Delhi District Court
Dharmender Singh vs Pawan Kumar on 10 December, 2024
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No. 521/2018
CNR No. DLSW01-010679-2018
FIR No. 130/2018
PS Kapshera
In the matter of :
1) Sh. Dharmender Singh
S/o Sh. Birender Singh
R/o D-16/22, Sahabad Dairy,
New Delhi. ... (Petitioner)
Versus
1) Sh. Pawan Kumar
S/o Sh. Malu Ram
R/o Papu Yadav ka Makan,
Gali No. 7, Kapashera,
New Delhi-110037. ....(Driver)
2) Smt. Bindu Todi
W/o Sh. Bijesh Todi
R/o H. NO. A-64, I.Con. Appart.
DLF, PH-5, Gurgaon (Haryana)
Present Address:
Charmwood Village Block-3,
Flat -32 Ground Floor, Faridabad
(Haryana). ..... (Owner)
3) The Oriental Insurance Co. Ltd.
..... (Insurance Company)
... Respondents
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 1 of 22
Date of Institution : 22.05.2018
Date of judgment : 10.12.2024
FORM - V
COMPLIANCE OF THE PROVISIONS OF THE
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
TO BE MENTIONED IN THE AWARD
1. Date of the accident 20.03.2018
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 22.05.2018
Report (DAR) by the investigating Officer before
Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 22.05.2018
Company (Clause 11)
7. Date of service of DAR on the claimant(s). 22.05.2018
(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?
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.
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 2 of 22
(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
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 10.12.2024
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 22.05.2018
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 08.10.2024
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 D-16/22,
(Clause 27) Sahabad Dairy,
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 38801917968 with
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 3 of 22
Code (Clause 27) State Bank of
India, Delhi
College of
Engineering,
Bawana Road,
Delhi (IFSC Code:
SBIN0010446)
25. Whether the claimant(s) saving bank account(s) Yes
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 grievous injury sustained in motor vehicle
accident.
Background
2. Facts of the case in brief are that injured Dharmender Singh met with an accident while crossing the road near Kapashera Bus Stop, Old Delhi Gurgaon Road on 20.03.2018 at about 06:30 pm after being hit by offending Innova Car No.HR- 38P-9358 driven at high speed in rash and negligent manner. He was shifted to Manglam Medical and Surgical Centre, Pooth Khurd, Delhi where MLC No.06/18 was prepared recording MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 4 of 22 grievous injury and petitioner continued to be treated as outdoor patient.
3. Offending vehicle produced by the owner pursuant to notice under Section 133 of M.V. Act was seized by the IO and respondent Pawan Kumar (driver) was formally arrested on 02.04.2018 and released on police bail. Offending vehicle was released on superdari after its mechanical inspection and documents including RC and insurance were verified form concerned authorities. Offence under section 3/181 M.V. Act was added after respondent Pawan Kumar (driver) failed to produce valid and effective driving licence. IO, thereafter, concluded investigation and prepared DAR which was filed in Court along with copy of Final Report under section 279/338 IPC & 3/181 M.V. Act.
Defence
4. R1/Pawan Kumar (driver) has chosen to suffer ex-parte proceedings.
5. R2/Mrs. Bindu Todi (owner) has filed reply disputing liability to pay compensation by contending - (i) valid and effective driving licence No.BR2120160057375 issued to respondent/ driver by DTO, Nalanda, Bihar AND (ii) Policy No.211200/31/2018/73881 of the vehicle insured with Oriental Insurance Co. Ltd. from 25.09.2017 to 24.09.2018.
6. R3/Oriental Insurance Co. Ltd. on its part has filed reply admitting Policy No. 211200/31/2018/73881 of offending vehicle No.HR-38P-9358 insured in the name of Smt. Bindu Todi from 25.09.2017 to 24.09.2018 besides reserving its right to raise defence under section 149 (2)(a)(ii) of M.V. Act in the absence of MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 5 of 22 valid and effective licence along with all defences under section 170 of M.V. Act in case the driver and owner would fail to contest the claim.
