Delhi District Court
Usha Sharma & Anr. vs . Prem Narain & Ors. on 3 August, 2018
1
IN THE COURT OF SH. PARAMJIT SINGH PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. 1549/2016
Usha Sharma & Anr. Vs. Prem Narain & Ors.
CNR No. DLSW010007002013
1. Ms. Usha Sharma
W/o Sh. Narayan Prasad Sharma
2. Sh. Narayan Prasad Sharma
S/o Late Sh. Matadin Singh Sharma
Both resident of :
H. No. 281, Prem Nagar,
BlockG, Nazafgarh, New Delhi. ... Petitioners
Vs.
1. Sh. Prem Narain (Driver)
S/o Sh.Khem Karan
R/o Village Rewasan, TehsilNuh,
District Mewat, Haryana
Through : Vishnu Yadav
VPO : Tikli, Tehsil & District Gurgaon,
Haryana.
2. Vishnu Yadav (Owner)
S/o. Sh. Brahm Prakash
R/o VPO : Tikli, Tehsil & District Gurgaon,
Haryana.
3 HDFC ERGO General Insurance Company Ltd. (Insurer)
C302, 3rd Floor, Ansal Plaza, HUDCO Place,
Andrews Ganj, New Delhi110049 ... Respondents
Date of institution of the case 05.06.2013
Date on which, judgment have been reserved17.07.2018
Date of pronouncement of judgment 03.08.2018
MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 1/20
2
JUDGMENT
The present claim petition for grant of compensation as per provisions of Motor Vehicle Act has been filed on behalf of petitioners Usha Sharma & Narayan Prasad Sharma against respondents Prem Narain & Ors.
2. Brief facts as made out from the petition are that on 01.04.2012, Siddarth Sharma ( since deceased) was gong to receive his brother Anubhav Sharma at Atul Katariya Chowk, Sector 14, Gurgoan on his motorcycle no. HR26 AZ8107 and at about 9:30 AM, when he reached at Atul Katariya Chowk, near Hudda Nursery, Sector 14, offending vehicle no. HR 55G8043 (recovery van) which was being driven by the driver/ respondent no. 1 at a very high speed, rashly, negligently without blowing any horn, neglecting the traffic rules, suddenly applied brakes due to which the motorcycle of deceased collided with the offending vehicle and as a result of impact, he fell down on the road and sustained injuries. It is further stated that deceased was taken to Max hospital, Gurgaon, where during treatment, he expired on 03.04.2012. It is stated that at the time of accident, deceased was working as Renewal Executing with iYogi Technical Services Pvt. Ltd Gurgaon . It is also stated that the petitioners are the only legal heirs of the deceased and it has been prayed that an award for a sum of Rs.30 lacs with interest @ 18% pa from the date of claim petition till realization may be passed in favour of petitioners and against the respondents.
3. In their reply, R1 Prem Narain (Driver) and R2 Vishnu Yadav (owner of offending vehicle ) have stated that the petitioners have approached the court with unclean hands and have suppressed the true facts. It is further stated that deceased MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 2/20 3 himself was guilty of driving his motorcycle in rash and negligent manner without wearing helmet and he had hit the offending vehicle from behind, which means that the deceased had not maintained enough distance and was not vigilant. It is also stated that at the time of accident, alleged offending vehicle i.e. recovery van bearing no. HR 55G8043 was duly insured with respondent no. 3/ insurance company and driver/ respondent no. 1 was driving the vehicle properly having proper valid DL and hence liability , if any, has to be borne by respondent no. 3/ insurance company.
Further, in reply on merits, contents of para 1 to 7, 12 to 14, 19, 21, 22 and 24 to 26 of the petition are denied for want of knowledge and contents of para 10, 11 and 20 are admitted to be correct. Contents of remaining paras of petition have been denied and it has been prayed that the present petition filed on behalf of the petitioners may be dismissed.
4. WS to the present claim petition has also been filed on behalf of R3/ HDFC Ergo General Insurance Company Ltd., wherein it has been stated that the said respondent had no knowledge about the alleged accident or the manner in which accident took place as there was no compliance of Section 134 C of MV Act. It is further stated that accident occurred solely due to the negligence of deceased driver of motorcycle, who violated traffic rules and regulations and he was driving the said motorcycle without driving licence and hit the vehicle bearing no. HR 55G8043 from behind and as such, respondent no. 3 insurance company was not liable to pay compensation to the claimant.
