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Delhi District Court

Smt. Nirmala Devi (Wife Of Deceased) vs Sh. Anish Paswan (Driver) on 20 January, 2023

     IN THE COURT OF Dr. KAMINI LAU, JUDGE (MACT)­01
       CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI

MACT No. 228/2022
FIR No. 385/2021
U/s. 279/304 IPC
PS: I. P. Estate
CNR : DLCT01­0049112022

Sh. Jay Yadav (Deceased)
Through LRs:­
1.    Smt. Nirmala Devi (Wife of deceased)
      W/o Late Sh. Jay Yadav

2.      Sh. Mohan Yadav (Father of the deceased)
        S/o Sh. Jagdev Yadav

3.      Smt. Sugandha Devi (Mother of deceased)
        W/o Sh. Mohan Yadav

4.      Master Ansh Kumar Yadav (Son of the deceased)
        D/o Late Sh. Jay Yadav

5.      Baby Navya Yadav (Daughter of the deceased)
        D/o Late Sh. Jay Yadav

        All are residents of :­
        D­3, Main Road, Shastri Park, Delhi.
        Also at: Ward No. 09, Village & Post Durgapatti
        Madhubani, Bihar­847308.
                                                   .......... Petitioners
                                  Versus
1.      Sh. Anish Paswan (Driver)
        S/o Ramji Paswan
        R/o Village Ukauda, PO - Nawada,
        Nawada URF Gonawa, Nawada, Bihar­805124

Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022)
Award dated 20.01.2023                                                         (Page No. 1 of 10)
         Also at: H. No. 145, VPC Camp
        Ram Lila Ground, Railway Colony
        Tuglakabad, Delhi.

2.      Sh. Jitender Kumar (Owner)
        S/o Chhattar Pal Singh
        R/o G­279, Main Road, Shivam Public School
        Lakkarpur, Surajkund, Faridabad, Haryana­121009.

3.      M/s United India Insurance Company Ltd. (Insurer)
        35, 11, Block­A, Indira Colony,
        Moti Nagar, New Delhi­11001
                                                 ......... Respondents
Date of filing of DAR:             16.03.2022
Date of Award:                     20.01.2023

                               SETTLEMENT AWARD:

(1)           This award shall decide the claims of LRs of Sh. Jay Yadav

(Deceased) under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as "M.V. Act") as amended up to date to claim compensation in respect of the death of the deceased Sh. Jay Yadav in a road vehicular accident which took place on 18.12.2021 at about 07:00 AM at Ring Road, Opposite Gate No. 16, IGI Stadium, Delhi, involving the vehicle TATA Truck bearing registration no. HR­55R­ 6816 driven by the respondent no.1 Anish Paswan; owned by respondent no. 2 Jitender Kumar and duly insured with M/s United India Insurance Company Ltd.

(2) In respect of the said accident, an FIR No. 385/2021 under Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 2 of 10) Sections 279/304 IPC was registered at Police Station I. P. Estate and charge­sheet was filed against the respondent no.1 i.e. driver of the offending vehicle after which the Detailed Accident Report (DAR) was filed before this Court/Tribunal, which has been registered as Motor Accident Claim Petition.

(3) Respondent No. 3 M/s United India Insurance Company Ltd. has offered to pay sum of Rs.33,08,464/­ (Rupees Thirty Three Lacs Eight Thousand Four Hundred Sixty Four Only) which offer is Ex.CX­2, towards full and final settlement amount against the compensation sought, which offer has been accepted by the Legal Heirs (LRs) of the deceased in lieu of the death of Sh. Jay Yadav, which is without prejudice to the criminal proceedings pending against the respondent no. 1 Anish Paswan in FIR No. 385/2021, PS: I. P. Estate under Section 279/304 IPC.

(4) Statement of the parties i.e. Smt. Nirmala Devi wife of deceased Jay Yadav (she is appearing on behalf of all the LRs); Sh. Dilawar Singh, Advocate for petitioners; respondent no. 1 Anish Paswan (Driver); respondent no. 2 Jitender Kumar (Owner) and Sh. Raju, Manager M/s United India Insurance Company, are recorded separately.

(5) I have heard the Learned Counsels for the parties and have carefully perused the court record. I am satisfied that the parties have settled the claim amicably without any inducement, force or coercion. In view of the statements of the parties, I pass an award in the sum of Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 3 of 10) Rs.33,08,464/­ (Rupees Thirty Three Lacs Eight Thousand Four Hundred Sixty Four Only) towards full and final compensation of the present claim to the Legal Heirs of the deceased Sh. Jay Yadav. Since the offending vehicle was insured to cover third party risk and the Insurance Company has indemnified the registered owner of the offending vehicle, the Insurance Company is under the statutory liability to pay the compensation. Hence, respondent no. 3 M/s United India Insurance Company Ltd. is liable to pay the entire award amount to the petitioners i.e. LRs of deceased. This award shall be without prejudice to the trial on merits of Case bearing FIR No. 385/2021 under Section 279/304 IPC Police Station I. P. Estate, which his still pending before the concerned Court.

