Delhi District Court
Ram Kumar vs . Johri Lal & Ors. on 13 September, 2019
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IN THE COURT OF SH. PARAMJIT SINGH, PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. 841/16
Ram Kumar Vs. Johri Lal & Ors.
CNR No. DLSW010001492013
FIR No. 209/12
U/s 279/338 IPC
PS : Dwarka South
Ram Kumar
S/o Sh. Shree Ram
R/o RZ G466, Gali No. 17,
Raj NagarII, Palam Colony,
New Delhi ... Petitioner
Vs
1. Johari Lal
Father of deceasedVirender (Driver)
1A Ram Kanya
Mother of deceasedVirender (Driver)
Both resident of :
B145, Sector7,
Dwarka, New Delhi
2. Saddam Husain (Owner)
S/o Sh. Abid Hussain
R/o C397, Ramphal Chowk,
Sector7, Dwarka,
New Delhi
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 1/40
2
3. United India Insurance Company Ltd. (Insurer)
8th Floor, Kanchanjunga Building,
Barakhamba Road,
New Delhi ... Respondents
MACP No. 1359/16
Shyam Babu Vs. Pradeep & Ors.
CNR No. DLSW010002892013
Shyam Babu
S/o Sh. Rajender Prasad
R/o B192 Pappan Kalan,
Sector7, Dwarka
New Delhi ... Petitioner
Vs
1. Pradeep
S/o Sh. Ram Kumar
R/o RZG466, Gali No.17,
Raj NagarII, Palam Colony,
New Delhi
2. Saddam Husain
S/o Sh. Abid Hussain
R/o C397, Ramphal Chowk,
Sector7, Dwarka,
New Delhi
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 2/40
3
3. Ram Kumar
S/o Sh. Shree Ram
R/o RZ G466, Gali No. 17,
Raj NagarII, Palam Colony,
New Delhi
4. Virender (since deceased)
Through LRs
A Johari Lal
(Father of deceasedVirender)
B Ram Kanya
(Mother of deceasedVirender)
Both resident of :
B145, Sector7,
Dwarka, New Delhi
5 ICICI Lombard General Insurance Company Ltd.
ICICI Lombard House,
414, Veer Sarvarkar Marg,
Near Siddhi Vinayak Temple,
Prabhadevi, Mumbai
6 United India Insurance Company Ltd.
8th Floor, Kanchanjunga Building,
Barakhamba Road,
New Delhi ... Respondents
Date of institution of MACP No.841/16 - 19.01.2013
Date of institution of MACP No.1359/16 04.07.2013
Date on which, judgment have been reserved - 17.08.2019
Date of pronouncement of judgment 13.09.2019
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 3/40
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FORM V
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
CLAIMS TRIBUNAL AGREED PROCEDURE TO BE
MENTIONED IN THE AWARD
(In MACP No. 841/16Ram Kumar Vs. Johari Lal & Ors.)
1 Date of the accident 22.09.2012
2 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Claims Tribunal ( Clause 2)
3 Date of intimation of the accident by the Investigating Not clear from record
Officer to the Insurance Company (Clause 2)
4 Date of filing of Report under Section 173 Cr. PC before Not clear from record
the Metropolitan Magistrate (Clause 10)
5 Date of filing of Detailed Accident Information Report 19.01.2013
(DAR) by the Investigating Officer before Claims
Tribunal. (Clause 10)
6 Date of service of DAR on the Insurance Company. 19.01.2013
(Clause 11)
7 Date of service of DAR on the claimant (s). (Clause 11) 19.01.2013
8 Whether DAR was complete in all respects? (Clause 16) Yes
9 If not, whether deficiencies in the DAR removed later on? N.A
10 Whether the police has verified the documents filed with Yes
DAR? (Clause 4)
11 Whether there was any delay or deficiency on the part of No
the Investigating Officer? If so, whether any action /
direction warranted?
12 Date of appointment of the Designated Officer by the Not clear from record
Insurance company ( Clause 20 )
13 Name, address and contact number of the Designated Not clear from record
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 liability? If No
so, whether the Designated Officer of the Insurance
Company fairly computed the compensation in accordance
with law ( Clause 23 )
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 4/40
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16 Whether there was any delay or deficiency on the part of No
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 the N.A
Insurance Company. ( Clause 24)
18 Date of Award 13.09.2019
19 Whether the award was passed with the consent of the No.
parties? ( Clause 22)
20 Whether the claimant (s) were directed to open savings Yes
bank accounts (s) near their place of residence ? ( Clause
18)
21 Date of order by which claimant(s) were directed to open 02.02.2018
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 passbook of 04.06.2018
their savings bank account near the place of their
residence alongwith the endorsement, PAN Card and
Adhaar Card? (Clause 18 )
23 Permanent Residential Address of the Claimant(s) RZ G466, Raj NagarII, Palam
(Clause 27 ) Colony, New Delhi
24. Details of savings bank account(s) of the claimant(s) and SB account no. 37721040123
the address of the bank with IFSC Code( Clause 27) at SBI, Sector 8, Dwarka, New
Delhi (IFSC Code :
SBIN0017633)
25 Whether the claimant(s) savings bank account(s) is near Yes
his place of residence ? (Clause 27)
26 Whether the claimant(s) were examined at the time of Yes
passing of the award to ascertain his/their financial
condition? ( Clause 27)
27 Account number, MICR number, IFSC Code, name and Account No. 37665510911 at
branch of the bank of the Claims Tribunal in which the SBI, District Court Complex,
award amount is to be deposited/transferred. Sector10, Dwarka New Delhi,
(IFSC Code SBIN0011566 and
MICR Code 110002483)
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 5/40
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JUDGMENT:
Vide this common judgment, I shall dispose of two cases bearing MACP No. 841/16 and MACP No. 1359/16 pertaining to the same road traffic accident, which took place on 22.09.2012.