Further, in reply on merits, the contents of para 1 to 5 of the petition have been denied for want of knowledge and contents of para 8 to 17 and 24 to 26 are stated to be matter of record. In reply to para 18, it is stated that R3/ insurance company had issued Policy No. 2315200057325501000 which was valid for the MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 3/20 4 period from 30.01.2012 to 29.01.2014 in favour of Sh. Vishnu Yadav. The contents of the remaining paras of the petition have been denied on behalf of R3/ insurance company and it has been prayed that the present petition filed on behalf of the petitioners may be dismissed with cost.
5. On the basis of the pleadings of the parties, the following issues were framed on 12.11.2013 by one of the Ld. Predecessors of this court :
ISSUES :
1. Whether Shri Siddharth Sharma sustained fatal injuries in a motor vehicle accident dated 01.04.2012 due to rash and negligent driving of vehicle no. HR55G8043 by R1 ? ...OPP
2. Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
6. In support of their case, the petitioners have examined petitioner no. 1 Smt. Usha Sharma as PW1 and they have also examined PW2 Anubhav Sharma, PW3 Sh. H.R. Tamang, Sr. Manager (Admn.), iYogi Technical Services, Gurgaon and PW4 Sh. Mohd. Tanveer, Record Keeper, Max hospital, Gurgaon in support of their case.
7. In its RE, R3 insurance company has examined R3W1 Sh. Jasbir Singh, Clerk from RTA, Gurgaon and thereafter,RE was closed vide order dated 30.08.2016 passed by Ld Predecessor of this court.
8. I have heard the arguments put forward by Ld. counsels for the MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 4/20 5 petitioners and respondents and have carefully gone through record of the case. I have carefully considered the evidence led by the petitioners in support of their case and RE led on behalf of R3/ insurance company. I have also carefully perused written submissions filed on behalf of the petitioners and respondents.
9. The issuewise findings are as under :
10. ISSUE No. 1Whether Shri Siddharth Sharma sustained fatal injuries in a motor vehicle accident dated 01.04.2012 due to rash and negligent driving of vehicle no. HR55G8043 by R1 ? ...OPP The onus to prove this issue was upon the petitioners and in order to discharge the said onus , the petitioners have examined PW2 Sh. Anubhav Sharma, who has filed his evidence by way of affidavit (Ex. PW2/A), wherein it has been stated that he was the brother of deceased and was also an eye witness to the accident in this case. PW2 further deposed that on 01.04.2012, his deceased brother Siddharth Sharma was coming on his motorcycle no. HR26 AZ8107 to receive him and at about 9:30 AM, when he reached at Atul Katariya Chowk, near Hudda Nursery, Sector 14, offending vehicle no. HR 55G8043 (recovery van) which was being driven by the driver/ respondent no. 1 at a very high speed, rashly, negligently without blowing any horn, neglecting the traffic rules, suddenly applied brakes, due to which the motorcycle of deceased collided with the offending vehicle and as a result of impact, he fell down on the road and sustained fatal injuries. PW2 deposed that deceased was taken to Max hospital, Gurgaon, where during treatment, he expired on 03.04.2012. PW2 further deposed that after accident, driver of offending vehicle no. HR55G8043 (recovery van) stopped his vehicle near the place of MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 5/20 6 accident and fled from the spot. PW2 also deposed that accident took place due to rash and negligent driving of the offending vehicle no. HR55G8043 which came ahead of the motorcycle of the deceased and suddenly applied brakes and a case in this regard was registered vide FIR No. 173/12 u/s 279/337/338 IPC at PS Civil Line, Gurgaon against the driver.
The important fact is that this witness i.e. PW2 Anubhav Sharma was cross examined on behalf of respondent no.3/ insurance company, but nothing material has come on record which could assail the credibility or trustworthiness of this witness.
