Delhi District Court
Sandeep Nag vs Parkash Chand And Anr on 9 May, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.671/2019
CNR No. DLSW01-009963/2019
FIR No. 38/2019
PS: Dalhousie, District Chamba
In the matter of :
1) Sh. Sandeep Nag
S/o Sh. Megh Nath Nag
R/o 7, Beldih Lake Flat
P.O. Bistupur, Jamshedpur,
Jharkhand-831001. ... (Petitioner)
Versus
1) Sh. Prakash Chand
S/o Sh. Mangat Ram
R/o Shakti Nagar,
Agura Wallah Bagh
Pathankot
Punjab-145001. ... (Driver)
2) M/s Atlas Transport (P) Ltd.
Dalhousie Road, Pathankot,
Punjab-145001. ...(Owner)
3) New India Assurance Co. Ltd.
S1 to S6, Plot No.9,
Plaza-1, Manish Link Road,
Sector-5, Dwarka, New Delhi-110075.
.... (Insurance company)
... Respondents
Date of Institution : 26.08.2019
Date of judgment : 09.05.2025
MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 1 of 22
AWAR D
Preface
1. Separate applications under section 166 read with 140
M.V. Act seeking compensation for death of (i) Karan Kumar
Bhatt, (ii) Yaruingam Awungshi Shimray AND bodily injury to
(iii) Sandeep Nag and (iv) Faraz Shamim Khan in motor vehicle
accident being subject matter of FIR No.38/2019 PS Dalhousie,
District Chamba, Himachal Pradesh are taken up together to be
decided simultaneously.
Background
2. Brief facts culled from application read with Final Report under section 279/337/338/304A IPC are that Sandeep Nag travelling in Bus No.PB-06C-4147 from Pathankot to Dalhousie sustained injuries in road accident on 27.04.2019 at about 07:10 pm after respondent Prakash Chand (driver) failed to control the vehicle ahead of Panchpula towards Banikhet, Dalhousie, District Chamba, Himachal Pradesh as a result of which the Bus plunged into a deep gorge resulting in death of 10 passengers and bodily injury to remaining passengers.
3. It is submitted that Sandeep Nag, aged 29 years, employed with American Express as Lead KYC Analyst was earning monthly salary Rs.32,000/- with perks and respondents Prakash Chand (driver), M/s Atlas Transport (P) Ltd. (owner) AND New India Assurance Co. Ltd. (insurer) are jointly and severally liable to compensate him for pecuniary and non pecuniary damages consequent to bodily injury suffered in motor vehicle accident. Defence
4. Respondent Prakash Chand (driver) did not file any reply.
MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 2 of 22
5. Respondent M/s Atlas Transport (P) Ltd. (owner) has filed reply disputing rash or negligent driving besides contending that Bus No.PB-06C-4147 was duly insured and liability, if any, shall be borne by the insurer.
6. Respondent M/s New India Assurance Co. Ltd. on its part has admitted Policy No.36160131180100005295 of Tata Motors Bus No.PB-06C-4147 valid from 28.01.2019 to 27.01.2020 and reserved its right to raise statutory defence under section 134(c), 147, 157, 149(2) and all defences under section 170 of M.V. Act in case the driver and owner would fail to contest the case. Inquiry
7. Following issues were settled on 24.12.2021 in MACT No. 605/2019 titled Sonaley Dhar & Ors. Vs. Prakash Chand & Ors. which has been treated as leading case.
i. Whether deceased Karan Kumar Bhat and Yaruingam Awungshi Shimray sustained fatal injuries and Faraz Shamim Khan and Sandeep Nag simple injuries in a motor vehicle accident dated 27.04.2019 arising out of use of vehicle no. PB 06C 4147, being driven by R-1 Prakash Chand, Owned by R2 M/s Atlas Transport P. Ltd and insured by R-3/New India Assurance Co. Ltd.? ...OPP ii. Whether the petitioner is entitled to claim compensation, if so, what amount and from whom? ...OPP iii. Relief.
