Delhi District Court
Master Rohan vs Sh. Ram Prakash Yadav on 8 November, 2012
IN THE COURT OF SH. DINESH BHATT, PO,MACT(NORTH)/ TIS HAZARI
COURTS, DELHI
INJURY CASE
Suit No.:39/11
Unique ID no.:02401C0043762011
Master Rohan
S/o Sh. Ajeet Singh
Petitioner being minor through his father
& natural guardian Sh. Ajeet Singh
S/o Sh. Sohan Pal
R/o H. No. D906, Gali No. 13,
Ashok Nagar, Delhi ..........Petitioner
Versus
1. Sh. Ram Prakash Yadav
S/o Sh. Jhurai Lal Yadav
R/o Village Lukiya, P.S. Saini,
Distt. Kausambi, Alhabad,
U.P.
2. Smt. Jyoti Gupta
W/o Sh. Lalit Gupta
R/o H. No. 1102, Shivalik Tower,
Kaushambi, Ghaziabad,
U.P.
3. National Insurance Co. Ltd.
Scope Minar, North Tower,
11th Floor, Core2,
Suit no.:39/11 & 41/11 Page 1/7
District Centre, Laxmi Nagar,
Delhi ..........Respondents
Date of Institution : 27/01/2011 Date on which order was reserved : 06/11/2012 AND INJURY CASE Suit No.:41/11 Unique ID no.:02401C0043812011 Sh. Ajeet Singh S/o Sh. Sohan Pal R/o H. No. D906, Gali No. 13, Ashok Nagar, Delhi ..........Petitioner Versus
1. Sh. Ram Prakash Yadav S/o Sh. Jhurai Lal Yadav R/o Village Lukiya, P.S. Saini, Distt. Kausambi, Alhabad, U.P.
2. Smt. Jyoti Gupta W/o Sh. Lalit Gupta R/o H. No. 1102, Shivalik Tower, Kaushambi, Ghaziabad, U.P.
3. National Insurance Co. Ltd.
Scope Minar, North Tower,
Suit no.:39/11 & 41/11 Page 2/7
11th Floor, Core2,
District Centre, Laxmi Nagar,
Delhi ..........Respondents
Date of Institution : 27/01/2011
Date on which order was reserved : 06/11/2012 Date of Decision : 08/11/2012 APPLICATION U/s 166 & 140 OF MOTOR VEHICLES ACT 1988 FOR GRANT OF COMPENSATION JUDGMENT/AWARD:
1. These are two cases for claim of compensation on account of injuries suffered by the petitioners in the road traffic accident dated 14/12/2004 caused within the jurisdiction of PS Kashmere Gate, Delhi.
2. Petitioners' cases are that on the day of accident they were travelling in their Maruti Car and returning from Nangloi to their house at Ashok Nagar. On reaching Outer Ring Road opposite NDPL Power House, CNG Petrol Pump, Delhi were hit by Truck no. HR 38B 2294 (offending vehicle) driven by respondent no. 1 in rash and negligent manner. Petitioners were taken to hospital where FIR was lodged and MLC were prepared.
3. Respondent no. 1 is the driver, respondent no. 2 the owner and respondent no. 3 the insurer of the offending vehicle.
4. Respondent no. 1 & 2 have not filed any reply.
5. Respondent no. 3 has admitted the insurance policy but stated that their liability, if any, was subject to terms and conditions of the insurance policy. Suit no.:39/11 & 41/11 Page 3/7
6. Vide order dated 26/04/2012, 03 suits were consolidated together with Suit no. 39/11 to be treated as the main case. Vide order dated 08/11/2012 Suit no. 40/11 is adjourned sinedie.
7. From the pleadings of the parties following consolidated issues were framed for consideration:
1. Whether the petitioners suffered injuries in a road traffic accident dated 14/12/2004 due to rash and negligent driving of the offending vehicle bearing no. HR 38B respondent no. 1 2.
3. Relief.
Issue wise findings:
8. Issue no. 1 (Common): PW1 has reiterated the stand of petition and stated that on 14/12/2004 at about 12:3045 p.m. while they were travelling in their Maruti Car on the Outer Ring Road opposite NDPL Power House, CNG Petrol Pump, Delhi were hit by offending vehicle driven by respondent no. 1 in rash and negligent manner. Petitioners were taken to Sushruta Trauma Centre where FIR was lodged and MLC were prepared.
Respondent no. 1 & 2 have neither filed reply nor crossexamined petitioner's witness.
