Delhi District Court
Rakesh Kumar vs Dilawar Singh And Ors on 12 March, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.1020/2018
CNR No. DLSW01-020226-2018
FIR No. 234/2018
P.S. Sector-23, Dwarka
In the matter of:
1) Sh. Rakesh Kumar
S/o Sh. Ganga Vishnu,
R/o H.No. 273, Village-Aurangpur,
Distt. Jhajjar, Haryana-124103. ... (Petitioner)
Versus
1) Sh. Dilawar Singh,
S/o Sh. Silak Ram,
R/o Vill. Mankrola,
Distt. Gurgaon, Haryana. ... (Driver)
2) Delhi Transport Corporation,
Through its Chairman,
I P Estate, New Delhi. ....(Owner)
3) United India Insurance Co. Ltd.
At-E-85, 8th Floor, Himalya House
K.G. Marg, New Delhi. ...(Insurance company)
... Respondents
Date of Institution : 30.10.2018
Date of judgment : 12.03.2025
AWAR D
Preface
1. Detailed Accident Report (DAR) in FIR No.234/2018
under section 279/338 IPC PS Sector-23, Dwarka has been
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 1 of 23
clubbed with application under section 166 of M.V. Act seeking
compensation for bodily injury sustained in motor vehicle
accident.
Background
2. Brief facts gleaned from petition read with Final Report under section 279/338 IPC would reveal that petitioner Rakesh Kumar sustained grievous injury in motor vehicle accident on 06.09.2018 at around 8:20 am after he fell down from DTC Bus No.DL-1PC-7410 and right hand of injured got crushed under the rear wheel of the bus driven negligently by Dilawar Singh (driver) who stopped the Bus after hearing alarm raised by the petitioner. Injured was taken to Ayushman Hospital by PCR where MLC No.4841/18 was prepared recording (i) tenderness in right lateral region of chest AND (ii) profuse bleeding with underlying tissue and bone exposed which was opined grievous. Injured, thereafter, got treated at ESI Hospital, Basai Darapur, Delhi and was referred to AIIMS Trauma Centre where he remained admitted from 20.09.2018 to 26.09.2018.
3. FIR No.234/2018 under section 279/338 IPC, PS Sector- 23, Dwarka was registered on 08.09.2018 and respondent Dilawar Singh (driver) was formally arrested and released on police bail on 10.09.2018. Documents including DL, RC, Policy and Permit of DTC Bus were verified from concerned authorities and offending Bus No. DL-1PC-7410 was released on superdari after its mechanical inspection. IO, thereafter, concluded investigation and prepared DAR which was filed in Court along with Final Report under section 279/338 IPC.
4. It is submitted that applicant used to work as Ramp Service Assistant at IGI Airport, Delhi earning Rs.15,945/- per month MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 2 of 23 and respondents driver, owner and insurer are jointly and severally liable to compensate him for pecuniary and non- pecuniary damages consequent to bodily injury resulting in 90% permanent physical disability due to disarticulation of right upper limb.
Defence
5. R1/Dilawar Singh (driver) and R2/DTC have filed joint reply imputing negligence of injured who was trying to board the Bus by holding the rod of the rear gate and fell down in the process resulting in bodily injury. Respondents, in addition, have mentioned valid licence & policy for disputing liability by contending that compensation, if any, would be borne by the insurance company.
6. R3/United India Insurance Co. Ltd. on its part has filed 'Legal Offer' assessing total compensation Rs.11,000/- plus Actual Medical Bills, if any, for bodily injury sustained in road accident.
Inquiry
7. Following issues were settled on 04.11.2019 and matter was posted for petitioner evidence.
i. Whether Rakesh Kumar sustained grievous injuries in a motor vehicle accident dt.
06.09.2018 due to rash and negligent driving of vehicle No. DL-1PC-7410 being driven by respondent no. 1 Dilawar Singh, owned by respondent no. 2 DTC and insured by respondent no. 3 United India Insurance Company Ltd.? ... OPP ii. Whether the petitioner is entitled to claim compensation if so, what amount and from whom? ...OPP MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 3 of 23 iii. Relief.