8. Witnesses examined in the leading case include:
i. PW-1 Romesh Kumar Bhatt who has inter alia deposed about (i) death of Karan Kumar Bhatt due to fatal MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 3 of 22 injuries sustained in road accident on 27.04.2019; (ii) his son working in American Express was earning Rs.85,000/- per month and used to contribute his entire income towards household expenses; (iii) deceased Karan Kumar Bhatt having done Matriculation & Higher Secondary Examination from CBSE Board had also completed Graduation in Bachelor of Computer Application from Vinayak Missions University AND
(iv) general and special damages suffered on account of the untimely death of his son in road accident. He has relied upon - (a) Copy of Aadhar Card - Ex.PW-1/1;
(b) copy of Aadhar Card of Sonaley Dhar - Ex.PW-
1/2; (c) copy of Aadhar Card of Pooja Bhatt - Ex.PW- 1/3; (d) copy of Aadhar Card of Nirja Bhatt - Ex.PW- 1/4; (e) copy of Aadhar Card of deceased Karan Kumar Bhatt - Ex.PW-1/5 AND (f) copy of Class 10 th Certificate, Class 12th Certificate & Degree of Bachelor of Computer Application - Ex.PW-1/6 (Colly.). ii. PW-2 Patrick A. Shimray who has inter alia deposed about (i) death of his son Y.A. Shimray in road accident on 27.04.2019 after driver of Bus No.PB-06C-4147 failed to control the vehicle which fell in a gorge about 150 meters down; (ii) his son working in American Express was earning Rs.91,568/- per month with perks and used to contribute his entire income towards household expenses AND (iii) general and special damages suffered on account of the untimely death of his son in road accident. He has relied upon - (a) copy MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 4 of 22 of Aadhar Card - Ex.PW-2/1; (b) copy of Aadhar Card of Ningamla A. Shimray - Ex.PW-2/2 AND (c) copy of Aadhar Card of deceased Yaruingam Awungshi Shimray- Ex.PW-2/3.
iii. PW-3 Sandeep Nag (injured in MACT No. 671/2019) has inter alia deposed about (i) Polytrauma with Frontal Scalp Wound (20 stitches); Left Rib Fractures (2 ribs fractured) & Fracture of D-4 Spine Vertebra sustained in motor vehicle accident on 27.04.2019; (ii) treatment at S.S. Memorial Hospital, Banikhet, Chamba, Himachal Pradesh & Max Hospital, Saket, New Delhi where he remained admitted from 29.04.2019 to 05.05.2019; (iii) monthly income Rs.38,000/- by working as Lead Analyst with American Express; (iv) expenses incurred on medicines, treatment, conveyance, special diet, attendant charges & physiotherapy; (v) loss of income for 06 months AND
(vi) general and special damages consequent to bodily injury sustained in road accident. He has relied upon -
(a) copy of Aadhar Card - Ex.PW-3/1; (b) copy of Discharge Summary & Treatment Record MAX Hospital, Saket - Mark 'A' AND (e) copy of Salary Slip
- Mark 'B'.
iv. PW-4 Faraz Shamim Khan (injured in MACT No. 672/2019) has inter alia deposed about (i) Vertebral compression fractures D10, D12 & L1 AND Fracture Greater Tuberosity of Humerus Right Side sustained in motor vehicle accident on 27.04.2019; (ii) treatment at MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 5 of 22 S.S. Memorial Hospital, Banikhet, Chamba, Himachal Pradesh & Max Hospital, Saket, New Delhi where he remained admired from 29.04.2019 to 02.05.2019; (iii) monthly income Rs.50,000/- with perks by working in American Express; (iv) expenses incurred on medicines, treatment, conveyance, special diet, attendant charges & physiotherapy AND (v) general and special damages consequent to bodily injury sustained in road accident. He has relied upon - (a) copy of Aadhar Card - Ex.PW-4/1; (b) copy of Discharge Summary & Treatment Record MAX Hospital, Saket - Mark 'A' AND (c) copy of Salary Slip
- Mark 'B'.
v. PW-5 Smt. Sonaley Dhar, wife of deceased Karan Kumar Bhatt who has inter alia deposed about (i) death of Karan Kumar Bhatt due to fatal injuries sustained in road accident on 27.04.2019; (ii) her husband working in American Express was earning Rs.85,000/- per month and used to contribute his entire income towards household expenses; (iii) deceased Karan Kumar Bhat having done Matriculation & Higher Secondary Examination from CBSE Board had also completed Graduation in Bachelor of Computer Application from Vinayak Missions University AND (iv) general and special damages suffered on account of the untimely death of her husband in road accident. She has relied upon - copy of Aadhar Card - Ex.PW-5/1.
MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 6 of 22 vi. Ms. Flora Dantis, Analyst Colleague Experience Group, American Express India Pvt. Ltd., Gurgaon examined as PW-6 has referred to (i) Authority Letter in her favour - Ex.PW-6/E AND (ii) Appointment Letter & Salary-slips of Karan Kumar Bhatt, Y.A. Shimray, Sandeep Nag & Faraz Shamim Khan referred as Ex.PW-6/E1 to Ex.PW-6/E4.
9. Cross-examination of witnesses by Ld. counsel for respondents has been recorded and petitioners' evidence was closed on 12.04.2022.
10. No witness has been examined by driver, owner or insurer and respondents' evidence was closed on 01.06.2024. Discussion and Conclusion
11. Advocate Sh. K.K. Dubey for injured, Sh. S.K. Mishra for R2/owner AND Advocate Sh. Alok Shankar for New India Assurance Co. Ltd. have addressed their submissions.
12. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
13. Issue No.1:
Whether deceased Karan Kumar Bhat and Yaruingam Awungshi Shimray sustained fatal injuries and Faraz Shamim Khan and Sandeep Nag simple injuries in a motor vehicle accident dated 27.04.2019 arising out of use of vehicle no. PB 06C 4147, being driven by R-1 Prakash Chand, Owned by R2 M/s Atlas Transport P. Ltd and insured by R-3/New India Assurance Co. Ltd.? ...OPP
14. PW-3 Sandeep Nag has deposed about - (i) Polytrauma with Frontal Scalp Wound (20 stitches); (ii) Left Rib Fractures (2 MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 7 of 22 ribs fractured) AND (iii) Fracture of D-4 Spine Vertebra sustained in motor vehicle accident on 27.04.2019 after Bus No.PB-06C-4147 driven at very high speed in rash and negligent manner fell in a gorge around 150 meters down.
15. Suggestion disputing rash and negligent driving of Bus No.PB-06C-4147 has been denied by injured and nothing material could be elicited during cross-examination of injured which could assail his testimony or impeach its veracity.
16. Respondent Prakash Chand (driver), on the other hand, has not entered the witness-box to rebut allegation of rash and negligent driving of Bus No.PB-06C-4147 which fell in the gorge about 150 meters down. Adverse inference is therefore required to be raised against the driver of Bus No.PB-06C-4147 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.
17. The fact that respondent Prakash Chand could not control Bus No.PB-06C-4147 carrying 20 to 25 passengers which plunged into a deep gorge ahead of Panchpula towards Banikhet, Dalhousie, District Chamba, Himachal Pradesh resulting in death of 10 passengers and bodily injuries to remaining passengers is sufficient for applying the principle of res ipsa loquitor.
18. Negligence in the normal parlance is understood as failure to take proper care which a reasonable man would have done under the circumstances and normal rule for the plaintiff to prove negligence is sought to be avoided by applying the principle of MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 8 of 22 res ipsa loquitor. The general purport of the words res ipsa loquitor is that the accident "speaks for itself" or tell its own story and there are cases in which the accident speaks for itself so that it is sufficient for the plaintiff to prove the accident and nothing more. It will then be incumbent upon the defendant to establish that the accident happened due to some cause other than his own negligence.
19. It is all the more 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.
20. 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...."
21. 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 MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 9 of 22 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.
22. FINDING : Issue No.1 is therefore decided by holding that bodily injury to Sandeep Nag in motor vehicle accident on 27.04.2019 was caused as a result of rash and negligent driving of Bus No.PB-06C-4147 by respondent Prakash Chand (driver) which vehicle was registered in the name of M/s Atlas Transport (P) Ltd. (owner) and insured with New India Assurance Co. Ltd.
23. Issue No.2 Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? OPP
24. Injured Sandeep Nag having suffered bodily injury in motor vehicle accident was treated at S.S. Memorial Hospital, Banikhet, Chamba, Himachal Pradesh and thereafter remained admitted at Max Hospital, Saket, New Delhi from 29.04.2019 to 05.05.2019.
25. Quantum of compensation is required to be assessed separately under pecuniary and non-pecuniary heads.
26. 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 MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 10 of 22 question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of 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.
27. 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, MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 11 of 22 hardship, discomfort, disappointment, frustration and mental stress in life."
28. 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 MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 12 of 22 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 loss of prospects of marriage) and loss of expectation of life.
