Delhi District Court
Shyamu Singh vs Rajesh Gautam on 14 March, 2024
IN THE COURT OF MS. SUNENA SHARMA
PRESIDING OFFICER:MOTOR ACCIDENT CLAIMS
TRIBUNAL PATIALA HOUSE COURTS, NEW DELHI
IN THE MATTER OF:
SHYAMU SINGH VS. RAJESH GAUTAM & ORS.
DAR NO. 364/19
Sh. Shyamu Singh
S/o Sh. Nagendra Singh,
R/o RZ-A-44, IV Floor, Gali No. 12,
Raj Nagar-II, Palam Colony, New Delhi.
........Claimant/Injured
Versus
1. Sh. Rajesh Gautam (Driver)
S/o Sh. B.L. Gautam,
R/o B-81, Kanti Nagar, Shahdara, New Delhi.
2. Sh. Narender Kumar Gautam (Owner)
S/o Sh. Sahab Singh,
R/o B-81, Kanti Nagar, Krishna Nagar, New Delhi.
3. M/s Reliance General Insurance Co. Ltd. (Insurer)
th
Wave Silver Tower, Plot No. D-6, 6 Floor,
Unit No. 19, Sector-18, Gautam Budh Nagar, U.P.
...........Respondents
Date of filing of DAR : 03.06.2019
Date of framing of issues : 20.08.2019
Date of concluding arguments : 15.02.2024
Date of decision : 14.03.2024
DAR No. 364/19 Page 1 of 23
AWARD/JUDGMENT
1. The present Detailed Accident Report (DAR) for compensation relates to grievous injuries suffered by the claimant in a road accident that took place on 29.01.2019 at about 9 pm, about Road towards Rangpuri Near AAI Picket, New Delhi, regarding which an FIR bearing No.28/19, under Sections 279/338 IPC was registered at PS IGI Airport. The offending vehicle involved in this case is an car bearing registration No. DL-9CP-1710, which at the time of accident was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3.
2. Succinctly put, facts of the case as per DAR are that on the aforesaid date, time and place of accident, the claimant was returning his home on foot after finishing his duty via Terminal 3 towards Rangpuri Road, New Delhi. When he reached near AAI Picket, IGI Airport, New Delhi, the offending vehicle bearing registration No. DL-9CP-1710, which was being driven by respondent no. 1 at high speed, in rash and negligent manner and in contravention of traffic rules, came from back side and hit the claimant due to which he sustained grievous injuries. It is further stated that the claimant was taken to JPNA Trauma Centre where his MLC was prepared.
3. Respondent no.1 and 2 have filed their joint reply to the DAR wherein it is stated that they have been falsely implicated in the present matter. It is further stated that the respondent no. 1 was holding a valid driving license at the time of accident and the DAR No. 364/19 Page 2 of 23 alleged offending vehicle was duly insured with them w.e.f. 09.10.2018 to 08.10.2019.
4. Respondent no. 3/Insurance Company has filed its legal offer for a sum of Rs. 1,10,560/- for settlement, which was not acceptable to the claimant.
5. On 20.08.2019, the following issues were framed by the Ld. Predecessor of this Court :-
1. Whether the injured Shyam Singh sustained injuries in the accident which occurred on 29.01.2019 at about 9 pm, about Road towards Rangpuri Near AAI Picket, New Delhi caused by rash and negligent driving of vehicle No. DL-9CP-1710 being driven by respondent No. 1 and owned by respondent No. 2 and insured with respondent No. 3? OPP.
2. Whether the injured is entitled for compensation? If so, to what amount and from whom?
3. Relief.
6. In support of his claim, the claimant has only examined himself as PW1 and Sh. Praveen Kumar, Time Office Executive from M/s Narangs International Hotels Pvt. Ltd. as PW2. However, no evidence in rebuttal came on record from any of the respondents.