8. PW-1 Rakesh Kumar in paras 2 to 13 of affidavit Ex.PW1/A has inter alia deposed about - (i) right hand of deponent being crushed under the rear tyre of the Bus/offending vehicle after he fell down from DTC Bus No. DL-1PC-7410 on 06.09.2018 at about 8:20 am; (ii) treatment at Ayushman Hospital, ESI Hospital & JPN Apex Trauma Centre, AIIMS where remained admitted till 26.09.2018; (iii) Disability Certificate issued by the Medical Board, Office of Civil Surgeon, Jhajjar, Haryana assessing 90% disability; (iv) expenses incurred on treatment, medicines, conveyance, special diet, attendant; (v) injured having studied up to 12 th standard used to work as Ramp Service Assistant at Airport earning Rs.15,945 per month AND
(vi) general and special damages suffered as a result of bodily injury leading to amputation of arm. PW-1 has also relied upon following documents:
i. DAR - Ex.PW-1/1 (Colly) ;
ii. Medical Bills - Ex.PW-1/2 (Colly.);
iii. Discharge Record of AIIMS - Ex.PW-1/3;
iv. Cash Memos/Bills of Ambulance Service - Ex.PW-1/4 (Colly);
v. Copy of Marksheet of Senior Secondary Certificate Examination - Ex.PW-1/5 (OSR);
vi. Pay Slip for the month of October 2018 - Mark-A;
vii. Copy of Disability Certificate No. PH/2018/785 dated 14.11.2018 - Ex.PW-1/7 (OSR).
9. PW-2 Dr. Parmendra, ASMO (Ortho), Civil Hospital, Jhajjar, Haryana being summoned witness has identified Entry at Serial No. 785 of the Record/Register of Disability and referred MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 4 of 23 to the 'Self Attested' copy of the document produced by injured Rakesh Kumar as Ex.PW-2/1.
10. PW-1 and PW-2 have been cross-examined by Ld. counsel for respondents and petitioner evidence was closed on 18.09.2023.
11. No witness has been examined by driver, owner & insurer and respondents' evidence was closed on 12.02.2024. Discussion and Conclusion
12. Advocate Sh. Hitesh Kumar for injured and Advocate Sh. A. K. Vashishta for United India Insurance Co. Ltd. have addressed their submissions.
13. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
14. Issue No.1:
Whether Rakesh Kumar sustained grievous injuries in a motor vehicle accident dt. 06.09.2018 due to rash and negligent driving of vehicle No. DL-1PC-7410 being driven by respondent no. 1 Dilawar Singh, owned by respondent no. 2 DTC and insured by respondent no. 3 United India Insurance Company Ltd? ... OPP
15. PW-1 Sh. Rakesh Kumar in paras 2 & 3 of affidavit Ex.PW-1/A has deposed that he had reached Railway Fatak, Shahbad Mohammad Pur, Delhi on 06.09.2018 at around 8:20 am and right hand of the deponent got crushed under the rear tyre of the Bus/offending vehicle after he fell down from DTC Bus No. DL-1PC-7410 on his way for joining duty.
16. Testimony of PW-1 Sh. Rakesh Kumar has remained consistent and suggestions imputing negligence of injured has been denied during cross-examination by respondents' counsel.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 5 of 23Following portion of cross-examination of PW-1 is extracted below for reference:
"....It is wrong to suggest that backdoor of the offending bus was not opened by the driver at the place where I was standing. It is wrong to suggest that that I had picked up the door handle of the said Bus in running condition. It is wrong to suggests that I fell down on the road due to my own sole negligency. It is wrong to suggest that driver of the said Bus was not any fault. It is wrong to suggest that I have wrongly mentioned that I boarded the bus on the door only. It is wrong to suggest that I forcibly tried to enter into the bus but the gate was closed and for that, I fell down on road and sustained injuries on my body."