The first case/DAR (bearing MACP No. 841/16) has been filed qua the injuries caused to petitioner/ injured Ram Kumar in a road traffic accident on 22.09.2012.
The another case/ petition (bearing MACP No. 1359/16) u/s 166 & 140 of MV Act in respect of the injuries sustained in the same road traffic accident has been filed on behalf of petitioner/ injured Shyam Babu against the respondents Pradeep & Ors.
2. Brief facts as made out from the abovesaid DAR and petition are that on 22.09.2012 at about 12:00 noon near Queen Valley School, Sector8, Dwarka, New Delhi, within the jurisdiction of PS Dwarka South, an accident took place involving two motorcycles bearing no. DL 8SAN 3194 and DL 9SAG 4086. It is further stated that the motorcycle bearing no. DL 8SAN 3194 was being driven by Ram Kumar ( petitioner/ injured in MACP No. 841/16) and the motorcycle bearing no. DL 9SAG 4086 was being driven by Virender (since deceased) and Shyam Babu ( petitioner/ injured in MACP No. 1359/16) was a pillion rider on the said motorcycle. It is also stated that accident was a head on collision and in the said accident, Ram Kumar and Shyam Babu sustained injuries and Virender sustained fatal injuries and died and case in this regard was registered vide FIR No. 209/12 u/s 279/338/304A IPC at PS Dwarka South.
On conclusion of the investigation, DAR ( bearing MACP No. 841/16) MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 6/40 7 has been filed by the IO qua injuries sustained by petitioner/injured Ram Kumar in the abovesaid accident.
Further, the connected petition (bearing MACP No. 1359/16) has been filed in respect of the injuries sustained by Shyam Babu in the same accident and therein it has been prayed that an award of Rs.10 lacs alongwith interest @ 12% pa from the date of filing of the petition till realization may be passed in favour of the petitioner/injured Shyam Babu and against the respondents.
3. In MACP No. 841/16, reply has been filed on behalf of R1 Johari Lal, wherein it has been stated that contents of the DAR to the extent that deceased Virender was responsible for accident were wrong and as per the pillion rider on the motorcycle of the deceased, the alleged accident took place due to rash and negligent driving of petitioner Ram Kumar, driver of motorcycle no. DL 8SAN 3194. It is further stated that police had wrongly made a case of rash and negligent driving against deceased Virender, although the accident took place solely and entirely due to the negligent driving of petitioner and it has been prayed that the present case/DAR qua injured Ram Kumar may be dismissed.
4. In MACP No. 841/16, reply has been filed on behalf of R3/ United India Insurance Company Ltd., wherein it has been stated that owner and insurer of motorcycle bearing no. DL 8SAN 3194 were also necessary party because as per the affidavit of injured, accident took place due to rash and negligent driving of petitioner Ram Kumar driver of motorcycle no. DL 8SAN 3194. It is further stated that vehicle bearing no. DL 9SAG 4086 was insured with respondent / insurance company vide policy no.0403003112P000234013 valid from 10.05.2012 to MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 7/40 8 09.05.2013 in the name of Saddam Husain, subject to terms and conditions of the policy. It is also stated that since the accident took place due to rash and negligent driving the petitioner himself, R3/ insurance company was not liable to pay any compensation and it has been prayed that the present case/DAR qua injured Ram Kumar may be dismissed.
The perusal of record reveals that in the case bearing MACP No. 841/16, WS has not been filed on behalf of R2 Saddam Hussain (owner of the offending vehicle).
5. In MACP No. 1359/16, WS has been filed on behalf of R1 Pradeep and R3 Ram Kumar, wherein it has been stated that the compensation claimed by the petitioner was excessive, exorbitant and that the said respondent was not liable to pay the claim, as prayed in the petition. It is further stated that present claim petition was incomplete and vague as it does not disclose full fact and circumstances of the alleged accident and it is also not supported with cogent documentary proof. It is also stated that R3 was not driving his vehicle rashly and negligently and it was the driver of the other motorcycle, who was coming from wrong side and was solely responsible for the accident.
Further, in parawise reply, contents of para 1 to 3, 8 to 10, 14 to 21 and 25 to 27 of the petition are stated to be matter of record. Contents of remaining paras of the petition have been denied on behalf of the petitioner and it has been prayed that the present petition filed on behalf of the petitioner may be dismissed with exemplary cost.
6. In MACP No. 1359/16, reply has also been filed on behalf of Johari Lal MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 8/40 9 (father of deceased R3 Virender), wherein it has been stated that petitioner herein was the pillion rider on the motorcycle no. DL 9SAG 4086 alongwith deceased Virender. It is further stated that as per the pillion rider on the motorcycle of the deceased, the alleged accident took place due to rash and negligent driving of Ram Kumar driver of motorcycle no. DL 8SAN 3194. It is stated that police had wrongly made a case of rash and negligent driving against deceased Virender, although the accident took place solely and entirely due to the negligent driving of Ram Kumar and it has been prayed that an award may be passed against the owner and driver of motorcycle no. DL 8SAN 3194 in terms of Law.