7. The Tribunal heard the arguments advanced by Sh. Sanjeev Malik, Ld. Counsel for the claimant, Ld. Counsel for R-1 and R-2 and Sh. Kamaldeep, Ld. Counsel for R3/Insurance DAR No. 364/19 Page 3 of 23 Company. The case record as well as written submissions filed on behalf of the claimant have also been carefully perused. The findings on the above mentioned issues are rendered in succeeding paragraphs hereinafter.
1. Whether the injured Shyam Singh sustained injuries in the accident which occurred on 29.01.2019 at about 9 pm, about Road towards Rangpuri Near AAI Picket, New Delhi caused by rash and negligent driving of vehicle No. DL-9CP-1710 being driven by respondent No. 1 and owned by respondent No. 2 and insured with respondent No. 3? OPP.
8. The onus to prove this issue was upon the claimant. In order to prove negligence of respondent No. 1, the claimant has examined himself as PW-1. He tendered his evidence by way of affidavit as Ex. PW-1/A, wherein he has narrated the mode and manner of accident as well as the injuries sustained by him and treatment taken thereafter. He has relied upon the copy of DAR as Ex. PW1/1 (colly).
9. During cross examination done on behalf of respondent no. 3, he deposed that there was no zebra crossing where the accident had occurred. He denied the suggestion that the accident had taken place due to his negligence or not due to the negligence of alleged offending vehicle. However, no effective cross examination was led on behalf of respondent no. 3.
10. It is explicit from the testimony of PW-1 that DAR No. 364/19 Page 4 of 23 occurrence of accident has not been disputed and the testimony of the witness in this regard has gone unrebutted. Nothing material could be elicited from the cross-examination of PW-1 to disbelieve or discard his testimony. The testimony of PW-1 has been duly corroborated with the DAR filed by the IO as Ex. PW1/1 (colly).
11. Further, legal offer has already been filed on behalf of Insurance Company. Moreover, it has not been disputed that respondent No.1 has been charge-sheeted in the aforesaid FIR for offences punishable under Sections 279/338 IPC for rash and negligent driving of the offending vehicle. The Hon'ble Apex Court in Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303 has observed that filing of charge sheet against the driver prima facie points towards his complicity in driving the vehicle rashly and negligently. It has been further observed that even when the accused were to be acquitted in the criminal case, the same may be of no effect on the assessment of the liability required in respect of motor accident cases by the Tribunal.
12. It is well settled that the procedure followed for proceedings conducted by an Accident Tribunal is similar to that followed by a Civil Court and in civil matters, the facts are required to be established on preponderance of probabilities and not beyond reasonable doubt, as are required in a criminal prosecution. Reference in this regard is made to the judgment of Hon'ble Apex Court reported as (2009) 13 SC 530 in case titled as Bimla Devi and others Vs. Himachal Road Transport Corporation and others, DAR No. 364/19 Page 5 of 23 wherein it has been observed that strict proof of an accident caused by a particular vehicle in a particular manner may not be possible to be done by the claimants and the claimants were merely to establish their case on the touchstone of preponderance of probability.
13. In view of foregoing discussion, it is held that evidence led on record by PW1 on this issue is duly substantiated by the documentary evidence i.e. chargesheet, and thus, it stands proved on preponderance of probabilities that the aforesaid accident took place due to rash and negligent driving of the offending vehicle bearing No. DL-9CP-1710 which was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. Hence, this issue is decided in favour of the claimant and against the respondents.
ISSUE NO.2 Whether the claimant is entitled for compensation? If so, to what amount and from whom?
14. As the issue No.1 has been proved in favour of the claimant, he has become entitled to be compensated for the injuries suffered by him in the accident, but the computation of compensation and liability to pay the same are required to be decided.
15. In terms of Section 168 of the Motor Vehicle Act, 1988, the compensation which is to be awarded by this Tribunal is DAR No. 364/19 Page 6 of 23 required to be 'just'. In injury cases, a claimant is entitled to two different kinds of compensation i.e. pecuniary as well as non- pecuniary damages. The Hon'ble Apex Court in Raj Kumar Vs. Ajay Kumar reported in (2011) 1 SCC 343, has laid down heads under which compensation is awarded in personal injury cases as:-
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).