17. Respondent Dilawar Singh (driver) on the other hand has not entered the witness-box to rebut allegation of rash and negligent driving of DTC Bus No.DL-1PC-7410 and adverse inference is required to be raised against the driver as per the dicta of Hon'ble High Court of Orissa in National Insurance Company Ltd. Vs. Durdadshya Kumar Samal & Ors. 1987 SCC Online Ori. 57 AND Cholamandalam MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided by Hon'ble High Court of Delhi on 11th November, 2008.
18. Moreover, it is well settled law that negligence of the driver in case of road traffic accident is required to be established on the touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under Motor Vehicle Act as held by Hon'ble Supreme Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal Road Transport Corporation & Ors (2009) 13 SCC 530.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 6 of 2319. Following observations in para 15 of aforesaid judgment of Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. It was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the claimants. The claimants were merely to establish their case on the touchstone of preponderance of probability. The standard of proof beyond reasonable doubt could not have been applied...."
20. Similar observation has been recorded by Hon'ble High Court of Delhi in para 12 of its judgment delivered in National Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC Online Del 1700 by holding that proceedings under Motor Vehicle Act are not akin to proceeding in a civil suit hence strict rules of evidence are not required to be followed and FIR against the driver along with criminal record of the case showing completion of investigation by the police leading to Final Report are sufficient proof to reach the conclusion that the driver was negligent.
21. FINDING: Issue No.1 is therefore decided by holding that bodily injury suffered by Rakesh Kumar in road accident on 06.09.2018 was caused as a result of rash and negligent driving of DTC Bus No. DL-1PC-7410 by R1/Dilawar Singh (driver) which vehicle was registered in the name of R2/DTC (owner) and insured with R3/United India Insurance Co. Ltd.
22. Issue No.2 MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 7 of 23 Whether the petitioner is entitled to claim compensation if so, what amount and from whom? ... OPP
23. Petitioner Rakesh Kumar having suffered crush injury involving right shoulder, arm and abrasion over right chest wall was taken to Ayushman Hospital where MLC No. 4841/18 was prepared recording (i) tenderness in right lateral region of chest AND (ii) profuse bleeding with underlying tissue and bone exposed which was opined grievous. He, thereafter, got treated at ESI Hospital, Basai Darapur, Delhi and was referred to AIIMS Trauma Centre where he underwent right upper limb disarticulation and subsequent STSG Over Stump in course of treatment from 20.09.2018 to 26.09.2018. Injured Rakesh Kumar has been also assessed with 90% (ninety percent) locomotor disability consequent to right shoulder disarticulation by the Medical Board, Office of Civil Surgeon, Jhajjar, Haryana and copy of Disability Certificate No. PH/2018/785 dated 14.11.2018 has been proved as Ex.PW-1/7 (OSR). He is, therefore, entitled to be compensated for pecuniary and non-pecuniary damage consequent to grievous injury sustained in motor vehicle accident. Quantum of compensation is required to be assessed separately under pecuniary and non-pecuniary heads.
24. At the outset, it has to be borne in mind that compensation is not expected to be a windfall or a bonanza nor it should be niggardly and Courts & Tribunals have a duty to weigh the various factors and quantify the amount of compensation which should be just. What would be "just" compensation is a vexed question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 8 of 23 damages cannot be arrived at by precise mathematical calculations. It would depend upon the particular facts and circumstances, and attending peculiar or special features, if any, as held by Hon'ble Supreme Court of India in Helen C. Rebello Vs. Maharasthra SRTC, 1999 (1) SCC 90.
25. Following para of judgment of Hon'ble Supreme Court of India in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. & Ors. (1995) 1 SCC 551 being relevant is extracted herein below:
"9. Broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters i.e. on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life."MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 9 of 23
26. Heads of compensation under pecuniary and non- pecuniary damages have been further explained by Hon'ble Apex Court in para 6 of Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 which reads as under:
"6. The heads under which compensation is awarded in personal injury cases are the following:
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non-pecuniary damages (General
Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii),
(v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 10 of 23 loss of prospects of marriage) and loss of expectation of life.