In his cross examination by the Ld. counsel for R3/Insurance company, PW2 stated that he was the eye witness to the accident and the same had happened in his presence. PW1 further stated that his brother was wearing the helmet at that time and police had seized the helmet. PW1 denied the suggestion that his brother was not wearing any helmet at the time of accident. PW2 further denied the suggestion that accident occurred due to negligence of his brother. PW2 denied the suggestion that truck driver had not applied brakes suddenly. PW2 further denied the suggestion that there was no fault of driver of the truck in the accident. PW2 also denied the suggestion that he had filed wrong affidavit or deposed falsely. 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 deceased Sh. Sidhharth Sharma sustained fatal injuries and died in a motor vehicle accident dated 01.04.2012 due to rash or negligent driving of vehicle no. HR55G 8043, which was being driven by R1 Prem Narain, owned by R2 Vishnu Yadav and MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 6/20 7 insured with R3/ HDFC ERGO General Insurance Company Ltd. at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners and against the respondents.11. ISSUE No. 2
Whether the petitioners are entitled to claim compensation, if so, what amount and from whom ? ...OPP The onus to prove this issue was upon the petitioners and in order to discharge the said onus the petitioners have examined PW1 Smt. Usha Sharma (petitioner no.1), who has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that she was the petitioner/ mother of deceased and was well conversant with the fact and circumstances of the present case. PW1 further stated that on unfortunate morning of 01.04.2012, her son Siddharth Sharma met with an accident with the offending vehicle no. HR55 G8043 and sustained fatal injuries. PW1 deposed that after accident, his son Siddharth Sharma was taken to MAX hospital, where during treatment, he expired on 03.04.2012 and received the dead body and a cost of treatment amounting to Rs.3 lacs out of which they were having bills of Rs.2,81,592.55. PW1 further deposed that she and her husband Narayan Prasad were the only legal hairs of deceased, who were dependent upon the deceased and that the deceased was unmarried at the time of accident. PW1 also deposed that her son was 26 years old at the time of accident and was possessing good health and sound mind and was also having BCA degree and working with iYogi Technical Services Pvt Ltd, Gurgaon as Renewal Executive and getting salary of Rs.53,450/ pm. PW1 has proved copy of discharge slip of deceased alongwith computer MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 7/20 8 generated bills as Ex. PW1/1, original PAN card of deceased Sidhharth Sharma, his high school certificatecummarksheet mark sheet of Sr. Secondary School examination, certificate of Diploma Course in Computer Science, marksheet of First Year to Third Year of Diploma course of deceased as Ex. PW1/2 to as Ex. PW1/8 respectively. PW1 has further proved mark sheet of first semester to Sixth semester of BCA of deceased Sidhartha Sharma as Ex. PW1/9 to as Ex. PW1/14. PW1 has proved certificate of excellence and Distinguished Service Award given to deceased Siddharth Sharma as Ex. PW1/15 and as Ex. PW1/16. PW1 has also proved the Icard, salary slip, death certificate, copy of FIR and postmortem report of deceased as Ex. PW1/17 to as Ex. PW1/20 respectively.
Hence, in view of the above and in view of the material and evidence record, it is clear that deceased Sh. Sidhharth Sharma sustained fatal injuries and died in a motor vehicle accident dated 01.04.2012 due to rash or negligent driving of vehicle no. HR55G 8043, which was being driven by R1 Prem Narain, owned by R2 Vishnu Yadav and insured with R3/ HDFC ERGO General Insurance Company Ltd. at the time of accident and as such petitioners, being the LRs of the deceasedSh. Siddharth Sharma have become entitled to claim compensation for the death of said deceased in the abovesaid accident.
Quantum of compensation payable to the petitioners/LRs of deceased Sh. Siddharth Sharma is ascertained under the following heads:
12. AGE & MULTIPLIER As per the Certificate cum Marksheet ( Ex. PW1/3) and other documents on record , the date of birth of the deceased Siddarth Sharma was 25.2.1986 and as such, he was about 26 years of age at the time of accident on MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 8/20 9 01.4.2012. Hence, the multiplier of '17' is taken in this case.
13. LOSS OF DEPENDENCY In the present case, in view of the material/evidence on record, it is evident that at the time of accident, the deceased Siddarth Sharma was unmarried and has left behind two LRs i.e. Smt. Usha Sharma ( mother ) and Sh.Narayan Prasad ( father ). In these circumstances, in view of the law/guidelines laid down in the case titled as 'Sarla Verma & Ors. Vs. DTC & Anr' [ reported as (2009 )6SCC 121] , 50% of the income of the deceased is liable to be deducted from his total income towards personal and living expenses of the deceased.