NATURE AND EXTENT OF INJURIES
29. Injured Sandeep Nag having suffered (i) Polytrauma with Frontal Scalp Wound (20 stitches); (ii) Left Rib Fractures (2 ribs fractured) AND (iii) Fracture of D-4 Spine Vertebra underwent Exploration of Frontal Scalp Wound with Debridement in course of treatment at Max Super Specialty Hospital, Saket, New Delhi from 29.04.2019 to 05.05.2019.
30. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
31. PW-3 Sandeep Nag in para 3 of affidavit Ex.PW-3/A has deposed to have spent Rs.1,50,000/- upon treatment and relied upon copy of Discharge Summary and Interim Bill - Mark A. Since, expenses incurred on treatment has been reimbursed by United Healthcare Parekh TPA Pvt. Ltd. (MSSH) so injured is not entitled to any amount for pecuniary damage under the head
- Medicines & Treatment.
CONVEYANCE AND SPECIAL DIET
32. PW-3 Sandeep Nag in para 3 of affidavit Ex.PW-3/A has deposed to have spent Rs.40,000/- on conveyance and Rs.35,000/- on special diet. However, no bill/documentary proof has been adduced in evidence verifying expenses incurred on Conveyance & Special Diet. It is apposite to note that injured MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 13 of 22 Sandeep Nag remained admitted at Max Super Specialty Hospital, Saket, New Delhi from 29.04.2019 to 05.05.2019. It is assumed that he might have used private vehicle/hired taxi for travelling from Chamba, Himachal Pradesh to Max Super Specialty Hospital, Saket, New Delhi. Accordingly, a sum of Rs.10,000/- (Rupees Ten Thousand only) is awarded towards conveyance.
33. Similarly, injured Sandeep Nag might have also needed special diet for full and complete recovery from Polytrauma with Frontal Scalp Wound. Another sum of Rs.20,000/- (Rupees Twenty Thousand only) is therefore awarded towards special diet.
ATTENDANT CHARGES
34. Injured Sandeep Nag having suffered Polytrauma with Frontal Scalp Wound must have needed an attendant to assist him for a couple of 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, injured Sandeep Nag is awarded Rs.10,000/- x 2 = Rs.20,000/- (Rupees Twenty Thousand only) towards attendant charges.
LOSS OF INCOME MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 14 of 22
35. PW-3 Sandeep Nag in para 3 of affidavit Ex.PW-3/A has deposed about permanent disability due to injuries sustained in road accident and absence from work for 06 months.
36. Appointment Letter, Salary-slips & Details of Leave Record produced by PW-6 Ms. Flora Dantis, however, disclose 'Sick Leave' from 29.04.2019 to 07.05.2019. Injured Sandeep Nag having remained absent from 29.04.2019 to 07.05.2019 is therefore awarded Rs.18,000/- (Rupees Eighteen Thousand only) towards loss of leave for 10 days.
PAIN AND SUFFERING
37. Following factors are to be taken into account for assessing compensation under the head - Pain and Suffering:
(a) Nature of injury;
(b) Parts of body where injuries occurred;
(c) Surgeries, if any;
(d) Confinement in hospital;
(e) Duration of the treatment.
38. 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 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.
39. Injured Sandeep Nag having suffered (i) Polytrauma with Frontal Scalp Wound (20 stitches); (ii) Left Rib Fractures (2 ribs MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 15 of 22 fractured) AND (iii) Fracture of D-4 Spine Vertebra remained admitted at Max Super Specialty Hospital, Saket, New Delhi from 29.04.2019 to 05.05.2019. It would be apposite to award him a sum of Rs.30,000/- (Rupees Thirty Thousand only) towards 'Pain & Suffering'.
LOSS OF AMENITIES, LOSS OF EXPECTATION OF LIFE, LOSS OF FUTURE EARNING/PROSPECTS AND FUTURE MEDICAL EXPENSES
40. Compensation for (i) loss of future earning/prospects AND
(ii) non pecuniary damages including loss of amenities and loss of expectation of life is not required to be assessed in the absence of serious injury resulting in permanent physical disability.
41. 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 -
2. Conveyance Rs.10,000/-
3. Special Diet Rs.20,000/-
4. Attendant Charges Rs.20,000/-
5. Loss of Income Rs.18,000/-
6. Pain & Suffering Rs.30,000/-
TOTAL Rs.98,000/-
INTEREST
42. 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 MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 16 of 22 grant 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 is therefore awarded interest @ 7.5% per annum upon compensation Rs.98,000/- (Rupees Ninety Eight Thousand only) from the date of filing of petition on 26.08.2019 till notice of deposit under Order XXI Rule 1 CPC to petitioners/counsel.