7. In MACP No. 1359/16, WS has also been filed on behalf of R5 ICICI Lombard General Insurance Company Ltd., wherein it has been stated that petition does not disclose any cause of action and was liable to be dismissed. It is further stated that accident in question has taken place due to sole, rash and negligent driving on the part of deceased Virender Kumar, who was driving the motorcycle bearing no. DL 9SAG 4086 in rash and negligent manner and was coming from wrong side and hit the vehicle bearing no. DL 8SAN 3194 while coming from wrong side. It is also stated that the present petition was bad for misjoinder of party as driver, owner and insurer of vehicle no. DL 8SAN 3194 were not necessary parties to the petition as accident had taken place due to rash and negligent driving of Virender Kumar, who was driving the motorcycle bearing no. DL 9SAG 4086.
Further, in reply on merits, contents of para 1 to 7, 11 to 16 and 19 to 21 of the petition have been denied for want of knowledge and contents of para 8 are stated to be matter of record. In reply to para 17, it is stated that vehicle bearing no. DL 8SAN 3194 was insured with respondent / insurance company vide policy no.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 9/40 10 3005/70985666/00/000 valid from 21.04.2012 to 20.04.2013 in the name of Pradeep, subject to terms and conditions of the policy. Contents of remaining paras of the petition have been denied on behalf of R5/ insurance company and it has been prayed that the present petition filed on behalf of the petitioner may be dismissed.
8. In MACP No. 1359/16, WS has also been filed on behalf of R6/ United India Insurance Company Ltd., wherein it has been stated that as per DAR, the alleged accident took place between motorcycle bearing no. DL 8SAN 3194 and motorcycle bearing DL 9SAG 4086 and accident was head on collision and accident took place due to rash and negligent driving of Ram Kumar driver of motorcycle no. DL 8SAN 3194. It is also stated that present petition was bad for nonjoinder of necessary party and was not maintainable in the present form and was liable to be dismissed.
Further, in reply on merits, contents of para 1 to 6 & 10 to 17 of the petition have been denied for want of knowledge and it is stated that contents of para 7 and 19 to 22 need no reply. In reply to para18, it is stated that vehicle bearing no. DL 9SAG 4086 was insured with respondent/insurance company vide policy no. 0403003112P000234013 valid from 10.05.2012 to 09.05.2013 in the name of Saddam Husain, subject to terms and conditions of the policy. Contents of remaining paras of the petition have been denied on behalf of R6/ insurance company and it has been prayed that the present petition filed on behalf of the petitioner may be dismissed with cost.
9. In the case/ DAR bearing MACP No. 841/16, on the basis of the MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 10/40 11 pleadings of the parties, the following issues were framed on 21.11.2013 by one of the Ld. Predecessors of this court in the instant case :
ISSUES :
1. Whether the petitioner received injuries in an accident on 22.09.2012 caused by respondent no. 1, while driving motorcycle bearing no. DL 9SAG 4086 rashly and negligently, owned by respondent no. 2 and insured with respondent no. 3 ? ...OPP
2. If yes, what is the amount of compensation which the claimant is entitled to receive and from which respondent ? ...OPP
3. Relief.
10. In the petition bearing MACP No. 1359/16, on the basis of the pleadings of the parties, the following issues were framed on 30.01.2014 by one of the Ld. Predecessors of this court in the instant case :
ISSUES :
1. Whether the petitioner received injuries in an accident on 22.09.2012 caused by respondent no. 3, while driving motorcycle bearing no. DL 8SAN 3194 Hero Honda rashly and negligently, owned by respondent no. 1 and insured with respondent no. 5 as well as due to rash and negligent driving of vehicle no. DL 9SAG 4086 of late Sh. Viender, owned by respondent no. 2 and insured by respondent no. 6 ? ...OPP
2. If yes, what is the amount of compensation which the claimant is entitled to receive and from which respondent ? ...OPP
3. Relief.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 11/40 12
11. In case/DAR bearing MACP No. 841/16, petitioner/ injured Ram Kumar has examined himself as PW1 and he has also examined PW2 Mahavir Singh, Billing Head, Ayushman hospital, Dwarka and PW3 Sh. Brijesh Kumar Yadav, Assistant Manager (Accounts), Delhi State Civil Supplies Corporation Ltd and therefore PE was closed on behalf of the petitioner.
In petition bearing MACP No. 1359/16, petitioner/ injured Shyam Babu has examined himself as PW1 and he has also examined PW2 Dr. I.D.H. Ruby from Ayushman hospital, Dwarka, PW3 Rajbir from Ayushman Medico and PW4 ASI Shiv Naresh and therefore PE was closed on behalf of the petitioner.
12. In case/DAR bearing MACP No. 841/16, respondents have examined R1W1 Johari Lal.
In petition bearing MACP No. 1359/16, no RE have been led on behalf of the respondents and accordingly, RE was closed vide order dated 07.01.2015 passed by Ld. Predecessor of this court.
13. In case/DAR bearing MACP No. 841/16, I have heard arguments put forward by Ld. counsel for the petitioner/ injured and have carefully gone through record of the case. I have also carefully considered the evidence led by the petitioner/ injured in support of his case as well as RE led on behalf of respondents.
It is pertinent to mention here that arguments have not been addressed in this case on behalf of respondents, despite opportunity being given.