16. Having considered the ratio of aforesaid judgment, the compensation payable to claimant is assessed hereinafter under the following heads as:-
DAR No. 364/19 Page 7 of 23(i) Medical or Treatment Expenses
17. In his affidavit Ex.PW1/A, the claimant has tendered on record his discharge summary as Ex. PW1/2 (colly), original OPD card dated 05.02.2019 of Trauma Centre along with X-ray report as Ex. PW1/3 (colly), OPD cards of ESIC Dispensary as Ex. PW1/4 (colly), attested copy of discharge summary along with grand bill of Rs. 46,346/- issued by Dr. Ram Sakal Singh as Ex. PW1/5, entire treatment record w.e.f. 09.09.2019 to 15.01.2020 as Ex. PW1/8 (colly).
18. As per discharge summary Ex. PW1/2 (colly), the claimant was admitted in JPNA Trauma Centre on 30.01.2019 and was discharged on the same day and he was diagnosed with fracture in right leg (# BB RT Leg). Thereafter, the claimant had taken treatment from the clinic namely Raj Polyclinic, situated at his native village, where he remained admitted from 20.03.2019 to 31.03.2019 and was diagnosed with fracture right tibia and fibula. As per discharge summary issued by ESI Hospital, Basaidarapur, New Delhi, the claimant was admitted in the said hospital on 25.11.2019 and was discharged on 15.01.2020.
19. The claimant in his affidavit has also tendered on record his original medical bills as Ex. PW1/9 (colly) along with grand bill of Rs.46,346/- issued by Dr. Ram Sakal Singh as Ex. PW1/5, which are totalling to a sum of Rs.56,348/-. During cross examination, he denied the suggestion that the treatment papers with Dr. Ramsakal Singh were prepared in a fraudulent manner to get DAR No. 364/19 Page 8 of 23 enhanced compensation. He further denied the suggestion that Ex. PW1/6, E. PW1/7, Ex. PW1/8 and Ex. PW1/9 are forged and fabricated documents.
20. Perusal of record shows that the medical bill Ex. PW1/5 to the tune of Rs. 46,346/- was issued by Dr. Ram Sakal Singh, Assistant Professor, Medicine. However, there are so many more bills which also seem to have been signed by the same doctor. The medical bill Ex. PW1/5 is pertaining to the period 20.03.2019 to 31.03.2019 whereas the medical bills Ex. PW1/9 (colly) are pertaining to the period from 30.07.2018 to 01.05.2019. Further, there is no mention of name of patient on the said medical bills Ex. PW1/9 (colly). It is also pertinent to mention that the accident had occurred on 29.01.2019 whereas, as many as five medical bills, which are part of Ex. PW1/9(colly) are pertaining to the year 2018 i.e. much prior to the date of accident. Further, the medical bill Ex. PW1/5 does not inspire any confidence for the reason that the heads under which the payments have been charged, are vague. The medical bill Ex. PW1/5 was prepared on the letter head of Dr. Ram Sakal Singh, where his designation is shown as Retired Reader Medicine. Whereas, the designation of same very doctor is shown as Assistant Professor Medicine in the stamp affixed on the medical bill Ex. PW1/5. Further, Ex. PW1/5 nowhere mentions the nature of surgery allegedly undergone by the claimant in Raj clinic at Johnpur, U.P. Perusal of record shows that the claimant had undergone long treatment for the injuries sustained in the accident from ESIC Hospital, Basaidarapur, Ring Road, New Delhi from DAR No. 364/19 Page 9 of 23 February, 2019 till January, 2020 as is reflected from the documents Ex. PW1/4 (colly) and Ex. PW1/8 (colly). Further, as per the documents of claimant's employment placed on record, he had been working in Delhi prior to his accident and in such circumstances, there was no reason for him to get any surgery done from Johnpur, U.P.