NATURE AND EXTENT OF INJURIES
27. Injured Rakesh Kumar having suffered crush injury involving right shoulder, arm and abrasion over right chest wall was referred to AIIMS Trauma Centre where he underwent right upper limb disarticulation and subsequent STSG Over Stump in course of treatment from 20.09.2018 to 26.09.2018.
28. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
29. Petitioner has deposed about expenses incurred on medicines and treatment and relied upon Medical Bills referred as Ex.PW-1/2 (Colly.). Aggregate sum of Rs.20,325/- (Rupees Twenty Thousand Three Hundred Twenty Five only) against IPD Bill/Receipt and Cash Memos Ex.PW-1/2 (Colly.) is awarded to injured Rakesh Kumar towards expenses incurred on Medicine & Treatment.
CONVEYANCE AND SPECIAL DIET
30. Petitioner Rakesh Kumar having suffered bodily injury after his right hand got crushed under the rear wheel of DTC Bus was taken to Ayushman Hospital, Dwarka where MLC No. 4841/18 was prepared recording (i) tenderness in right lateral region of chest AND (ii) profuse bleeding with underlying tissue and bone exposed which was opined grievous. Injured, thereafter, got treated at ESI Hospital, Basai Darapur, Delhi and was referred to AIIMS Trauma Centre where he remained admitted from 20.09.2018 to 26.09.2018. He has relied upon Cash Memo/Bills of Ambulance Service referred as Ex.PW-1/4.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 11 of 23Aggregate sum of Rs.7,100/- (Rupees Seven Thousand One Hundred only) is therefore awarded towards conveyance. It is assumed that petitioner Rakesh Kumar might have needed special diet for full and complete recovery from crush injury of right hand resulting in disarticulation of right upper limb. Another sum of Rs.50,000/- (Rupees Fifty Thousand only) is therefore awarded towards special diet. ATTENDANT CHARGES
31. Petitioner Rakesh Kumar having suffered suffered crush injury involving right shoulder, arm and abrasion over right chest wall has undergone right upper limb disarticulation and subsequent STSG Over Stump resulting in 90% permanent locomotor disability. He must have needed an attendant to assist him for around 06 months even if such gratuitous service was rendered by some or the other of his family/relatives. Hon'ble High Court of Delhi in Delhi Transport Corporation and Anr. Vs. Kumari Lalita 1982 SCC Online Delhi 123 has held that the victim cannot be deprived of compensation towards gratuitous service rendered by some of his family member. Accordingly, in the facts and circumstances of the case and in view of material on record, petitioner Rakesh Kumar is awarded Rs.10,000/- x 6 = Rs.60,000/- (Rupees Sixty Thousand only) towards attendant charges.
LOSS OF INCOME
32. PW-1 Sh. Rakesh Kumar in para 11 of affidavit Ex.PW- 1/A has deposed about monthly salary Rs.15,945/- by working as Ramp Service Assistant at IGI Airport, Delhi and relied upon Pay Slip of the month of October, 2018 mentioning Net Monthly Income Rs.15,882/-.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 12 of 2333. Advocate Sh. A.K. Vashishta for insurance company, per contra, has referred to cross-examination of PW-1 wherein injured has deposed to be residing at Village Aurang Pur, District Jhajjar, Haryana for contending that monthly income of Rakesh Kumar should be taken as per minimum wage applicable in the State of Haryana.
34. It is well settled law that 'Minimum Rates' for assessing compensation for bodily injury is to be resorted only in the absence of cogent evidence verifying monthly income of injured.
35. Having suffered crush injury involving right shoulder, arm and abrasion over right chest wall leading to disarticulation of right upper limb, it is assumed that injured Sh. Rakesh Kumar would have taken around six months to recover from injuries sustained in road accident. He is, therefore, awarded Rs.15,882/- x 06 months = Rs.95,292/- (Rupees Ninety Five Thousand Two Hundred Ninety Two only) towards loss of earning in course of treatment & recovery from fracture injury. PAIN AND SUFFERING
36. Following factors are to be taken into account for assessing compensation under the head - Pain and Suffering:
i. Nature of injury;
ii. Parts of body where injuries occurred; iii. Surgeries, if any;
iv. Confinement in hospital;
v. Duration of the treatment.