In petition bearing MACP No. 1359/16, I have heard arguments put forward by Ld. counsels for the petitioner/ injured, R1, R3 and R5/ ICICI Lombard General Insurance Company Ltd. and have carefully gone through record of the case. I have also carefully considered the evidence led by the petitioner/ injured in support MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 12/40 13 of his case.
It is pertinent to mention here that arguments have not been addressed in this case on behalf of R2, R4 and R6/ United India Insurance Company Ltd., despite opportunity being given.
14. The issuewise findings are as under :
15. ISSUE No. 1 in MACP No. 841/16 Whether the petitioner received injuries in an accident on 22.09.2012 caused by respondent no. 1, while driving motorcycle bearing no. DL 9SAG 4086 rashly and negligently, owned by respondent no. 2 and insured with respondent no. 3 ? ...OPP & Issue No.1 in MACP No. 1359/16 Whether the petitioner received injuries in an accident on 22.09.2012 caused by respondent no. 3, while driving motorcycle bearing no. DL 8SAN 3194 Hero Honda rashly and negligently, owned by respondent no. 1 and insured with respondent no. 5 as well as due to rash and negligent driving of vehicle no. DL 9SAG 4086 of late Sh. Viender, owned by respondent no. 2 and insured by respondent no. 6 ? ...OPP Issues no. 1 in MACP No. 841/16 and MACP No. 1359/16 are being taken up together as these issues are interconnected and have to be decided on the basis of the same evidence.
In respect of issue no. 1, petitioner Ram Kumar ( petitioner/injured in MACP No. 841/16) has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 22.09.2012 at about 12:00 PM, he was going to duty on his motorcycle bearing no. DL 8SAN 3194 and when he reached near police picket, Queen Valley School, Sector 8, Dwarka, New MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 13/40 14 Delhi, motorcycle bearing no. DL 9SAG 4086 was coming from wrong side at high speed and in a negligent manner and hit his motorcycle as a result of which, he fell down on the road and received grievous injuries. PW1 also deposed that abovesaid accident occurred due to sole negligence of the driver of the offending vehicle bearing no. DL 9SAG 4086/ respondent no. 1, who was driving the said vehicle in rash and negligent manner and in violation of traffic rules and norms.
The important fact is that this witness i.e. PW1 ( petitioner/ injured Ram Kumar) was cross examined on behalf of the 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 R3/insurance company, PW1 stated that the accident was head on collision. PW1 denied the suggestion that his motorcycle was on the wrong side of the road or that deceased driver was coming on the right side of the road. PW1 also denied the suggestion that in collusion with the police, he got a case registered against deceased driver. 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 accident was caused in this case.
Further,in regard to issue no.1, petitioner Shyam Babu ( petitioner/ injured in MACP No.1359/16) has examined himself as PW1 and has filed his evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that he received grievous injuries resulting from an accident arising out of motorcycles no. DL 8SAN 3194 and DL 9SAG 4086. PW1 further deposed that due to grievous injuries received by him in the said accident caused by driver of respondent no. 3, he was unable to do his study properly.
The important fact is that the testimony of this witness i.e. PW1 Shyam Babu ( petitioner/injured in MACP No.1359/16) does not inspire confidence as there are material contradictions and discrepancies therein and his deposition is also MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 14/40 15 contrary to the contents of the DAR bearing MACP No. 841/16 filed by the police after investigation in the instant case bearing FIR No. 209/12, PS : Dwarka South. Further, in his crossexamination by Ld counsels for R1 and R3, PW1 Shyam Babu stated that speed of motorcycle driven by deceased was not high but he had told the motorcyclist to drive carefully. PW1 also stated that he do not know whether the accident was due to negligence of Sh. Virender or not.
In his crossexamination by Ld counsel for R5/ ICICI Lombard General Insurance Company Ltd., PW1 Shyam Babu stated that accident was between two motorcycles and he do not remember whether they were wearing helmets or not. PW1 further stated that he knew as per police, the accident was due to negligence of Sh. Virender. PW1 stated that no protest application has been filed before any Authority against action of police attributing accident to Sh. Virender and he has no enmity with the police.
In the instant case, it is pertinent to note that accident took place involving two motorcycles bearing no. DL 8SAN 3194 and DL 9SAG 4086 and it was a head on collision and in the said accident, Ram Kumar and Shyam Babu sustained injuries and Virender sustained fatal injuries and died and case in this regard was registered vide FIR No. 209/12 u/s 279/338/304A IPC at PS Dwarka South. Further, in the investigation carried out in this case, the police came to the conclusion that Virender Kumar (driver of motorcycle no. DL 9SAG 4086) was at fault and was responsible for causing the accident in question and he himself also died in the said accident and police has filed the DAR/ report mentioning therein Virender as an accused and the offence against him stood abated on account of his death.
Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 15/40 16 petitioners/injured Ram Kumar and Shyam Babu sustained injuries in motor vehicle accident dated 22.09.2012 due to rash and negligent driving of offending vehicle i.e. motorcycle bearing DL 9SAG 4086, which was being driven by Virender ( since deceased), owned by respondentSaddam Husain (R2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners/injured and against respondentSaddam Husain (R2 in both cases bearing MACP No.8451/16 & 1359/16) and respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16).