In view of the above and in view of the material on record, the annual contribution of the deceased to the family multiplied by a multiplier as per above guidelines shall give the loss of dependency to the entire family.
In the instant case, PW1 deposed that her son was 26 years old at the time of accident and was possessing good health and sound mind and was also having BCA degree and working with iYogi Technical Services Pvt Ltd, Gurgaon as Renewal Executive. Further, PW3 Sh. H.R. Tamang, Sr. Manager (Admn.) iYogi, Technical Services Pvt Ltd deposed that deceased Siddharth Sharma had worked in their company as Renewal Executive from 6 th July 2009 to 3rd April 2012 and he has proved the Employee Agreement and salary slip of deceased for the month from January 2012 to March 2012 as Ex. PW3/2 (colly.) and Ex. PW3/3 (colly.).
In the present case, it is evident from the pay slip for the month of March, 2012 ( Ex.PW3/3 colly.) that deceased Siddarth Sharma was getting a gross salary of Rs. 34,733/ and out of the same, a sum of Rs. 3,378/ was being deducted as income tax (TDS) and as such, the monthly income of deceased Siddarth Sharma MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 9/20 10 comes to Rs. 34,733 Rs.3,378/ = Rs. 31,355/ .
In view of the above, the loss of dependency to the family on account of the death of the deceased Siddarth Sharma can be calculated as under:
a) Salary/income of deceased Siddarth : Rs.31,355/ p.m Sharma
b) 50% addition towards future prospects : Rs. 15,677/
c) 50% deduction towards on personal and living expenses of deceased. : Rs. 23,516/
d) Monthly loss of dependency (Rs. 31,355/ + Rs.15,677/ : Rs. 23,516/ Rs. 23,516/)
e) Annual loss of dependency to the family due to death of deceased : Rs.2,82,192/ (Rs. 23,516/ x 12)
f) Total loss of dependency to the family due to death of deceased ( Rs. 2,82,192/ x 17) : Rs.47,97,264/ Hence, in view of the above, the total loss of dependency to the family on account of death of the deceased Siddarth Sharma comes to Rs. 47,97,264 / and as such, the petitioners shall be entitled to the said amount i.e Rs. 47,97,264 / (Rupees Forty Seven Lacs, Ninety Seven Thousand, Two Hundred Sixty Four only) as compensation under the head 'loss of dependency'.
14. MEDICAL EXPENSES In the present case, in view of the material/evidence on record, it is evident that after the accident on 01.4.2012, Siddarth Sharma ( since deceased ) MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 10/20 11 remained hospitalized at Max Hospital, Gurgaon till 03.04.2012, where he scummbed to his injuries and PW1 has proved the medical and treatment bills amounting to Rs. 1,31,593/pertaining to the said Max Hospital, Gurgaon as Ex. PW1/1 ( colly.) In this regard, PW4 Sh. Mohd. Tanveer, Record Keeper, MAX hospital, Gurgaon has also produced the medical treatment record and medical bills of deceased Siddharth Sharma and has proved copy of his death summary and MLC as Ex. PW4/1 (colly.). PW4 also deposed that he had seen the discharge slip alongwith medical bills Ex. PW1/1 (colly.) and the same were issued by their hospital. Hence, there is no reason to doubt the said bills, Ex. PW1/1 (colly.). In these circumstances and in view of the material on record, the petitioners shall be entitled to a sum of Rs. 1,31,593/ (Rupees One Lakh, Thirty One Thousand, Five Hundred Ninety Three Only ) towards medical expenses of the deceased.
15. LOSS OF ESTATE In terms of the judgment of the Hon'ble Supreme Court of India in the case titled as ' National Insurance Company Ltd. Vs. Pranay Sethi & Ors. ( reported as 2017 SCC OnLine SC 1720), a sum of Rs. 15,000/ is awarded towards the head 'loss of estate'.
16. FUNERAL EXPENSES Further, in terms of the law /guidelines laid down in the case National Insurance Co. Ltd Vs. Pranay Sethi ( supra), a sum of Rs. 15,000/ is awarded to the petitioners towards ' funeral expenses'.
