delhi 558.
MACP no. 481/18 Shyam Babu vs Bijender Singh 13 of 22 In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of ₹5,000 X 6 = ₹30000/ (Rupees Thirty Thousand Only) towards 'Attendant Charges'.
18. 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 64 years of age at the time of accident and has suffered further suffered permanent physical disability of 44% in relation to Left Lower Limb and was hospitalized for about 16 days due to the said injuries sustained in the accident. In this old age, when the body is at its weakest, he had to suffer from restricted function of his lower limb. Needless to say that restricted movement is also likely to affect his overall health. In these circumstances and in view of the law laid down vide judgment of Rekha Jain5, the petitioner/injured shall be entitled to a sum of ₹60,000/ (Rupees Sixty 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 ₹20,000/ (Rupees Twenty Thousand only) as compensation for 'mental and physical shock' suffered by him due to the accident in this case.
19. LOSS OF FUTURE INCOME / PROSPECTS In the present case as per medical record, petitioner/injured Shyam Babu has remained hospitalized for about 16 days and as per the Disability Certificate issued by DDU Hospital, New Delhi , the petitioner / injured - Shyam Babu is a case of HEMIARTHOPLASTY of Left Hip with permanent physical disability of 44% in relation to Left Lower Limb. The petitioner has failed to furnish documents to show that at the time of the accident, he was earning₹2530,000/ per month. Hence his 5 Supra.
MACP no. 481/18 Shyam Babu vs Bijender Singh 14 of 22 income was calculated on the basis of minimum wages at the relevant time @ ₹13,896/ per month.
The principles for determining functional disability resulting from permanent physical impairment have been laid down in the case of Raj Kumar vs. Ajay Kumar6. It is noteworthy that extent of physical impairment cannot automatically be taken to be the loss of earning capacity. The nature of avocation in which the petitioner was involved has to be considered. The record does not show the nature of the petitioner's employment. However, he has deposed that he was driving an auto before the accident. Needless to say, he would be hindered from driving due to disability in his left leg. Thus, the functional disability of the petitioner is taken to be at 25%.
Further, in terms of the principles laid down in National Insurance Company Ltd., vs. Pranay Sethi 7, the petitioner is also entitled to future prospects.
Age: There is some confusion regarding the age of the petitioner. In his PAN Card his date of birth is mentioned as 01.10.1956. In his Aadhar Card his date of birth is mentioned as 01.10.1955.
In his MLC, he is stated to be about 62 years old which correspond to his Aadhar Card. Thus, his age is taken to be as 62 years at the time of the accident. Hence, he will not be entitled to any future prospects. Further, in terms of the principles laid down in the case Sarla Verma vs. DTC8 a multiplier of 7 would be applicable to the present case. Therefore, the loss of future prospects / income is calculated as :
13,896 x 12 x 25 x 7= 2,91,816/ 100
6 (2011) 1 SCC 343 7 2017 (13) SCALE 12 8 AIR 2009 SC 3104 MACP no. 481/18 Shyam Babu vs Bijender Singh 15 of 22 Hence, the petitioner shall be entitled to compensation of ₹2,91,816/ as compensation under this head.
20. The breakup of compensation that has been awarded to the petitioner / injured Shyam Babu is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment ₹1364/
2. Conveyance ₹30,000/
3. Special Diet ₹30,000/
4. Loss of Income ₹83,376/
5. Attendant charges ₹30,000/
6. Pain & Sufferings ₹60,000/
7. Loss of Enjoyment of Life and Amenities ₹60,000/
8. Compensation for mental and physical shock ₹20,000/
9. Loss of Future income ₹2,91,816/ Total ₹6,06,556/ rounded off to ₹6,10,000/
21. 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, in view of the law laid down in Erudhaya Priya vs State Express Transport Corporation Ltd.9 Hence, the petitioner/injured is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e. ₹6,10,000/ from the date of filing of case/DAR i.e. 11.05.2018 till realization.
9 2020 SCC OnLine SC 601.
MACP no. 481/18 Shyam Babu vs Bijender Singh 16 of 22
22. LIABILITY The offending vehicle was being driven by respondent No. 1 Bijender Singh, owned by respondent no. 2 Delhi Public School and was insured with respondent no.3/The Oriental Insurance Co. Ltd at the time of accident and as such, respondent no. 3/ Oriental Insurance Co. Ltd. shall be liable to pay the awarded amount to the petitioner/injured .
Hence, issue no.2 is decided accordingly.
23. RELIEF 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 ₹6,10,000/ (Rupees Six Lacs Ten Thousand only) alongwith interest @ 9% p.a from the date of filing of the DAR i.e. 11.05.2018 till realization is passed in favour of the petitioner/injured-Shyam Babu. The abovesaid compensation amount shall be payable by the respondent no.3/ Oriental Insurance Co. Ltd to the petitioner/injured.
24. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 15.03.2018
ii). Name of the injured : Sh. Shyam Babu
iii). Age of the injured : 62 years ( at the time of accident)
iv). Occupation of the injured: Auto Driver (at the time of accident)
v). Income of the injured : ₹13,896/ p.m.
vi). Nature of injury : Grievous MACP no. 481/18 Shyam Babu vs Bijender Singh 17 of 22
vii). Medical treatment taken : DDU Hospital, Hari Nagar, New Delhi by the injured
viii). Period of hospitalization : About 16 days
ix). Whether any permanent : Yes (permanent physical disability of disability? If yes, give 44% in relation to Left Lower Limb) details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment ₹1394/
(ii) Expenditure on conveyance ₹30,000/
(iii) Expenditure on special diet ₹30,000/
(iv) Loss of earning capacity 25%
(v) Loss of income ₹83,376/
(vi) Attendant Charges ₹30,000/
12. Non Pecuniary Loss:
(i) Compensation for mental and ₹20,000/
physical shock
(ii) Pain and suffering ₹60,000/
(iii) Loss of amenities of life ₹60,000/
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience,
hardships, disappointment,
frustration, mental stress dejectment
and unhappiness in future life etc.,
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and N.A nature of disability as permanent or temporary MACP no. 481/18 Shyam Babu vs Bijender Singh 18 of 22
(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 % ₹2,91,816/ Earning Capacity x Multiplier)
14. Total Compensation ₹6,06,556/ rounded of to ₹6,10,000/
15. INTEREST AWARDED
16. Interest amount up to the date of @ 9% per annum from the award date of filing of DAR i.e. 11.05.2018 till realization.
17. Total amount including interest ₹6,10,000/ + interest @ 9% per annum from the date of filing of the DAR i.e. 11.05.2018 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 amount to the claimant(s) (Clause29) Account of the petitioner/injured.
21 Next Date for compliance of the 01.05.2021 award. (Clause 31)
25. In the instant case, the award amount shall be deposited /transferred within 30 days by respondent no. 3/ Oriental Insurance Co. Ltd in the Account No. 37665510911 of 'MACT (SouthWest), Dwarka Courts, New Delhi ' at State Bank of India, District Court Complex, Sector10, Dwarka New Delhi, (IFSC Code MACP no. 481/18 Shyam Babu vs Bijender Singh 19 of 22 SBIN0011566 and MICR Code 110002483) by RTGS/NEFT/IMPS under intimation, with proof of notice to the claimant/petitioner and his counsel, to the Nazir of this court .
Further,the statement of petitioner/injuredShyam Babu regarding his financial status, needs and liabilities has also been recorded in this case . In view of the said statement of the petitioner/injured and having regard to facts and circumstances of the present case, the award amount shall be distributed as follows: follows: S. Name Status Amount of Release Amount /Period of FDR No. Award Amount
1. Shyam Injured ₹6,10,000/ ₹70,000/ ₹5,40,000/ be kept in 36 Babu FDRs of ₹15,000/ each for the period from one month to 36 months in the name of petitioner/ injured with cumulative interest.
26. Petitioner/injured Shyam Babu has produced the passbook of his SB Account No. 602310110015003 at Bank of India, Janak Puri, New Delhi (IFSC Code :BKID0006023), wherein it has been endorsed that " No ATM & No Cheque Book allowed ". It is being requested on behalf of the petitioner/injured that the abovesaid cash amount may be transferred to his aforesaid SB Account at Bank of India, Janak Puri, New Delhi .
Accordingly, the Manager, SBI, District Courts Complex, Dwarka, Sector10, New Delhi is directed to transfer the abovesaid cash amount to the above said saving banks account of the said petitioner and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and MACP no. 481/18 Shyam Babu vs Bijender Singh 20 of 22 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
Manager of the bank where the said petitioner is having the aforesaid saving bank account (Herein after referred to as the petitioner's bank) is directed to release the abovesaid cash amount to the said petitioner, 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.
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.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner 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 said petitioner.
The abovesaid Petitioner's bank is also directed not to issue any cheque book and/or debit card to the petitioner 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.
The abovesaid Petitioner's bank shall permit account holder i.e. the said petitioner to withdraw money from the abovesaid saving bank account by means of a withdrawal form.
27. The respondent shall inform the petitioner(s) as well as counsel through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioner(s) to know about the deposit in the account.
MACP no. 481/18 Shyam Babu vs Bijender Singh 21 of 22 Copy of this award be sent through email to Sh. Rajan Singh, Assistant General Manager (Nodal Officer), State Bank of India at his email ID :
[email protected] in terms of Order dated 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No.842/2003. Certified copy of the award be also sent to the manager of the concerned bank(s) where the petitioner(s) is/are having respective savings bank account(s).
Certified copy of this award be given ''Dasti' to the petitioner(s) as well as counsel and respondents as well as counsel.
Certified copy of this award be also sent to the concerned Ld. Metropolitan Magistrate and Delhi State Legal Services Authority.
Ahlmad is directed to prepare a separate misc. file and put up the same for filing of the compliance report on 01.05.2021.
File be consigned to the record room.Digitally signed
SUMEDH by SUMEDH
(Announced in the open Court KUMAR KUMAR SETHI
Date: 2021.03.31
on this 31st day of March, 2021) SETHI 16:40:34 +0530
(Dr. Sumedh Kumar Sethi)
PO, MACT 01 (SouthWest District)
Dwarka Courts, New Delhi
31.03.2021
MACP no. 481/18 Shyam Babu vs Bijender Singh 22 of 22