37. Hon'ble Supreme Court of India in para 9 of Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. & Anr. (2010) 10 SCC 254 has observed that whole idea in case of assessment of all damages for personal injury is to put the MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 13 of 23 claimant in the same position as he was insofar as money can. Perfect compensation is hardly possible but one has to keep in mind that the victim has done no wrong; he has suffered at the hands of wrongdoer and Court must take care to give him full and fair compensation for that he had suffered.
38. Petitioner Rakesh Kumar having suffered crush injury involving right shoulder, arm and abrasion over right chest wall underwent right upper limb disarticulation and subsequent STSG Over Stump in course of treatment at JPN Apex Trauma Centre, AIIMS from 20.09.2018 to 26.09.2018 and has been assessed with 90% permanent locomotor disability. Considering the nature of injury, hospitalization and duration of treatment, a sum of Rs. Rs.1,00,000/- (Rupees One Lakh only) is awarded towards 'Pain & Suffering' in addition to Rs.1,00,000/- (Rupees One Lakh only) as damage for 'Mental and Physical Shock' on account of crush injury leading to amputation of right upper limb. LOSS OF AMENITIES AND LIFE
39. Facts of the present case disclose that injured Rakesh Kumar having undergone right upper limb disarticulation has been assessed with 90% permanent locomotor disability which is likely to affect his overall health, well-being and quality of life & lifestyle. He is therefore awarded Rs.2,00,000/- (Rupees Two Lakh only) towards loss of amenities.
DISFIGURATION
40. A sum of Rs.3,50,000/- has been sought for disfiguration. Amputation of right upper limb is bound to have resulted in disfigurement. Injured Sh. Rakesh Kumar is, therefore, awarded a sum of Rs.2,00,000/- (Rupees Two Lakhs only) for disfiguration.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 14 of 23LOSS OF FUTURE INCOME/PROSPECTS
41. Copy of Disability Certificate No.PH/2018/785 dated 14.11.2018 assessing 90% (ninety percent) locomotor disability consequent to right shoulder disarticulation has been proved as Ex.PW-1/7 and PW-2 Dr. Parmendra being Member of the Medical Board has identified 'Self Attested' copy of Record/Register of Disability produced by injured Rakesh Kumar as Ex.PW-2/1.
42. It is well settled law that percentage of loss of earning capacity arising from permanent disability will be different from the percentage of permanent disability and ascertainment of the effect of permanent disability on the actual earning capacity would involve three steps as laid down in para 13 of the judgment of Hon'ble Supreme Court of India titled Raj Kumar Vs. Ajay Kumar (Supra).
43. What is required to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured and after assessing the loss of earning capacity in terms of percentage of the income, it has to be quantified in terms of money to arrive at the future loss of earning by applying the standard multiplier method used to determine the loss of dependency as held in para 11 of aforesaid judgment titled Raj Kumar Vs. Ajay Kumar (Supra).
44. Considering age, avocation and the fact that injured Rakesh Kumar has been assessed with 90% (ninety percent) locomotor disability consequent to right shoulder disarticulation, this Court is of the view that amputation of right upper limb could have resulted in 50% loss of earning capacity.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 15 of 2345. Injured Sh. Rakesh Kumar being 29 years 05 months and 04 days old at the time of accident (as per Aadhar Card & PAN Card mentioning D.O.B 02.04.1989) is entitled to loss of future income by applying multiplier of 17 in addition to future prospect @ 40% upon Net Income @ Rs.15,882/- as per principles laid down in National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680.
46. Loss of future income is calculated as - Rs.15,882/- x 140/100 x 17 x 12 x 50/100 = Rs.22,67,949.60/- (Rupees Twenty Two Lakhs Sixty Seven Thousand Nine Hundred Forty Nine & Sixty Paisa only).