16. ISSUE No.2 in MACP No. 841/16 If yes, what is the amount of compensation which the claimant is entitled to receive and from which respondent ? ...OPP The onus to prove this issue no. 2 in MACP No. 841/16 was upon the petitioner/ injured therein and in order to discharge the said onus, the petitioner/ injured Ram Kumar has examined himself as PW1 and has filed his affidavit (Ex. PW1/A), wherein it has been stated that he met with an accident on 22.09.2012 due to rash and negligent driving of driver of offending motorcycle bearing no. DL 9SAG 4086. PW1 further stated that he had incurred expenses of Rs.20,000/on conveyance and Rs.25,000/ on special diet. PW1 stated that at the time of accident, he was doing government job and his income was Rs.22,765/pm. PW1 has also relied upon the documents Ex. PW1 to Ex. PW1/3.
In the present case, from the material and evidence record, it is clear that petitioner/ injured Ram Kumar has sustained injuries on account of rash and MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 16/40 17 negligent driving of offending vehicle i.e. motorcycle bearing DL 9SAG 4086, which was being driven by Virender ( since deceased), owned by respondent Saddam Husain (R2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) at the time of accident.
Quantum of compensation payable to the petitioner/injuredRam Kumar is ascertained under the following heads :
17. NATURE AND EXTENT OF INJURIES As per the medical treatment record pertaining to Ayushman Hospital, Dwarka , New Delhi petitioner/ injuredRam Kumar is a case of head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM .
Further as per Disability Certificate No.F.1(1)/DDU/MB/2012 /4156 dated 30.1.2013 issued by DDU Hospital, Hari Nagar, New Delhi the petitioner/ injured Ram Kumar is a case of post traumatic amputation of great toe right foot at interphalangeal joint and post traumatic optic atrophy right eye with total permanent physical disability of 37%.
18. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Ram Kumar has undergone treatment at Ayushman Hospital, Dwarka , New Delhi, where he remained admitted from 22.9.2012 to 24.9.2012 .
Further, in regard to the treatment undergone by him, petitioner/injured has placed on record the medical bill, amounting to Rs.20,500/ and the said medical bill have been proved as Ex. PW1/2 by the PW2 Sh. Mahavir Singh , Billing Head, MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 17/40 18 Ayushman Hospital, Dwarka, New Delhi. There is no reason to doubt the said bill, Ex. PW1/2. In these circumstances and in view of the material on record, the petitioner/ injured shall be entitled to a sum of Rs.20,500/ and accordingly , the petitioner/ injuredRam Kumar is awarded the said amount i.e Rs. 20,500/ (Rupees Twenty Thousand, Five Hundred Only) towards medicines and medical treatment.
19. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Raj Kumar is a case of head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM . 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.
It is being submitted on behalf of the petitioner/injured that he has incurred expenses on conveyance and special diet, however no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner/injured. In fact in his cross examination, PW1 (petitioner/injured) has specifically stated that he has not filed any document in support of his claim that he has spent Rs.20,000/ on conveyance and Rs.25,000/ on special diet. Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured has suffered 37% permanent physical disability due to the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, petitioner/injured shall be entitled to a sum of Rs. 10,000/ ( Rupees Ten Thousand only) towards conveyance. Further, in view of the injuries suffered by him, the petitioner/ injured must have needed special diet for a certain period to have a fast MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 18/40 19 and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded Rs. 15,000/ (Rupees Fifteen Thousand Only) towards expenses for special diet.
20. LOSS OF INCOME In the present case, the petitioner/injured stated that at the time of accident, he was doing government job and his income was Rs.22,765/pm, In this regard, petitioner/injured has also examined PW3 Sh. Brijesh Kumar Yadav, Assistant Manager (Accounts), Delhi State Civil Supplies Corporation Ltd, who has proved pay bill register for the year 20122013 for claimant Ram Kumar as Ex. PW 3/2. In these circumstances, the abovesaid salary Rs. 22,765/ is taken as criteria for calculating the loss of income to the petitioner/injured.
In the instant case, petitioner/injured has suffered head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM and has remained hospitalized for about two days . Further, in view of the material on record, it appears that it might have taken about three 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/injured shall be entitled to a sum of Rs.22,765/ x 3 = Rs. 68,295/ ( Rupees Sixty Eight Thousand Two Hundred Ninety Five Only) under the head ' Loss of Income'.
21. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that he has spent a sum of Rs. 24,000/ on attendant , however neither the said attendant have been MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 19/40 20 examined nor the said payment made to him has been proved on record in accordance with law .
In the instant case, the perusal of the record reveals that petitioner / injured Ram Kumar is a case of head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM and he remained hospitalized for about two 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 three 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 this family members. In the case titled as "Delhi Transport Corporation and Anr. V. Lalita" (reported as AIR 1981 Delhi 558), 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.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 3 = Rs. 12,000/ (Rupees Twelve Thousand Only) towards 'Attendant Charges'.
22. 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 MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 20/40 21
(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 head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM and has remained hospitalized for about two days due to the said injuries sustained by him. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner / injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not 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 Rs.70,000/ (Rupees Seventy Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
23. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that he has suffered loss of the enjoyment of life and other amenities on account of the accident. The petitioner/ injured was about 46 years of age at the time of accident and has suffered head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM and was hospitalized for about two days due to the said injuries sustained in the accident. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/ injured shall be entitled to a sum of Rs. 50,000/ (Rupees Fifty 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 Rs. 30,000/ (Rupees Thirty Thousand only) as MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 21/40 22 compensation for mental and physical shock suffered by him due to the accident in this case.