17. The break up of compensation that has been awarded in favour of the MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 11/20 12 petitioners have been tabulated as below : S. No. HEAD AMOUNT 1 Loss of dependency Rs. 47,97,264 / 2 Medical expenses Rs. 1,31,593/ 3 For funeral expenses Rs.15,000/ 4 Loss of estate Rs.15,000/ TOTAL Rs. 49,58,857/ rounded of Rs. 49,59,000/
18. 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 petitioners are awarded interest @ 9% per annum on the abovesaid compensation / award amount i.e Rs. 49,59,000/ from the date of filing of petition i.e. 05.6.2013 till realization.
19. LIABILITY The offending vehicle was being driven by R1 Prem Narayan, owned by R2 Vishnu Yadav and insured with R3/HDFC Ergo General Insurance Company Ltd. at the time of accident and as such, respondent no. 3/ HDFC Ergo General Insurance Company Ltd, being the 'principal tort feasor', shall be liable to pay the awarded amount.
Hence, in view of the above, Issue no. 2 is decided accordingly.
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20. 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 Rs.49,59,000 / (Rupees Forty Nine Lacs, Fifty Nine Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 05.6.2013 till realization is passed in favour of the petitioners herein and against the respondents. The said compensation amount shall be payable by the respondent no.3/ HDFC Ergo General Insurance Company Ltd.
21. APPORTIONMENT The abovesaid award amount i.e Rs. 49,59,000 / (Rupees Forty Nine Lacs, Fifty Nine Thousand only) shall be apportioned amongst the LRs of the deceased Siddarth Sharma in the following manner with proportionate interest.
S. No. Name of the petitioner/relation with deceased Amount
1. Petitioner no.1 Smt. Usha Sharma ( mother ) Rs. 33,59,000/
2. Petitioner no.2 Narayan Prasad Sharma ( father ) Rs. 16,00,000/ Total Rs. 49,59,000/
22. FORMIVA SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN DEATH CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 01.4.2012
ii). Name of the deceased : Sh. Siddarth Sharma
iii). Age of the deceased : 26 years ( at the time of accident) MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 13/20 14
iv). Occupation of the deceased: Private Job
v). Income of the deceased : Rs. 31,355/
vi). Name , age and relationship of legal representative of deceased S.No. Name Age Relation with deceased
(i) Smt. Usha Sharma 51 years Mother
(ii) Sh. Narayan Prasad Sharma 60 years Father Computation of Compensation S. No. Heads Awarded by the Claims Tribunal
7. Income of the deceased (A) Rs. 31,355/per month
8. AddFuture Prospects (B) Rs. 15,677/
9. LessPersonal expenses of the deceased (C) Rs. 23,516/
10. Monthly loss of dependency Rs. 23,516/ [ (A+B)C=D]
11. Annual Loss of dependency ( D x12) Rs 2,82,192/ 12. Multiplier (E) 17
13. Total loss of dependency (D x 12x E=F) Rs. 47,97,264/
14. Medical Expenses (G) Rs. 1,31,593/
15. Compensation for loss of love and affection (H)
16. Compensation for loss of consortium (I)
17. Compensation for loss of estate (J) Rs. 15,000/ MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 14/20 15
18. Compensation towards funeral expenses (K) Rs. 15,000/
19. TOTAL COMPENSATION Rs. 49,58,857/ rounded of (F+G+H+I+J+K=L) Rs. 49,59,000/
20. RATE OF INTEREST AWARDED
21. Interest amount up to the date of award (M) @ 9% per annum from the date of filing of petition i.e. 09.1.2014 till realization.
22. Total amount including interest ( L+M) Rs.49,59,000/ + @9% per annum from the date of filing of petition i.e. 05.6.2013 till realization.
23. Award amount released As per table given below
24. Award amount kept in FDRs As per table given below
25. Mode of disbursement of the award amount to By credit in the SB Account of the claimant (s) (Clause 29) the petitioners
26. Next Date for compliance of the award. 11.9.2018 ( Clause 31)
24. In the instant case, the award amount shall be deposited /transferred by respondent no. 3/ HDGC Ergo General Insurance Company 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 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 MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 15/20 16 court .