47. Break-up of compensation awarded to injured under pecuniary and non-pecuniary heads is mentioned below in tabulated form:
S. No. HEADS AMOUNT (in
Rupees)
1. Medicines & Treatment Rs.20,325/-
2. Conveyance Rs.7,100/-
3. Special Diet Rs.50,000/-
4. Attendant Charges Rs.60,000/-
5. Loss of Income Rs.95,292/-
5. Pain & Suffering Rs.1,00,000/-
6. Loss of amenities of life Rs.2,00,000/-
7. Mental & Physical Shock Rs.1,00,000/-
8. Disfiguration Rs.2,00,000/-
8. Loss of future income/prospect Rs.22,67,949.60/-
TOTAL Rs.31,00,666.60/-
rounded off to
Rs.31,01,000/-
INTEREST
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 16 of 23
48. There is nothing on record to justify withholding interest on the award amount. Having regard to the facts and circumstances of the present case, it will be just and proper to granted interest @ 7.5% per annum on the award amount in terms of judgment of Hon'ble Supreme Court of India in National Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC 260. Injured Sh. Rakesh Kumar is therefore awarded interest @ 7.5% per annum upon award amount Rs.31,01,000/- (Rupees Thirty One Lakhs One Thousand only) from the date of filing of DAR on 30.10.2018 till notice of deposit under Order XXI Rule 1 CPC to petitioner/counsel.
LIABILITY
49. R1/Dilawar (driver) being principal tortfeasor driving DTC Bus No.DL-1PC-7410 in rash and negligent manner and R2/DTC (owner) being vicariously liable for the act of the driver are jointly and severally liable to pay the compensation along with interest. However, since offending DTC Bus No.DL-1PC-7410 was insured against Third Party Risk so, R3/United India Insurance Co. Ltd. being statutorily liable under Section 149 (1) of M. V. Act shall pay the award amount along with interest to injured Sh. Rakesh Kumar in the absence of any statutory defence under section 149(2) of M.V. Act.
50. FINDING: Issue No.2 is decided accordingly by holding that R3/United India Insurance Co. Ltd. shall pay the award amount with interest to injured Sh. Rakesh Kumar. RELIEF
51. Thus, in view of foregoing discussion & conclusion and having regard to the facts and circumstances of the present case, award for a sum of Rs.31,01,000/- (Rupees Thirty One Lakhs MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 17 of 23 One Thousand only) along with interest @ 7.5% p.a from the date of filing of DAR on 30.10.2018 till notice of deposit under Order XXI Rule 1 CPC is passed in favour of injured and against all respondents.
52. The above-said compensation amount with interest shall be paid to injured by R3/United India Insurance Co. Ltd.
53. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 06.09.2018
2. Name of the injured : Rakesh Kumar
3. Age of the injured : 29 years
4. Occupation of the injured : Private job
5. Income of the injured : Rs.15,882/- Net Monthly Income
6. Nature of injury : Grievous
7. Medical treatment taken : Ayushman Hospital, by the injured ESI Hospital, Basai Darapur & AIIMS Trauma Centre, Delhi
8. Period of hospitalization : 20.09.2018 to 26.09.2018
9. Whether any permanent : Yes disability? If yes, give details.
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs.20,325/-MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 18 of 23
(ii) Expenditure on conveyance Rs.7,100/-
(iii) Expenditure on special diet Rs.50,000/-
(iv) Cost of nursing/attendant Rs.60,000/-
(v) Cost of artificial limb -
(vi) Loss of earning capacity 50%
(vii) Loss of income Rs.95,292/-
(viii) 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 Rs.1,00,000/-
physical shock
(ii) Pain and suffering Rs.1,00,000/-
(iii) Loss of amenities of life Rs.2,00,000/-
(iv) Disfiguration Rs.2,00,000/-
(v) Loss of marriage prospects -
(vi) Loss of earning, inconvenience, -
hardship, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability assessed 90% and nature of disability as permanent or temporary
(ii) Loss of amenities of loss of -
expectation of life span on account of disability
(iii) Percentage of loss of earning 50% capacity in relation to disability
(iv) Loss of future Income - (Income x Rs.22,67,949.60/-
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.31,00,666.60/-
rounded off to Rs.31,01,000/-
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 19 of 2315. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from award the date of filing of DAR on 30.10.2018 till notice of deposit under Order XXI Rule 1 CPC
17. Total amount including interest Rs.31,01,000/-+ interest @ 7.5% p.a. from the date of filing of the DAR on 30.10.2018 till notice of deposit under Order XXI Rule 1 CPC
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 By credit in the award amount to the claimant(s). SB Account of the injured 21 Next Date for compliance of the 24.04.2025 award.