24. LOSS OF FUTURE INCOME/PROSPECTS In the present case as per medical record, petitioner/injuredRam Kumar has suffered head injury with dislocation DIP & Prox. Phalanges, CLW with loss of planter skin great toe and tendon injury with DM in the accident in this case and as per Disability Certificate dated 30.1.2013 (Ex. PW1/3) issued by DDU Hospital, Hari Nagar , New Delhi, the petitioner/ injured Ram Kumar has suffered 37% permanent physical disability.
Hence, in view of above and in view of the material on record, the functional disability of the petitioner/injured in the instant case can be taken as 19 % and qua the income of the petitioner/injured, this comes to about Rs. 4,325/ p.m . In the instant case, the petitioner/injured was about 46 years of age at the time of accident and hence, the multiplier of '13' is to be taken and therefore the loss of future income/prospects comes to Rs.4,325/ x 12 x 13 = Rs 6,74,700/ .
Thus, in view of the above, the petitioner/injured Sumit shall be entitled to a sum of Rs. 6,74,700/ ( Rupees Six Lacs, Seventy Four Thousand Seven Hundred Only) as compensation under this head.
25. The breakup of compensation that has been awarded to the petitioner/ injuredRam Kumar is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs. 20,500/
2. Conveyance Rs. 10,000/ MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 22/40 23
3. Special Diet Rs. 15,000/
4. Loss of Income Rs. 68,295/
5. Attendant Charges Rs. 12,000/
6. Pain & sufferings Rs. 70,000/
7. Loss of Enjoyment of Life and Amenities. Rs. 50,000/
8. Compensation for mental and physical shock Rs. 30,000/
9. Loss of future income /prospects Rs. 6,74,700/ Total Rs.9,50,495/ rounded of as Rs. 9,51,000/
26. 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 petitioner/injured is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 9,51,000/ from the date of filing of case/DAR i.e. 19.1.2013 till realization.
27. RELIEF IN MACP No. 841/16 ( Ram Kumar Vs. Johari Lal & Ors.
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. 9,51,000/ (Rupees Nine Lacs,Fifty One Thousand only) alongwith interest @ 9% p.a from the date of filing of the case/DAR i.e 19.1.2013 till realization is passed in favour of the petitioner/injured-Ram Kumar and against the respondents.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 23/40 24
28. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 22.9.2012
ii). Name of the injured : Ram Kumar
iii). Age of the injured : 46 years ( at the time of accident)
iv). Occupation of the injured : Govt. Job (at the time of accident)
v). Income of the injured : Rs. 22,765/ p.m
vi). Nature of injury : Grievous
vii). Medical treatment taken : Ayushman Hospital, Dwarka, New Delhi by the injured
viii). Period of hospitalization : About two days
ix). Whether any permanent : 37% permanent physical disability disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 20,500/
(ii) Expenditure on conveyance Rs. 10,000/
(iii) Expenditure on special diet Rs. 15,000/
(iv) Cost of attendant/physiotherapist Rs. 12,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 68,295/
(vii) Any other loss which may require any
special treatment or aid to the injured for
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 24/40
25
the rest of his life
12. Non Pecuniary Loss:
(i) Compensation for mental and physical Rs. 30,000/
shock
(ii) Pain and suffering Rs. 70,000/
(iii) Loss of amenities of life Rs. 50,000/
(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 nature 37% permanent physical of disability as permanent or temporary disability
(ii) Loss of amenities or loss of expectation of life span on account of disability
(iii) Percentage of loss of earning capacity in 19% relation to disability
(iv) Loss of future income(Income x % Rs. 6,74,700/ Earning Capacity x Multiplier)
14. Total Compensation Rs.9,50,495/ rounded of as Rs. 9,51,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of DAR i.e. 19.1.2013 till realization.
17. Total amount including interest Rs. 9,51,000/ + interest @ 9% per annum from the date of filing of the DAR i.e. 19.1.2013 till realization.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 25/40 26
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 Account of amount to the claimant(s) (Clause29) the petitioner/injured. 21 Next Date for compliance of the award. 16.10.2019 ( Clause 31)
29. Further,the statement of petitioner/injuredRam Kumar regarding his financial status, needs and liabilities have 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: S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Ram Kumar Injured Rs. 9,51,000/ Rs. 91,000/ Rs. 8.6 lacs be kept in 86 FDRs of Rs. 10,000/ each for the period from one month to 86 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide Orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
30. ISSUE No.2 in MACP No. 1359/16 If yes, what is the amount of compensation which the claimant is entitled to receive and from which respondent ? ...OPP MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 26/40 27 The onus to prove this issue no. 2 in MACP No. 1359/16 was upon the petitioner/ injured therein and in order to discharge the said onus, the petitioner/ injured Shyam Babu has examined himself as PW1 and has filed his affidavit (Ex. PW1/A), wherein it has been stated that he met with an accident on 22.09.2012 and sustained grievous injuries. PW1 further stated that he had incurred expenses of Rs.1,00,000/on treatment, Rs. 10,000/ each on conveyance & attendant and Rs.15,000/ on special diet. PW1 stated that at the time of accident , he was earning about Rs.10,000/ p.m from tuitions. PW1 also relied upon the documents Ex. PW1/1 & Ex. PW1/2 ( colly.).
In the present case, from the material and evidence record, it is clear that petitioner/ injured Shyam Babu has sustained injuries on account of rash and negligent driving of offending vehicle i.e. motorcycle bearing DL 9SAG 4086, which was being driven by Virender ( since deceased), owned by respondent Saddam Husain (R2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) at the time of accident.