(6) Respondent No. 3 Insurance Company shall deposit the award amount within 30 days from the date of award in the State Bank of India, Tis Hazari Branch, Delhi in the name of the petitioner(s) under intimation to the petitioner and the Tribunal. In default of payment within the prescribed period, respondent/ Insurance Company shall be liable to pay interest @ 12% per annum for the period of delay till its realization. Insurance Company is further directed to place on record proof of deposit of the award amount, proof of delivery of notice to petitioner(s) in respect of deposit of the award amount and complete details in respect of calculation of interest etc., if any, in the Tribunal within 30 days with effect from today.

Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 4 of 10) Apportionment:

(7) It is evident from the record that the deceased Sh. Jay Yadav has left behind Five Legal Heirs namely Smt. Nirmala Devi (Wife), Sh. Mohan Yadav (Father), Smt. Sugandha Devi (Mother), Master Ansh Yadav (Son) and Baby Navya Yadav (Daughter). Therefore, the entire award amount shall be apportioned to them. For the sake of convenience, the individual shares of the LRs of the deceased are tabulated as under:
Sr. Name of the Relation with Percentage of Amount in (Rs.) No. claimant deceased award amount 1 Nirmala Devi Wife 30% Rs. 9,92,539.2p (aged 32 years) 2 Mohan Yadav Father 20% Rs. 6,61,692.8p (aged 56 years) 3 Sugandha Yadav Mother 20% Rs. 6,61,692.8p (aged 53 years) 4 Ansh Kumar Son 15% Rs. 4,96,269.6p Yadav (aged 06 years) 5 Navya Yadav Daughter 15% Rs. 4,96,269.6p (aged 01 years) Disbursement:
(8) In so far as Smt. Nirmala Devi (Wife of deceased) is concerned, on realization of the award amount, a sum of Rs.92,539.2p/­ be released to her from her share and the balance amount of Rs.9,00,000/­ (Rupees Nine Lacs only) shall be put in Ninety Monthly Fixed Deposits in her name in MACAD Account of equal amount of Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 5 of 10) Rs.10,000/­ (Rupees Ten Thousand only) each for a period of 01 month to 90 months respectively, with cumulative interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said amount, amount of FDRs on maturity, shall automatically be transferred in her saving account maintained in a nationalized bank without the facility of cheque book and ATM card. It is clarified that the amount shall be released to her only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued and the same shall not be issued without the prior permission of this Tribunal. Smt. Nirmala Devi shall be at liberty to seek the release of Rs.92,539.2p from the bank located within the jurisdiction of this Tribunal itself.

(9) In so far as Sh. Mohan Yadav (Father of deceased) is concerned, on realization of the award amount, a sum of Rs.61,692.8p/­ be released to him from his share and the balance amount of Rs.6,00,000/­ (Rupees Six Lac only) shall be put in Sixty Monthly Fixed Deposits in his name in MACAD Account of equal amount of Rs.10,000/­ (Rupees Ten Thousand only) each for a period of 01 month to 60 months respectively, with cumulative interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said amount, amount of FDRs on maturity, shall automatically be transferred in his saving account maintained in a nationalized bank without the facility of cheque book Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 6 of 10) and ATM card. It is clarified that the amount shall be released to him only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued and the same shall not be issued without the prior permission of this Tribunal. Sh. Mohan Yadav shall be at liberty to seek the release of Rs.61,692.8p/­ from the bank located within the jurisdiction of this Tribunal itself.

(10) In so far as Smt. Sugandha Devi (Mother of deceased) is concerned, on realization of the award amount, a sum of Rs.61,692.8p/­ be released to her from her share and the balance amount of Rs.6,00,000/­ (Rupees Six Lacs only) shall be put in Sixty Monthly Fixed Deposits in her name in MACAD Account of equal amount of Rs.10,000/­ (Rupees Ten Thousand only) each for a period of 01 month to 60 months respectively, with cumulative interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said amount, amount of FDRs on maturity, shall automatically be transferred in her saving account maintained in a nationalized bank without the facility of cheque book and ATM card. It is clarified that the amount shall be released to her only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued and the same shall not be issued without the prior permission of this Tribunal. Smt. Sugandha Devi shall be at liberty to seek the release of Rs.61,692.8p/­ from the bank located within the jurisdiction of Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 7 of 10) this Tribunal itself.