Further, the statement of petitioner/LRs of the deceased regarding their financial status, needs and liabilities have also been recorded in this case. In view of the said statement of the petitioner/LRs of the deceased & having regard to facts and circumstances of the present case, the award amount shall be distributed as follows: S.No Name Status Amount of Release Amount Amount of Period of Award Rs. FDR FDR
1. Smt Usha Sharma Mother Rs. 33,59,000/ Rs. 3,59,000/ Rs. 3 lacs 1 year Rs. 3 lacs 2 years Rs. 3 lacs 3 years Rs. 3 lacs 4 years Rs. 3 lacs 5 years Rs. 3 lacs 6 years Rs. 3 lacs 7 years Rs. 3 lacs 8 years Rs. 3 lacs 9 years Rs. 3 lacs 10 years
2. Narayan Prasad Father Rs. 16,00,000/ Rs. 2,00,000/ Rs. 1.4 lacs 1 year Sharma Rs. 1.4 lacs 2 years Rs. 1.4 lacs 3 years Rs. 1.4 lacs 4 years Rs. 1.4 lacs 5 years Rs. 1.4 lacs 6 years Rs. 1.4 lacs 7 years Rs. 1.4 lacs 8 years Rs. 1.4 lacs 9 years Rs. 1.4 lacs 10 years MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 16/20 17
25. Petitioner no.1 Usha Sharma produced the passbook of her SB Account No. 3081000100924712 at PNB, Paprawat Branch, Najafgarh,New Delhi , wherein it has been endorsed that " All the Cheque Book has been deleted/all Debit Cards have been cancelled. ".
It is being requested on behalf of the petitioner no.1 Usha Sharma that the abovesaid cash amount may be transferred to her aforesaid SB Account at PNB, Paprawat Branch, Najafgarh,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. 3081000100924712 of petitioner no.1 Usha Sharma at PNB, Paprawat Branch, Najafgarh,New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, PNB, Paprawat Branch, Najafgarh,New Delhi is directed to release the abovesaid cash amount of Rs. 3,59,000/ to petitioner no.1Usha Sharma 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 no.1.
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 no.1.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no.1 Usha Sharma 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 MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 17/20 18 petitioner no.1 Usha Sharma.
The abovesaid PNB, Paprawat Branch, Najafgarh,New Delhi is also directed not to issue any cheque book and / or debit card to the petitioner no.1 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 no.1 Usha Sharma .
PNB, Paprawat Branch, Najafgarh,New Delhi shall permit account petitioner no.1 Usha Sharma to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
26. Petitioner no.2 Narayan Prasad Sharma produced the passbook of his SB Account No. 3081000100924721 at PNB, Paprawat Branch, Najafgarh,New Delhi , wherein it has been endorsed that " All the Cheque Book has been deleted/all Debit Cards have been cancelled. " ".
It is being requested on behalf of the petitioner no. 2 Narayan Prasad Sharma that the abovesaid cash amount may be transferred to his aforesaid SB Account at PNB, Paprawat Branch, Najafgarh,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. 3081000100924721 of petitioner no. 2 Narayan Prasad Sharma at PNB, Paprawat Branch, Najafgarh,New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, PNB, Paprawat Branch, Najafgarh,New Delhi is directed to release the abovesaid cash amount of Rs. 2,00,000/ to petitioner no. 2 Narayan Prasad Sharma as per rules, as prayed.
MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 18/20 19 At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner no.2.
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 no.2.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner no. 2 Narayan Prasad Sharma 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 no.2 Narayan Prasad Sharma .
The abovesaid PNB, Paprawat Branch, Najafgarh,New Delhi is also directed not to issue any cheque book and / or debit card to the petitioner no.2 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 no. 2 Narayan Prasad Sharma .
PNB, Paprawat Branch, Najafgarh,New Delhi shall permit account petitioner no. 2 Narayan Prasad Sharma to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
27. 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 and Manager, PNB, Paprawat Branch, Najafgarh,New Delhi, for information / compliance.
MACP No. 1549/2016 Usha Sharma & Ors. Vs. Prem Narain & Ors. 19/20 20 Copy of this award be also given ''Dasti' to the petitioners/their counsel and Ld. Counsel for the respondent/insurance company.
Ahlmad is directed to prepare a separate misc. file and put up the same for filing of the compliance report on 11.9.2018.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 03.8.2018) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
03.8.2018
Digitally
signed by
PARAMJIT
PARAMJIT SINGH
SINGH Date:
2018.08.03
14:54:11
+0530
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