21. In view of above discrepancies in the medical bills, the same do not appear to be genuine and hence, I am not inclined to take them into consideration for awarding any medical expenses. As per the version of PW2, the claimant was the member of ESI and from the documents placed on record, it is clear that he had got the entire treatment done from ESI Hospital free of cost and did not incur any medical expense on his treatment. Therefore, no amount is being awarded to the claimant under this head.
(ii) Loss of earnings
22. Claimant in his affidavit Ex. PW1/A has claimed that on the date of accident, he was working as an CDP with M/s Narangs International Hotels Pvt. Ltd. and was getting salary of Rs.23,600/- per month other than some extra allowances. He has tendered on record salary cum leave certificate issued by his employer as Mark A, service record along with salary structure as Ex. PW1/10 and copy of his employment ID as Ex. PW1/11.
23. In order to prove his employment and salary, the claimant has examined on record one Sh. Praveen Kumar, Time Office Executive from his employer as PW2 who deposed that the DAR No. 364/19 Page 10 of 23 claimant was appointed as a DCDP (Demi Chef Da Party) vide appointment letter dated 01.09.2015 as Ex. PW2/2 and thereafter, his services were confirmed w.e.f. 01.03.2016 vide confirmation letter Ex. PW2/3. He further deposed that the claimant was promoted to CDP (Chef Da Party) and his salary was enhanced to Rs. 3,26,484/- per annum (CTC), i.e. Rs. 27,207/- per month w.e.f. 01.04.2018 vide letter dated 05.02.2019 Ex. PW2/4. He further deposed that the claimant had taken leaves for the period w.e.f. 31.01.2019 to 09.07.2019 and thereafter, he joined his services w.e.f. 10.07.2019. The claimant had again taken medical leave for the period w.e.f. 27.11.2019 to 15.01.2020. He further deposed that the claimant had taken the said leaves due to injuries sustained in the accident on 29.01.2019 but as 30.01.2019 was the weekly off day/weekly holiday and therefore, the leave period was mentioned as 31.01.2019 and not 30.01.2019. In this regard, he has placed on record one certificate dated 27.03.2023 Ex. PW2/5.
24. During cross examination, he admitted that no date was mentioned at the bottom of document Ex. PW2/2. He deposed that the payment of monthly salary was made by transferring the same into the bank account of employee only, however, he has not brought any document to show that the payment of salary was made in the bank account of employee. He further deposed that he has not brought the application deposited by the employee for taking medical leave, however, he volunteered that before granting the leave, the leave card was filled up by the brother of employee). He further deposed that the leave period w.e.f. 31.01.2019 to DAR No. 364/19 Page 11 of 23 18.04.2019 were paid leaves, however, he volunteered that the said leaves were deducted from the leaves already earned by the employee. He further deposed that the employee was a member of ESI and whenever an employee having ESI number would meet with an accident and take leave, his salary used to be paid by ESI but, he was not aware whether the claimant had received any salary from ESI or not.
25. Claimant in his affidavit has further claimed that he remained under the supervision of Dr. Ram Sakal Singh and regularly attending his clinic, who advised him bed rest from time to time upto 30.06.2019. In this regard, he has placed on record certificates issued by doctor relating to advise of bed rest as Ex. PW1/6 (colly). He further claimed that he remained on leave w.e.f. 31.01.2019 to 09.07.2019 and in this regard, he has placed on record certificate issued by his employer as Ex. PW1/7.
26. It is explicit from the testimony of PW2 along with aforesaid exhibited documents that the claimant was working on the post of CDP with M/s Narangs International Hotels Pvt. Ltd. and was getting salary of Rs. 27,207/- per month.
27. Further, as per certificate dated 27.03.2023 Ex. PW2/5, the claimant was on paid leaves from 31.01.2019 to 18.04.2019, leave without pay w.e.f. 19.04.2019 to 09.07.2019 and was on ESI medical leaves w.e.f. 27.11.2019 to 15.01.2020.