Inquiry
7. Following issues were settled on on 27.09.2018 and matter was posted for petitioner's evidence.
i. Whether Dharmender Singh sustained grievous injuries in a motor vehicle accident dt. 20.3.2018 due to rash and negligent driving of vehicle no. HR-38P- 9358 being driven by respondent no.1 Pawan Kumar, owned by respondent no.2 Bindu Todi and insured by respondent no.3/The Oriental Insurance Co. Ltd.?
...OPP ii. Whether the petitioners is entitled to claim compensation, if so, what amount and from whom? ... OPP iii. Relief.
8. PW-1 Dharmender Singh in paras 1 & 2 of affidavit Ex.PW-1/A has inter alia deposed about - (i) fracture and other injuries sustained in road accident after he was hit by offending vehicle No.HR-38P-9358 driven at high speed in rash and negligent manner on 20.03.2018 at about 06:30 pm; (iii) treatment at Manglam Medical and Surgical Centre, Pooth Khurd, Delhi; (iii) FIR No.130/2018 under section 279/338 IPC PS Kapashera, Delhi registered against the driver; (iv) monthly income Rs.30,000/- to Rs.40,000/- by working as commercial driver; (v) expenses incurred on medicine & treatment AND (vi) general and special damages suffered on account of injuries sustained in road accident. PW-1 has also relied upon following documents referred in his affidavit:
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 6 of 22i. DAR - Ex.PW-1/1 (Colly.) ii. Medical Bills - Ex.PW-1/2 (Colly.) (32 pages) iii. Copy of Driving Licence and Driver's Badge - Ex.PW-1/3 (Colly.) (OSR) iv. Copy of Matriculation Certificate, Aadhar Card and PAN Card - ExPW-1/4 (Colly.) (OSR) v. Copy of Certificate No.MVH/DC/2012/2421 issued by Maharishi Valmiki Hospital, Pooth Khurd, Delhi assessing 19% Temporary Disability - Ex.PW-1/5 (OSR) vi. Copy of Income Tax Return for AY-2018-19 -
Ex.PW-1/6.
9. His cross-examination by Ld. Counsel for insurance company has been recorded and petitioner's evidence was closed on 19.09.2019.
10. R1/Pawan Kumar (driver) and R2/Mrs. Bindu Todi (owner) have not led any evidence.
11. Ms. Pallavee Thakral, Asstt. Manager, Oriental Insurance Co. Ltd. examined as R3W1 has tendered affidavit Ex.R3W1/A and relied upon following documents for disputing liability to pay compensation in the absence of valid and effective driving licence held by R1/Pawan Kumar:
i. Copy of Policy mentioning Terms and Conditions - Ex.R3W1/1;
ii. Notice under Order XII Rule 8 CPC calling upon the driver and owner to produce original driving licence and policy - Ex.R3W1/2;
iii. Postal Receipts - Ex.R3W1/3;MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 7 of 22
Discussion and Conclusion
12. Advocate Sh. A.K. Singh for injured and Advocate Shri Himanshu Gambhir for Oriental Insurance Co. Ltd. have addressed their submissions.
13. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
14. Issue No.1:
Whether Dharmender Singh sustained grievous injuries in a motor vehicle accident dt. 20.3.2018 due to rash and negligent driving of vehicle no. HR-38P- 9358 being driven by respondent no.1 Pawan Kumar, owned by respondent no.2 Bindu Todi and insured by respondent no.3/The Oriental Insurance Co. Ltd.?
... OPP
15. PW-1 Dharmender Singh in para 2 of affidavit Ex.PW-1/A has deposed about fracture and other injuries sustained in road accident after he was hit by offending vehicle No.HR-38P-9358 driven at high speed in rash and negligent manner near Kapashera Bus Stop, Old Delhi Gurgaon Raod on 20.03.2018 at about 06:30 pm.