As per certified copy of charge sheet Ex. PW1/4, a case U/s 279/337 IPC for the accident in question had been filed in the concerned criminal court against respondent no. 1. As per site plan, the accident in question was caused at point 'A' on the Outer Ring Suit no.:39/11 & 41/11 Page 4/7 Road opposite NDPL Power House, PS Timar Pur, Delhi. As per mechanical inspection report, the offending vehicle had fresh damaged parts on its front while Maruti Car of petitioners was damaged from right left, front and rear side. As per MLC, petitioners had been brought to the hospital with injuries suffered in the alleged road traffic accident. Photocopy of photograph of offending vehicle after the accident in question have also been placed on record.
In view of the unrebutted testimony of the petitioners and documents available on record, it is prima facie proved that petitioners suffered injuries due to rash and negligent driving of respondent no. 1.
Accordingly, issue no. 1 is decided in favour of the petitioner.
9. Issue no. 2 in Suit no. 39/11: In view of the findings of issue no. 1, petitioner is entitled to compensation. PW1 has stated that minor petitioner was 1½ years at the time of accident, was admitted in Sushruta Trauma Centre but was discharged on the same day, have spent Rs. 25,000/ on treatment and has claimed Rs. 4 lakhs as total compensation.
No treatment record or bills except the MLC of the petitioner has been filed on record. As per MLC, petitioner had suffered lacerated wounds on nose, temporal area and abrasions on forehead, was admitted in neurosurgery but the final nature of injuries were reported to be simple.
In view of the nature of injuries of minor petitioner, a lump sum amount of Rs. 15,000/ (Rupees Fifteen Thousand Only) is allowed in favour of the petitioner.
10. Issue no. 2 in Suit no. 41/11: In view of the findings of issue no. 1, petitioner is entitled to compensation. Suit no.:39/11 & 41/11 Page 5/7 Petitioner has stated that he had suffered grievous injuries, spent Rs. 10,000/ on treatment and has claimed Rs. 2 lakhs as total compensation.
As per treatment record, petitioner had suffered abrasions on left arm and pain and tenderness over left shoulder, was referred to ortho for further treatment. As per MLC, nature of injuries were reported to be simple. No further treatment record or bills has been filed.
In view of this, a lump sum amount of Rs. 11,000/ (Rupees Eleven Thousand Only) is allowed in favour of the petitioner.
11. LIABILITY: There is no dispute in regard to driving license or violation of terms and conditions of insurance policy. Accordingly, respondent no. 1 & 2 are jointly and severally liable to pay compensation. Respondent no. 3 to indemnify the claim.
12. Issue no. 3 (RELIEF): While granting relief to the petitioner, interest @ 9% p.a., from the date of petition till realization is also allowed on the award.
13. In view of the above, the following award is passed: AWARD in Suit no. 39/11: The petition is allowed. Respondent nos. 1 & 2 being the driver and owner are jointly and severally liable to pay the compensation.
However, respondent no. 3 being the insurance company shall pay the compensation of Rs. 11,000/ (Rupees Eleven Thousand Only) within one month along with the interest @ 9% p.a., from the date of petition till realization (excepting for the periods not specifically allowed) to the petitioners. In case of default interest @ 12% p.a. Suit no.:39/11 & 41/11 Page 6/7 will be payable on the award amount from the date of petition.
Compensation amount be deposited with SBI, Tis Hazari within one month from today. The entire amount of minor petitioner be kept in FDR till the age of majority.
14. AWARD in Suit no. 41/11: The petition is allowed. Respondent nos. 1 & 2 being the driver and owner are jointly and severally liable to pay the compensation.
However, respondent no. 3 being the insurance company shall pay the compensation of Rs. 11,000/ (Rupees Eleven Thousand Only) within one month along with the interest @ 9% p.a., from the date of petition till realization (excepting for the periods not specifically allowed) to the petitioners. In case of default interest @ 12% p.a. will be payable on the award amount from the date of petition.
Compensation amount be deposited with SBI, Tis Hazari within one month from today. The entire amount of the petitioner be released on deposit.
15. A compliance report shall be filed by respondent no. 3 about the deposit of the award amount, as per directions alongwith a copy of the notice to the claimant and the counsel for claimant, intimating about the deposit of the cheque by 08/01/2013.
16. Ahlmad is directed to prepare a separate miscellaneous file containing a copy of the petition, memo of parties, copy of award and last proceeding sheet and put the same alongwith the compliance report aforementioned on 08/01/2013. Copy of the award portion be supplied to the parties free of cost. File be consigned to Record Room.
Announced in the open court (DINESH BHATT)
on 08/11/2012 PO, MACT/Delhi
08/11/2012
Suit no.:39/11 & 41/11 Page 7/7