28. In this regard, Ld. Counsel for claimant has relied upon the judgment of Hon'ble High Court of Delhi in case titled as DAR No. 364/19 Page 12 of 23 Sandeep Mishra Vs. Vijay Kumar Yadav & Ors., MAC App. No.215/2010, wherein it was held that the petitioner is entitled to be compensated for all those leaves availed by him due to above accident irrespective of the nature of these leaves as it is now well settled that even if the leaves were paid leaves, the petitioner is entitled to be reimbursed for the same as he could have enjoyed or availed his leaves later on for his enjoyment or for enjoyment of his family members.
29. In view of the above judgment coupled with the aforesaid certificate Ex. PW2/5, it is established on record that the claimant had availed leaves from 31.01.2019 to 09.07.2019 as well as from 27.11.2019 to 15.01.2020, i.e. 210 days. Hence, the claimant is held entitled to be compensated for loss of earning equivalent to a period of seven months. Therefore, under this head, he is being awarded an amount of Rs.1,90,449/- (Rs.27,207/- X 7 months).
(iii) Mental and Physical Shock, Pain and Sufferings & Loss of Amenities.
30. As stated above, the claimant had suffered grievous injuries in the accident. Though, it is not possible to exactly compensate her for the shock, pain and sufferings etc. which he had actually suffered because of the above injuries, but an effort has to be made to compensate him for the same in a just and reasonable manner. Hence, keeping in view the extent and nature of the injuries DAR No. 364/19 Page 13 of 23 suffered by the claimant and duration of the treatment taken by him etc., an amount of Rs.30,000/- each is being awarded to him towards mental and physical shock & for pain and sufferings. Further, an amount of Rs.15,000/- is also awarded to him towards the loss of amenities suffered by him during said period of his treatment. Thus, he is awarded total amount of Rs.75,000/- under this head.
(iv) Conveyance, Special Diet and Attendant Charges
31. PW1 in his affidavit Ex. PW1/A is silent with regard to the amount spent towards conveyance and special diet. Still this Tribunal can very well take note of the requirement of conveyance for claimant for frequently visiting the hospitals and doctors in connection with his treatment and special diet for his early recovery from the injuries suffered because of the accident. Considering the facts and circumstances of the present case, an amount of Rs.20,000/- each is being awarded to the claimant towards conveyance and special diet.
32. The claimant in his affidavit has further claimed that he had hired an attendant for six months @ Rs. 7,000/- per month. However, there is no documentary proof in order to substantiate his above claim. Still keeping in view the nature of injuries suffered by the claimant, he would have required assistance of some family member/attendant for doing his daily routine work for atleast six months, therefore, a sum of Rs.7,000/- per month for six months is also being awarded to the claimant towards attendant charges. The DAR No. 364/19 Page 14 of 23 claimant is thus entitled to an amount of Rs.82,000/- (Rs.20,000/- + Rs. 20,000 + Rs. 7,000/- X 6 months) under this head.
ISSUE No. 3/Relief
33. In view of foregoing discussion, the claimant is thus awarded a sum of Rs.3,47,449/- (Rupees Three Lakh Fourty Seven Thousand Four Hundred Fourty Nine only) (Rs.1,90,449/- + Rs.75,000/- + Rs.82,000/-) along with 7.5% interest from the date of filing of DAR. However, it is directed that the amount of interim award and interest for the suspended period, if any, during the course of this inquiry, shall be liable to be excluded from the award amount.
RELEASE
34. Out of the awarded amount, 50% amount is directed to be kept with UCO Bank, Patiala House Court, New Delhi in the form of FDR for a period of two years. The amount of FDRs on maturity would be released in his savings/MACT Claims SB Account opened/to be opened near the place of his residence, as directed vide order dated 03.06.2019 and the remaining 50% amount is also directed to be released into his above said account, which can be withdrawn through withdrawal form and utilized by him.
35. The disbursement to the claimant is, however, subject to addition of future interest till deposit proportionately and also deduction of proportionate tax on the interest amount or amount of DAR No. 364/19 Page 15 of 23 interim award, if any, to/from her share.