16. Testimony of PW-1 has remained consistent and suggestion imputing negligence of injured has been stoutly denied during cross-examination by Ld. counsel for insurance company.
17. R1/Pawan Kumar (driver) and R2/Mrs. Bindu Todi (owner) having chosen to suffer ex-parte proceedings have neither availed their right to cross-examine injured nor stepped into witness-box for disputing involvement of Innova Car No.HR-38P-9358 in motor vehicle accident resulting in bodily MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 8 of 22 injury to Dharmender Singh. Adverse inference is therefore 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 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.
18. Moreover, 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.
19. 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 praticular bus in a particular manner may not be possible to be done by the claimants. The claimaints 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...."
20. 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 holding that proceedings under Motor Vehicle MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 9 of 22 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 are sufficient proof to reach the conclusion that the driver was negligent.
21. FINDING : Issue No.1 is therefore decided in favour of petitioner Dharmender Singh by holding that grievous injury sustained in road accident on 20.03.2018 was caused due to rash and negligent driving of vehicle HR-38P-9358 by R1/Pawan Kumar (driver) which vehicle was registered in the name of R2/Bindu Todi (owner) and insured with R3/The Oriental Insurance Co. Ltd.
22. Issue No.2 Whether the petitioner is entitled to claim compensation, if so, what amount and from whom? ... OPP
23. MLC No.06/18 of injured Dharmender Singh was prepared at Manglam Medical and Surgical Centre, Pooth Khurd, Delhi on 20.03.2018 and injured thereafter continued to be treated as outdoor patient till 25.08.2018. He is, therefore, entitled to be compensated for pecuniary and non-pecuniary damage consequent to grievous injury sustained in motor vehicle accident. Quantum of compensation payable to injured has 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 MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 10 of 22 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 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 MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 11 of 22 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).
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 MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 12 of 22 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. MLC No.06/18 prepared at Manglam Medical and Surgical Centre, Pooth Khurd, Delhi mentions grievous injury sustained in road accident whereas Treatment Record filed along with Medical Bills AND copy of certificate issued by Maharishi Valmiki Hospital reveal Fracture of Proximal Femur Left with Implant in Situ.
28. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
29. Aggregate sum of Rs.76,454/- (Rupees Seventy Six Thousand Four Hundred Fifty Four only) against Cash Memo, Medical Bills and Retail Invoices referred as Ex.PW-1/2 is awarded to Dharmender Singh towards expenses incurred on treatment.
CONVEYANCE AND SPECIAL DIET
30. OPD Tickets of Manglam Medical and Surgical Centre, Pooth Khurd, Delhi reveal that injured Dharmender Singh having sustained injury in motor vehicle accident on 20.03.2018 continued to visit the hospital till 25.08.2018. It is assumed that he might have used taxi/private vehicle for visiting the hospital in course of treatment. A sum of Rs.5,000/- (Rupees Five Thousand only) is therefore awarded towards conveyance.
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 13 of 22Similarly, injured must have needed special diet for full and complete recovery from fracture injury. Another sum of Rs.20,000/- (Rupees Twenty Thousand only) is therefore awarded towards special diet.
ATTENDANT CHARGES
31. It is assumed that injured Dharmender Singh having suffered fracture injury must have needed an attendant to assist him for at least two 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, injured Dharmender Singh shall be entitled to an amount of Rs.8,000/- x 2 = Rs.16,000/- (Rupees Sixteen Thousand only) towards attendant charges.
LOSS OF INCOME
32. PW-1 Dharmender Singh in para 2 of affidavit Ex.PW-1/A has deposed to be earning Rs.30,000/- to Rs.40,000/- per month as commercial driver by relying upon copy of ITR, Driving Licence and Driver's Badge. Having suffered fracture injury, it is assumed that injured Dharmender Singh would have taken around two months to recover from injuries sustained in road accident. Monthly income of injured is taken as Rs.25,000/- per month on the basis of ITR for AY 2018-19. Injured Dharmender Singh is, therefore, awarded Rs.25,000/- x 02 months = MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 14 of 22 Rs.50,000/- (Rupees Fifty Thousand only) towards loss of earning during period of treatment.