Quantum of compensation payable to the petitioner/injuredShyam Babu is ascertained under the following heads :
31. NATURE AND EXTENT OF INJURIES As per the medical treatment record/MLC pertaining to Ayushman Hospital, Dwarka, New Delhi, petitioner/injured Shyam Babu has sustained grievous injuries due to the accident in this case.
Further, the perusal of the record reveals that petitioner/injured has not filed on record any document to show that he has suffered any permanent disability MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 27/40 28 due to the injuries sustained by him in the accident in this case.
32. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Shyam Babu has undergone treatment at Ayushman Hospital, Dwarka, New Delhi, where he remained admitted from 22.9.2012 to 25.9.2012.
Further, in regard to the abovesaid treatment undergone by him, petitioner/injured Shyam Babu has placed on record the medical bills/ receipts Ex. PW2/1 ( colly.), amounting to Rs.25,550/. There is no reason to doubt the said bills/receipts. In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to a sum of Rs. 25,550/ and accordingly , the petitioner/ injured Shyam Babu is awarded the said amount i.e Rs. 25,550 / (Rupees Twenty Five Thousand, Five Hundred Fifty Only ) towards medicines and medical treatment.
33. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Shyam Babu has suffered grievous injuries . 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.
It is being submitted on behalf of the petitioner/injured that he has spent Rs. 10,000/ on conveyance and Rs. 15,000/ on special diet, however no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner. Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured has not suffered any permanent disability due to MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 28/40 29 the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, petitioner/injured shall be entitled to a sum of Rs. 5,000/ (Rupees Five Thousand only) towards conveyance. Further, in view of the injuries suffered by him, the petitioner/ injured must have needed special diet for a certain 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 Rs. 7,000/ (Rupees Seven Thousand Only) towards expenses for special diet.
34. LOSS OF INCOME In the present case, the petitioner/injuredShyam Babu stated that at the time of accident, he was earning about Rs.10,000/ p.m from tuitions, however, no documentary evidence in this regard has been placed on record and in the absence thereof, the minimum wages during the relevant period ( 22.9.2012) i.e Rs. 7,020/ p.m is taken as criteria for calculating the loss of income to the petitioner/ injured in this case.
In the instant case, petitioner/injured has suffered grievous injuries and has remained hospitalized for about three days. Further, in view of the material on record, it appears that it might have taken about two 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/ injured shall be entitled to a sum of Rs. 7,020/ x 2= Rs. 14,040/ (Rupees Fourteen Thousand Forty only) under the head ' Loss of Income'.
35. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that he has spent MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 29/40 30 a sum of Rs. 10,000/ 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 Shyam Babu has suffered grievous injuries and he remained hospitalized for about three 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 two 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. V. Lalita" (reported as AIR 1981 Delhi 558), 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.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 2 = Rs. 8,000/ (Rupees Eight Thousand Only) towards 'Attendant Charges'.
36. 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 MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 30/40 31 no element of doubt that the petitioner/injured has suffered grievous injuries and has remained hospitalized for about three days due to the said injuries sustained by him. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not 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 Rs.50,000/ ( Rupees Fifty Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
37. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that he has suffered the loss of enjoyment of life and other amenities on account of the accident. The petitioner/ injured was about 20 years of age at the time of accident and has suffered grievous injuries and was hospitalized for about three days due to the said injuries sustained in the accident. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs. 30,000/ (Rupees Thirty 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 Rs. 20,000/ (Rupees Twenty Thousand only) as compensation for mental and physical shock suffered by him due to the accident in this case.
19. The breakup of compensation that has been awarded to the petitioner/ injured Shyam Babu is tabulated as below : MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 31/40 32 S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs. 25,550/
2. Conveyance Rs. 5,000/
3. Special Diet Rs. 7,000/
4. Attendant Charges Rs. 8,000/
5. Loss of Income Rs. 14,040/
6. Pain & Sufferings Rs. 50,000/
7. Loss of Enjoyment of Life and Amenities Rs. 30,000/
8. Compensation for mental and physical shock Rs. 20,000/ Total Rs. 1,59,590/ rounded of as Rs. 1,60,000/
38. 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 petitioner is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 1,60,000/ from the date of filing of petition i.e. 04.7.2013 till realization.
39. RELIEF IN MACP No . 1359/16 ( Shyam Babu Vs. Johari Lal & Ors.) 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 MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 32/40 33 Rs.1,60,000 / (Rupees One Lakh, Sixty Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 04.7.2013 till realization is passed in favour of the petitioner/injured-Shyam Babu and against the respondents .
40. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 22.9.2012
ii). Name of the injured : Sh. Shyam Babu
iii). Age of the injured : 20 years ( at the time of accident)
iv). Occupation of the injured : Private work (at the time of accident)
v). Income of the injured : Rs. 7,020/ p.m
vi). Nature of injury : Grievous
vii). Medical treatment taken : Ayushman Hospital, Dwarka, New Delhi by the injured
viii). Period of hospitalization : About three days
ix). 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. 25,550/
(ii) Expenditure on conveyance Rs. 5,000/
(iii) Expenditure on special diet Rs. 7,000/
(iv) Attendant Charges Rs. 8,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 14,040/
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 33/40
34
(vii) Any other loss which may require any
special treatment or aid to the injured for
the rest of his life
12. Non Pecuniary Loss:
(i) Compensation for mental and physical Rs. 20,000/
shock
(ii) Pain and suffering Rs. 50,000/
(iii) Loss of amenities of life Rs. 30,000/
(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 nature N.A of disability as permanent or temporary
(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 % Earning Capacity x Multiplier)
14. Total Compensation Rs. 1,59,590/ rounded of as Rs. 1,60,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 04.7.2013 till realization.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 34/40 35
17. Total amount including interest Rs. 1,60,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 04.7.2013 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 Account of amount to the claimant(s) (Clause29) the petitioner/injured. 21 Next Date for compliance of the award. 16.10.2019 ( Clause 31)
41. Further,the statement of petitioner/injuredShyam Babu regarding his financial status, needs and liabilities have 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: S.No. Name Status Amount of Award Release Amount Amount /Period of FDR
1. Shyam Babu Injured Rs. 1,60,000/ Rs. 15,000/ Rs.1,45,000/ be kept in 29 FDRs of Rs. 5,000/ each for the period from one month to 29 months in the name of petitioner/ injured with cumulative interest.