36. The bank shall not permit any joint names to be added in the savings bank account or MACAD scheme account of claimant i.e. the bank account of claimant shall be individual account and not a joint account.
37. The original fixed deposits shall be retained by the UCO Bank, PHC, New Delhi in safe custody. However, the statement containing FDR numbers, amounts, dates of maturity and maturity amounts shall be furnished by the said bank to the claimant and the above amount shall be released in account of claimant by the Manager, UCO Bank, PHC, ND through RTGS/NEFT/or any other electronic mode.
38. The monthly interest be credited by Electronic Clearing System (ECS) in the saving bank account of the claimant(s) near the place of his residence.
39. The maturity amount of the FDR (s) on monthly basis net of TDS be credited by Electronic Clearing System (ECS) in the above account of claimant.
40. No loan, advance or withdrawal or pre-mature discharge be allowed on the MACAD without permission of the Court.
41. 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 DAR No. 364/19 Page 16 of 23 debit card(s) freeze 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.
42. 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 of the Court and claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance.
43. 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 above.
LIABILITY
44. In view of foregoing discussions, all the respondents are though being held jointly and severally liable to pay the awarded amount of compensation to claimant, but respondent no. 3 being insurer of the offending vehicle is directed to deposit the award amount with UCO Bank, Patiala House Court Branch, along with interest @ 7.5% per annum from the date of filing of DAR by RTGS/NEFT/IMPS in bank account being maintained in the above said bank in name of this tribunal within 30 days from today, failing which it is liable to pay interest at the rate of 9% per annum for the period of delay. In case even after lapse of 90 days from today, respondent no. 3 fails to deposit this compensation with interest, in DAR No. 364/19 Page 17 of 23 that event, in light of judgment of the Hon'ble High Court of Delhi passed in the case of New India Assurance Company Limited Vs. Kashmiri Lal 2007 ACJ 688, this compensation shall be recovered by attaching the bank account of respondent No. 3 with a cost of Rs.5,000/-.
45. The respondent No. 3 shall inform the claimant and his counsel through registered post that the awarded amount has been deposited so as to facilitate him to collect the same.
46. The copy of this award be given to the parties free of cost or be sent by email. Ahlmad is directed to send the copy of the Award to Ld. Metropolitan Magistrate concerned and Delhi Legal Services Authority in view of Judgment titled as Rajesh Tyagi Vs. Jaibir Singh & Ors. passed in FAO no.842/2003 dated 12.12.2014.
47. Further, Nazir is directed to maintain the record in Form XVIII as per the directions given by the Hon'ble Delhi High Court in the above case on 08.01.2021.
48. The particulars of Form-XVII of the Modified Claims Tribunal Agreed Procedure, in terms of directions given by the Hon'ble Delhi High Court in the Rajesh Tyagi Vs. Jaibir Singh & Ors.(supra) on 08.01.2021, are as under:-
1. Date of the accident 29.01.2019
2. Date of filing of Form I- First NA Accident Report (FAR)
3. Date of delivery of Form-II to the NA victim(s)
4. Date of receipt of Form-III from NA DAR No. 364/19 Page 18 of 23 the Driver
5. Date of receipt of Form-IV from NA the owner
6. Date of filing of the Form-V- NA Interim Accident Report (IAR)
7. Date of receipt of Form-VIA and NA Form VIB from the Victim (s)
8. Date of filing of Form-VII- 03.06.2019 Detailed Accident Report (DAR)
9. Whether there was any delay or No deficiency on the part of the Investigating Officer? If so, whether any action/direction warranted?
10. Date of appointment of the 07.06.2019 Designated Officer by the Insurance Company.
11. Whether the Designated Officer of No the Insurance Company submitted his report within 30 days of the DAR?
12. Whether there was any delay or No deficiencies on the part of the Designated Officer of the Insurance Company? If so, whether any action/direction warranted?