54. The award amount shall be deposited by R3/United India Insurance Co. Ltd. in Account No.42709452600 of MACT, South West, Dwarka Courts, New Delhi at State Bank of India, District Court Complex, Sector-10, Dwarka, New Delhi (IFSC Code SBIN0011566 and MICR Code 110002483) through RTGS/NEFT/IMPS within 30 days of award as per section 168(3) of M.V. Act under intimation to the Nazir of this court with proof of notice to the claimant/injured and his counsel.
MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 20 of 2355. Statement of injured Rakesh Kumar regarding financial status, needs and liabilities has been recorded. In view of the said statement and having regard to the facts and circumstances of the present case, the award amount shall be disbursed in following manner:-
S. Name Status Amount of Release Amount of No Award Amount FDR
1. Sh. Injured Rs.31,01,000/-+ Rs.11,01,000/- Rs.20,00,000/ Rakesh interest @ 7.5% with - with Kumar p.a. from the proportionate proportionate date of filing of interest in interest be the DAR on MACT Claims kept in 100 30.10.2018 till SB Account of FDRs for the notice of deposit injured period from under Order 1st to 100th XXI Rule 1 month in the name of CPC injured with cumulative interest.
TOTAL Rs.31,01,000/- Rs.11,01,000/-
56. Injured has mentioned details of SB Account No.1021000100551134 with Punjab National Bank at Dadri Toe Branch, District Jhajjar, Haryana (IFSC Code: PUNB0102100) in his statement recorded on 29.07.2024 and it is requested that cash amount may be transferred in the said SB Account.
57. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to transfer Rs.11,01,000/- with proportionate interest in SB Account No.1021000100551134 with Punjab National Bank at Dadri Toe Branch, District Jhajjar, Haryana (IFSC Code: PUNB0102100) and balance Rs.20,00,000/- be kept in the form of FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 21 of 23 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.).
58. All original FDRs shall be retained by the concerned bank, however, statement containing FDR number, amount, date of maturity and maturity amount shall be provided to injured Sh. Rakesh Kumar. Manager of the concerned bank is directed NOT to permit premature encashment or loan against FDRs in the name of injured Sh. Rakesh Kumar without prior permission of the Court.
Interest on the said FDRs shall be paid on monthly basis by automatic credit/transfer of interest amount in aforesaid SB Account of injured Sh. Rakesh Kumar.
The above-said petitioner's bank is also directed not to issue any cheque book and/or debit card to the petitioner and if the same has 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.
The above-said petitioner's bank shall permit account holder Sh. Rakesh Kumar to withdraw money from the above- said SB Account by means of withdrawal form.
59. At the time of maturity, the fixed deposit amount shall be credited in the aforesaid SB Account of injured Sh. Rakesh Kumar.
60. R3/United India Insurance Co. Ltd. shall inform the petitioner and his counsel regarding award amount being transferred/deposited in MACT Account through registered post.
61. Copy of this award be sent to the Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Punjab MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 22 of 23 National Bank at Dadri Toe Branch, District Jhajjar, Haryana (IFSC Code: PUNB0102100) for information /compliance.
62. Dasti copy of award be given to Ld. Counsel for injured and respondents.
63. Ahlmad is directed to prepare separate miscellaneous file to be listed on 24.04.2025 for filing compliance report.
64. File be consigned to Record Room.
Digitally signedAnnounced in the open Court TARUN by TARUN YOGESH on 12.03.2025 YOGESH Date: 2025.03.18 17:20:03 +0530 (Tarun Yogesh) PO, MACT-01, Dwarka Courts, New Delhi MACT No. 1020/2018 Rakesh Kumar Vs. Dilawar Singh & Ors. Page 23 of 23