(11) In so far as Master Ansh Kumar Yadav and Baby Navya Yadav (both children of deceased) are concerned, they are minors and hence, their entire share shall be kept in separate FDRs in their names till they attain the age of majority. On attaining the age of majority, 10% of the amount along with interest on FDR shall be released to them and 90% of the balance amount along with interest shall be kept in 20 monthly fixed deposits of equal amount in their name separately in a Nationalized Bank for a period of 01 month to 20 months. Besides the above said amount, the amount of FDRs on maturity shall automatically be transferred in their saving accounts maintained in a Nationalized Bank near the place of their residence without the facility of cheque book and ATM Card and it is clarified that the amount shall be released to them only on submitting the copy of pass­book of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued or if has been issued, same has been withdrawn and same shall not be issued without the prior permission of this Tribunal. In order to secure the future of the children, the interest shall not be released.

(12) The following conditions are imposed with respect to the fixed deposits:

(a) The bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant(s) i.e. the savings bank account(s) of the claimant(s) shall be an individual savings bank account(s) and Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 8 of 10) not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by the bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant(s) near the place of their residence.
(d) The maturity amounts of the FDR(s) be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant(s) near the place of their residence.
(e) No loan, advance, withdrawal or pre­ mature discharge be allowed on the fixed deposits without permission of the Court.
(f) The concerned bank shall not issue any cheque book and/or debit card to claimant(s).

However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall freeze the debit card(s) of the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank.

(g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect, that no cheque book and/or debit card have been issued and shall not be issued without the permission Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 9 of 10) of the Court and claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance.

(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbook(s) of the claimant(s) is sufficient compliance of clause (g) above.

(13) Copy of the award be given to the parties free of costs. Copy of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA). (14) The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled.

(15) Naib Nazir is directed to prepare the miscellaneous file for compliance on 24.02.2023. 

(16)          File be consigned to Record Room.


Announced in the open Court                                (Dr. KAMINI LAU)
Dated: 20.01.2023                                      PO, MACT­01, Central District,
                                                          Tis Hazari Courts, Delhi

Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 10 of 10) Jay Yadav Vs. Anish Paswan & Ors.

MACT No. 228/2022 FIR No. 385/2021

PS: I. P. Estate U/S: 279/304 IPC 20.01.2023 Present: Sh. Dilawar Singh Advocate along with Smt. Nirmala Devi wife of deceased in person.

Sh. Lalit Mohan Singh Advocate along with respondent no. 1 and 2 in person.

Sh. Vinay Chaudhary Advocate along with Sh. Raju, Manager of M/s United India Insurance Co. Ltd. Ld. Counsel for the respondent no. 3 has submitted that the Insurance Company has duly approved the reasoned legal offer for sum of Rs.33,08,464/­ which has been duly accepted by the Legal Heirs (LRs) of the deceased without prejudice to the criminal proceedings pending against the respondent no. 1 Anish Paswan in FIR No. 385/2021, PS: I. P. Estate under Section 279/304 IPC.

Statement of the parties i.e. Smt. Nirmala Devi wife of deceased Jay Yadav (she is appearing on behalf of all the LRs); Sh. Dilawar Singh, Advocate for petitioners; respondent no. 1 Anish Paswan (Driver); respondent no. 2 Jitender Kumar (Owner) and Sh. Raju, Manager M/s United India Insurance Company, are recorded separately.

I have considered the submissions and the statements made before me. I am satisfied that the parties have settled the claim without Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 11 of 10) any inducement, force or coercion. Vide separate judgment announced today, Settlement Award is passed in terms of the statements. This award shall be without prejudice to the trial on merits of Case bearing FIR No. 385/2021 under Section 279/304 IPC Police Station I. P. Estate, which his still pending before the concerned Court.

It is clarified that the award amount shall be released to the petitioners only on their producing the necessary documents i.e. Aadhar Card, PAN Card and bank passbook having necessary endorsement, as per rules.

Copy of the award be given to the parties free of costs. Copy of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA).

The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled.

Naib Nazir is directed to prepare the miscellaneous file for compliance on 24.02.2023.

File be consigned to Record Room.

(Dr. Kamini Lau) PO (MACT­01), Central Tis Hazari Court, Delhi /20.01.2023 Jay Yadav (Deceased) Through LRs Vs. Anish Paswan & Ors. (MACT No. 228/2022) Award dated 20.01.2023 (Page No. 12 of 10)