13. Date of response of the claimant(s) Legal offer filed, but of the offer of the Insurance not acceptable to the Company. claimant.
14. Date of the Award 14.03.2024
15. Whether the claimant(s) were Yes directed to open savings bank account(s) near their place of DAR No. 364/19 Page 19 of 23 residence?
16. Date of order by which claimant(s) 03.06.2019 were directed to open savings bank account(s) near his place of residence and produce PAN Card and Adhaar 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).
17. Date on which the claimant(s) Yet to furnish produced the passbook of their savings bank account near the place of their residence along with the endorsement, PAN Card and Adhaar Card?
18. Permanent Residential Address of As mentioned above the Claimant(s)
19. Whether the claimant(s) savings Yet to furnish bank account(s) is near his place of residence?
20. Whether the claimant(s) were Yes examined at the time of passing of the award to ascertain his/their financial condition?
49. File be consigned to Record room after completion of necessary formalities. Separate file be prepared for compliance report and be put up on 11.07.2024. Digitally signed SUNENA by SUNENA SHARMA SHARMA Date: 2024.03.14 15:05:28 +0530 Announced in the open court. (Sunena Sharma) on 14.03.2024 PO/MACT, New Delhi Encl: The summary of computation in the prescribed format DAR No. 364/19 Page 20 of 23 SUMMARY OF THE COMPUTATION OF AWARD IN INJURY CASES IN FORM XVI
1. Date of accident : 29.01.2019
2. Name of the injured : Sh. Shyamu Singh
3. Age of the injured : Around 28 years
4. Occupation of the injured : Pvt. Job
5. Income of the injured : Rs.27,207/- per month
6. Nature of injury : Grievous
7. Medical treatment taken by : JPNA Trauma Centre the injured
8. Period of hospitalization : 29.01.2019 to 30.01.2019 20.03.2019 to 31.03.2019 25.11.2019 to 15.11.2020
9. Whether any permanent : Nil disability?
10. Computation of Compensation Sr.No. Heads
11. Pecuniary Loss
(i) Expenditure on treatment : Nil
(ii) Expenditure on conveyance : Rs. 20,000/-
(iii) Expenditure on special diet : Rs. 20,000/-
(iv) Cost of nursing/attendant : Rs. 42,000/-
(v) Loss of earning capacity : Nil
(vi) Loss of Income : Rs.1,90,449/-
(vii) Any other loss which may : Nil
require any special
treatment or aid to the
injured for the rest of his life
12. Non-pecuniary Loss:
DAR No. 364/19 Page 21 of 23
(i) Compensation for mental : Rs.30,000/-
and physical shock
(ii) Pain and suffering : Rs.30,000/-
(iii) Loss of amenities of life : Rs.15,000/-
(iv) Disfiguration : Nil
(v) Loss of marriage prospects : Nil
(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 : Nil
assessed and nature of
disability as permanent or
temporary
(ii) Loss of amenities or loss of : Nil
expectation of life span on
account of disability.
(iii) Percentage of loss of : Nil
earning relation to disability
(iv) Loss of future income : Nil
14. Total Compensation Rs. 3,47,449/-
15. Interest Awarded : 7.5% pa from date of
filing of DAR till the
date of award to be
deposited in 30 days
and 9% thereafter.
16. Interest amount up to the : Rs.1,24,575/-
date of award
17. Total amount including : Rs.4,72,024/- (rounded
interest off to Rs.4,72,100/-)
DAR No. 364/19 Page 22 of 23
18. Award amount released : 50% of his share
19. Award amount kept in the : 50% of his share FDRs/ Motor Accident Claims Annuity Deposit (MACAD)
20. Mode of disbursement of : Through Bank the award amount to the claimant (s)
21. Next date for compliance : 11.07.2024 of the award Digitally signed SUNENA by SUNENA SHARMA SHARMA Date: 2024.03.14 15:05:41 +0530 (Sunena Sharma) PO/MACT, New Delhi 14.03.2024 DAR No. 364/19 Page 23 of 23