LIABILITY
43. R1/Prakash Chand (driver) being principal tortfeasor driving Bus No.PB-06C-4147 in rash and negligent manner resulting in road accident leading to bodily injury to Sandeep Nag and R2/M/s Atlas Transport (P) Ltd. (owner) being vicariously liable for the act of the driver are liable to pay compensation amount with interest. However, since Bus No.PB- 06C-4147 was insured against Third Party Risk so, R3/New India Assurance Co. Ltd. being statutorily liable under Section 149 (1) of M.V.Act shall pay compensation along with interest to petitioners in the absence of any statutory defence under section 149(2) of M.V. Act.
44. FINDING : Issue No.2 is decided accordingly by holding that R3/New India Assurance Co. Ltd. shall pay the award amount with interest to injured.
RELIEF
45. 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.98,000/- (Rupees Ninety Eight Thousand only) along with interest @ 7.5% p.a from the date of MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 17 of 22 filing of petition on 26.08.2019 till notice of deposit under Order XXI Rule 1 CPC is passed in favour of injured and against all respondents.
46. The above-said compensation amount with interest shall be paid to petitioners by R3/New India Assurance Co. Ltd.
47. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 27.04.2019
2. Name of the injured : Sandeep Nag
3. Age of the injured : 29 years
4. Occupation of the injured : Private Job
5. Income of the injured : Rs.52,292/- per month
6. Nature of injury : Grievous
7. Medical treatment taken : Max Super Specialty Hospital, by the injured Saket, New Delhi
8. Period of hospitalization : 29.04.2019 to 05.05.2019
9. 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 -
(ii) Expenditure on conveyance Rs.10,000/-
(iii) Expenditure on special diet Rs.20,000/-
MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 18 of 22
(iv) Cost of nursing/attendant Rs.20,000/-
(v) Cost of artificial limb -
(vi) Loss of earning capacity -
(vii) Loss of income Rs.18,000/-
(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 -
physical shock
(ii) Pain and suffering Rs.30,000/-
(iii) Loss of amenities of life -
(iv) Disfiguration -
(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 -
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 -
capacity in relation to disability
(iv) Loss of future Income - (Income x -
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.98,000/-
15. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 19 of 22 award the date of filing of petition on 26.08.2019 till notice of deposit under Order XXI Rule 1 CPC
17. Total amount including interest Rs.98,000/- + interest @ 7.5% p.a. from the date of filing of petition on 26.08.2019 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 04.07.2025 award.
48. The award amount shall be deposited by R3/New India Assurance 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.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 20 of 22
49. Statement of injured Sandeep Nag 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 Amo
N Award Amount unt of
o FDR
1. Sandeep Injured Rs.98,000/- + Rs.98,000/- Nil
Nag interest @ 7.5%
- with
p.a. from the
proportionate
date of filing of
interest in
petition on
MACT
26.08.2019 till
Claims SB
notice of
Account of
deposit under
injured
Order XXI
Rule 1 CPC
50. Injured has mentioned details of SB Account
No.43237112446 at State Bank of India, Telco Campus Jamshedpur, (IFSC CodeI SBIN0005301) in his statement recorded on 20.08.2024 and it is requested that cash amount may be transferred in the said SB Account.
51. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to transfer Rs.98,000/- with proportionate interest in SB Account No.43237112446 at State Bank of India, Telco Campus Jamshedpur, (IFSC CodeI SBIN0005301).
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52. R3/New India Assurance Co. Ltd. shall inform the injured/counsel regarding award amount being deposited in MACT Account through registered post.
53. Copy of this award be sent to the Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Manager, State Bank of India, Telco Campus Jamshedpur, (IFSC CodeI SBIN0005301) for information /compliance.
54. Dasti copy of award be given to Ld. Counsel for injured and insurance company.
55. Ahlmad is directed to prepare separate miscellaneous file to be listed on 04.07.2025 for filing compliance report.
56. File be consigned to the record room.
Digitally signed by TARUN TARUN YOGESH
Announced in the open Court YOGESH Date:
2025.05.19
on 09.05.2025 13:30:34 +0530
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
MACT No.671/2019 Sandeep Nag Vs. Prakash Chand & Ors. Page No. 22 of 22