PAIN AND SUFFERING
33. 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
34. 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 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.
35. Motor vehicle accident has resulted in fracture and other injuries and PW-1 Dharmender Singh has deposed to have remained hospitalized for 3 to 4 days during cross-examination by Ld. Counsel for insurance company. Considering nature of injury, hospitalization and duration of treatment, it would be apposite to award a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards Pain & Suffering.
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 15 of 22LOSS OF AMENITIES, LOSS OF EXPECTATION OF LIFE, LOSS OF FUTURE EARNINIG/PROSPECTS AND FUTURE MEDICAL EXPENSES
36. No compensation for (i) loss of future earning/prospects AND (ii) non pecuniary damages viz. loss of amenities and loss of expectation of life is required to be assessed in the absence of serious injury resulting in permanent physical disability.
37. 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.76,454/-
2. Conveyance Rs.5,000/-
3. Special Diet Rs.20,000/-
4. Attendant Charges (Rs.8000 x 2) Rs.16,000/-
5. Loss of Income (Rs.25,000 x 2) Rs.50,000/-
6. Pain & Suffering Rs.20,000/-
7. Loss of amenities of life -
8. Mental & Physical Shock -
9 Loss of future income/prospect -
TOTAL Rs.1,87,454/-
rounded off to
Rs.1,87,500/-
INTEREST
38. 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 award interest @ 7.5% per annum on the award amount as granted by Hon'ble Supreme Court of India in National MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 16 of 22 Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC
260. Injured is therefore awarded interest @ 7.5% per annum upon award amount Rs.1,87,500/- from the date of filing of DAR on 22.05.2018 till notice of deposit under Order XXI Rule 1 CPC to petitioner/counsel.
LIABILITY
39. Advocate Shri Himanshu Gambhir for R3/Oriental Insurance Co. Ltd. has urged for granting right to recover compensation amount with interest from R1/Pawan Kumar (driver) and R2/Smt. Bindu Todi (owner) by adverting to testimony of R3W1 Ms. Pallavee Thakral, Assistant Manager, Oriental Insurance Co. Ltd. who has referred to terms and conditions of the policy regarding valid and effective driving licence read with Notice under Order XII Rule 8 CPC calling upon driver and owner to produce original driving licence of R1/Pawan Kumar.
40. R1/Pawan Kumar (driver) and R2/Bindu Todi (owner) having chosen to suffer ex-parte proceedings have neither produced valid and effective driving licence held by the driver nor summoned record of Licensing Authority, Nalanda, Bihar to prove that Pawan Kumar (driver) was indeed holding valid driving licence No.BR2120160057375. Adverse inference is therefore to be drawn against the driver and owner in terms of judgment of Hon'ble High Court of Delhi in New India Assurance Co. Ltd. Vs. Sanjay Kumar & Ors. ILR (2007) II Delhi 733.
41. R1/Pawan Kumar being principal tortfeasor driving Innova Car No. HR-38P-9358 in rash and negligent manner resulting in MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 17 of 22 accident and R2/Smt. Bindu Todi (owner) being vicariously liable for the act of the driver are jointly and severally liable to pay the compensation. However, since offending vehicle was insured against Third Party Risk so, R3/Oriental Insurance Co. Ltd. being statutorily liable under Section 149 (1) of M. V. Act shall pay the award amount along with interest to injured with right to recover the same from R1/driver and R2/owner in the absence of valid and effective driving licence held by R1/Pawan Kumar at the time of accident.
42. FINDING : Issue No.2 is decided accordingly by holding that R3/Oriental Insurance Co. Ltd. shall pay the award amount with interest to injured Dharmender Singh and shall be entitled to recover the same from R1/Pawan Kumar (driver) and R2/Bindu Todi (owner).
43. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 20.03.2018
2. Name of the injured : Dharmender Singh
3. Age of the injured : 34 years (at the time of accident)
4. Occupation of the injured : Commercial Driver.
5. Income of the injured : Rs.25,000/- monthly income
6. Nature of injury : Grievous
7. Medical treatment taken : Manglam Medical and Surgical by the injured Centre at Pooth Khurd, Delhi MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 18 of 22
8. Period of hospitalization : 3 - 4 days
9. Whether any permanent : No disability? If yes, give details.
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs.76,454/-
(ii) Expenditure on conveyance Rs.5,000/-
(iii) Expenditure on special diet Rs.20,000/-
(iv) Cost of nursing/attendant Rs.16,000/- (two
months)
(v) Cost of artificial limb -
(vi) Loss of earning capacity -
(vii) Loss of income Rs.50,000/- (two
months)
(viii) Any other loss which may require -
any special treatment or aid to the injured for the rest of her life
12. Non-Pecuniary Loss:
(i) Compensation for mental and -
physical shock
(ii) Pain and suffering Rs.20,000/-
(iii) Loss of amenities of life -
(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:
MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 19 of 22(i) Percentage of disability assessed -
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 -
capacity in relation to disability
(iv) Loss of future Income - (Income x -
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.1,87,454/-
rounded off to Rs.1,87,500/-
15. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from award the date of filing of DAR i.e. 22.05.2018 till notice of deposit under Order XXI Rule 1 CPC
17. Total amount including interest Rs.1,87,500/- + interest @ 7.5% p.a. from the date of filing of the DAR i.e. 22.05.2018 till notice of deposit under Order XXI Rule 1 CPC
18. Award amont 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 MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 20 of 22 21 Next Date for compliance of the 01.02.2025 award.
44. The award amount shall be deposited by R3/Oriental 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.
45. Statement of injured Dharmender Singh regarding financial status, needs and liabilities has been recorded. In view of the said 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 Release Amo No Award Amount unt of FDR
1. Dharmender Injured Rs.1,87,500/- + Rs.1,87,500/ Nil Singh interest @ 7.5% - with p.a. from the proportionate date of filing of interest in the DAR i.e. MACT 22.05.2018 till Claims SB notice of deposit Account of under Order XXI injured Rule 1 CPC TOTAL Rs.1,87,500/- Rs.1,87,500/
46. Injured Dharmender has mentioned details of SB Account No.38801917968 with State Bank of India, Delhi College of MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 21 of 22 Engineering, Bawana Road, Delhi (IFSC Code: SBIN0010446) in her statement recorded on 08.10.2024 and it is requested that cash amount may be transferred in the said SB Account.
47. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to transfer Rs.1,87,500/- with proportionate interest in SB Account No.38801917968 with State Bank of India, Delhi College of Engineering, Bawana Road, Delhi (IFSC Code: SBIN0010446).
48. R1/Pawan Kumar and R2/Mrs. Bindu Todi shall inform the petitioner and his counsel through registered post regarding award amount being transferred/deposited in MACT Account so as to facilitate the injured to know about the deposit in the account.
49. Copy of this award be sent to the concerned Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and State Bank of India, Delhi College of Engineering, Bawana Road, Delhi (IFSC Code:SBIN0010446) for information /compliance.
50. Dasti copy of award be given to Ld. Counsel for injured and Ld. Counsel for respondents.
51. Ahlmad is directed to prepare separate miscellaneous file to be listed on 01.02.2025 for filing compliance report.
52. File be consigned to Record Room.
Announced in the open Court TARUN Digitally signed by TARUN YOGESH on 10.12.2024 YOGESH Date: 2024.12.13 13:41:37 +0530 (Tarun Yogesh) PO, MACT-01, Dwarka Courts, New Delhi MACT No. 521/2018 Dharmender Singh Vs. Pawan Kumar & Ors. Page 22 of 22