The abovesaid award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 35/40 36 Orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).
42. LIABILITY ( In both these cases bearing MACP No. 841/16 & MACP No. 1359/16) In view of the abovesaid findings on Issue no.1, it is evident that the offending vehicle bearing registration no.DL 9SAG 4086, was being driven by Virender ( since deceased), owned by respondentSaddam Husain (R2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) at the time of accident and as such, respondent United India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) being the 'principal tort feasor', shall be liable to pay the awarded amount to the petitioners/injured in both cases .
Hence, in view of the above, Issue No. 2 is decided accordingly.
43. In both these cases bearing MACP No. 841/16 & MACP No. 1359/16 , the award amounts shall be deposited / transferred by respondentUnited India Insurance Company Ltd ( R3 in MACP No. 841/16 and R6 in MACP No. 1359/16) 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/petitioners and their counsel, to the Nazir of this court .
44. PetitionerRam Kumar (petitioner/injured in MACP No. 841/16) has MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 36/40 37 produced the passbook of his SB Account No. 37721040123 at State Bank of India, Sector8, Dwarka, New Delhi (IFSC Code No. SBIN0017633), wherein it has been endorsed that " No ATM or Cheque in this account ".
It is being requested on behalf of the petitioner/injured Ram Kumar that the abovesaid cash amount may be transferred to his aforesaid SB Account at State Bank of India, Sector8, Dwarka, 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. 37721040123 of petitioner/injured Ram Kumar at State Bank of India, Sector8, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide Orders dated 01.5.2018 and 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, State Bank of India, Sector8, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Ram Kumar , 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/injured.
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/injured Ram Kumar .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Ram Kumar without the prior permission of this court.
The abovesaid State Bank of India, Sector8, Dwarka, New Delhi is MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 37/40 38 also directed not to issue any cheque book and/or debit card to the petitioner/ injured Ram Kumar 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/injured Ram Kumar .
State Bank of India, Sector8, Dwarka, New Delhi shall permit account holder i.e petitioner/injured Ram Kumar to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
45. Further, petitioner Shyam Babu (petitioner/injured in MACP No. 1359/16) has produced the passbook of his SB Account No. 272910100028340 at Andhra Bank, Sector7, Dwarka, New Delhi (IFSC Code No. ANDB0002729), wherein it has been endorsed that " No ATM or Cheque in this account ".
It is being requested on behalf of the petitioner/injured Shyam Babu that the abovesaid cash amount may be transferred to his aforesaid SB Account at Andhra Bank, Sector7, Dwarka, 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. 272910100028340 of petitioner/injured Shyam Babu at Andhra Bank, Sector7, Dwarka, New Delhi and to keep the remaining amount in the form of above mentioned FDRs in terms of Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide Orders dated 01.5.2018 and 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, Andhra Bank, Sector7, Dwarka, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Shyam Babu, as per rules, as prayed.
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 38/40 39 At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured.
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/injured Shyam Babu .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Shyam Babu without the prior permission of this court.
The abovesaid Andhra Bank, Sector7, Dwarka, New Delhi is also directed not to issue any cheque book and/or debit card to the petitioner/ injured Shyam Babu 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/injured Shyam Babu .
Andhra Bank, Sector7, Dwarka, New Delhi shall permit account holder i.e petitioner/injured Shyam Babu to withdraw money from his abovesaid saving bank account by means of a withdrawal form .
46. The insurance company shall inform the petitioners/injured as well as their counsels through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioners/injured to know about the deposit in the account.
Certified copy of this award be sent to the concerned Manager, SBI, District Courts Complex, Sector10, Dwarka, New Delhi, Manager, State Bank of India, Sector8, Dwarka, New Delhi and Manager, Andhra Bank, Sector7, Dwarka, New Delhi, for information / compliance.
Copy of this award be also sent through e.mail to Sh.Rajan Singh, MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 39/40 40 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 this award be given ''Dasti' to the petitioners injured/ their counsel and Ld. Counsel for the respondent/United India Insurance Company Ltd.
Certified copy of this award be also sent to the concerned Ld. Metropolitan Magistrate and Delhi State Legal Services Authority.
The main judgment be placed in the file pertaining to the case bearing MACP No. 841/16 and the copy thereof be placed in the file of connected case bearing MACP No. 1359/16 .
Ahlmad is directed to prepare separate misc. files and put up the same for filing of the compliance report on 16.10.2019.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 13.9.2019) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
13.9.2019
Digitally
signed by
PARAMJIT
PARAMJIT SINGH
SINGH Date:
2019.09.13
16:03:35
+0530
MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 40/40