Delhi District Court
Sh. Ankit Sharma vs Sh. Rampal on 9 March, 2017
IN THE COURT OF SH. ARUN BHARDWAJ:
PO MACT(SE-01), SAKET COURTS: NEW DELHI
Suit No. 4077/16
FIR No. 833/14
PS : Sarita Vihar
U/s 279/338 IPC
Sh. Ankit Sharma
S/o Sh. Vivekanand Sharma
R/o H.No. B-18, Gali No. 16 F,
Molarband Extn., Badarpur
New Delhi ... Claimant
Versus
1. Sh. Rampal
S/o Sh. Tigava
R/o Villa Kararia,
Distt. Mahua, U.P ...(R1, Driver of vehicle No. HR-55 Q 2414)
2. Sh. Sudhir Kumar
S/o Sh. Rajinder Kumar
R/o Village Mevala Bhatle
Distt. Ghaziabad, U.P.
...(R2, Owner of vehicle No. HR-55 Q 2414)
3. HDFC General Insurance company Ltd.
1st Floor, D-1, M.G. Tower, RDC,
Raj Nagar, Ghaziabad (U.P)
...(R3, Insurer of vehicle No. HR-55 Q 2414)
Date of DAR : 19.02.2015
Date of Decision : 09.03.2017
AWARD
1. Detailed accident report proceeding has been filed in respect of FIR No.
833/14, registered at PS Sarita Vihar, under Section 279/338 of IPC and
it was reported that Sh. Ankit Sharma has received injuries in a road
traffic accident which took place on 28.11.2014 involving vehicle no.
Suit No. 4077/16 Sh. Ankit Sharma Vs. Sh. Rampal & Ors. Page No. 1 of 5
HR55Q2414. The plea of injured / claimant is that the accident took
place due to rash and negligent driving by the respondent / driver while
driving the offending vehicle no. HR55Q2414 at the time of accident.
2. In conciliation, matter has been settled between the parties for a sum of Rs. 5,50,000/ (Rupees five lacs and fifty thousand only) payable by R3, the insurance company to the claimant towards full and final settlement of claims.
3. Statement of parties to this regard recorded separately.
4. In view of the statements, the matter is disposed off passing a settlement award for a sum of Rs. 5,50,000/ (Rupees five lacs and fifty thousand only) payable by R3, the insurance company to the claimant towards full and final settlement of claims within 30 days from today failing which it shall be payable with interest @ 9% from the date of filing of DAR which is 19.02.2015 till realization.
5. The compensation would be deposited within 30 days with the State Bank of India, Saket Court Branch under intimation to the claimants as well as to their counsel at following address :-
Sh. Manoranjan Gaur Chamber No. 584, Lawyers Block, Saket Courts Complex, New Delhi- 110017
6. When financial needs of the claimants were inquired, the claimant had informed that he has no objection if the compensation awarded to him be placed in FDRs with a monthly provision of Rs. 7,500/- and some amount be released to him immediately.
7. The State Bank of India, Saket court branch will keep this Suit No. 4077/16 Sh. Ankit Sharma Vs. Sh. Rampal & Ors. Page No. 2 of 5 compensation in 70 FDRs of Rs. 7,500 /- each for a period of 1 to 70 months with cumulative interest and the remaining amount of Rs. 25,000/- shall be released to the claimant immediately. The maturity amount of each FDR shall be credited in the saving bank account of the claimant.
8. The particulars of FormIV of the Modified Claims Tribunal Agreed Procedure are as under:
1. Date of the accident 03.12.2014
2. Date of intimation of the accident by 05.12.2014 the Investigating Officer to the Claims Tribunal. (Clause 2)
3. Date of intimation of the accident by Not Available the Investigation Officer to the Insurance Company. (Clause 2)
4. Date of filing of Report under Section Not available 173 Cr.P.C. before the Metropolitan Magistrate. (Clause 10)
5. Date of filing of Detailed Accident 19.02.2015 Information Report (DAR) by the Investigating Officer before Claims Tribunal. (Clause 10)
6. Date of service of DAR on the 19.02.2015 Insurance Company. (Clause 11)
7. Date of service of DAR on the 19.02.2015 claimant(s). (Clause 11)
8. Whether DAR was complete in all Yes respects? (Clause 16)
9. If not, state deficiencies in the DAR Not Applicable.
10. Whether the police has verified the Yes documents filed with DAR? (Clause 4)
11. Whether there was any delay or Yes. The DAR was not deficiency on the part of the filed within 30 days.
Investigating Officer? If so, whether However, as the filing of Suit No. 4077/16 Sh. Ankit Sharma Vs. Sh. Rampal & Ors. Page No. 3 of 5 any action / direction warranted. DAR was extended from time to time, no action / direction is warranted.
12. Date of appointment of the Designated Not Available.
Officer by the Insurance Company.
(Clause19
13. Name, address and contact number of Not Available.
the Designated Officer of the Insurance Company. (Clause 19)
14. Whether the Designated Officer of the No. Legal offer was filed Insurance Company submitted his on 24.07.2015 but the report within 30 days of the DAR? DAR was filed on (Clause 21) 19.02.2015.
15. Whether the Insurance Company Yes.
admitted the liability?, if so, whether the Designated Officer of the Insurance Company fairly computed the compensation in accordance with law (Clause 92).
16. Whether, there was any delay or No. deficiency on the part of the Designated Officer of the Insurance Company? If so, whether any action / direction warranted?
17. Date of response of the claimants to 09.03.2017 the offer of the Insurance Company.
(Clause 23)
18. Date of award. 09.03.2017
19. Whether the award was passed with Yes the consent of the parties? (Clause 22)
20. Whether the claimants examined at the Yes, Claimant requested time of passing of the award to to release some amount ascertain his / their financial condition? of the compensation (Clause 26). immediately and rest in FDRs.
Suit No. 4077/16 Sh. Ankit Sharma Vs. Sh. Rampal & Ors. Page No. 4 of 5
21. Whether the photographs, specimen He is directed to file the signatures, proof of residence and same within 4 weeks. particulars of bank account of the injured / legal hairs of the deceased taken at the time of passing of the award? (Clause 96)
22. Mode of disbursement of the award By way of FDRs in SBI, amount to the claimant (Clause 28) Saket Courts Complex.
next date of compliance of the award. The date of compliance is
(Clause 30) fixed.
9. Copy of this award be given to the parties free of cost and a copy of award be also sent to DLSA, South East, Delhi as well as to the Ld. Metropolitan Magistrate concerned.
10. List for compliance on 10.04.2017.
Announced in open Court (ARUN BHARDWAJ) on 09th March, 2017 PO-MACT-01 (South-East) Saket Court/ New Delhi(sk) Suit No. 4077/16 Sh. Ankit Sharma Vs. Sh. Rampal & Ors. Page No. 5 of 5