Delhi District Court
Sh. Kundan Kumar Pathak vs Sh. Vipin Kumar on 23 April, 2018
IN THE COURT OF SH. RAJEEV BANSAL
ADDITIONAL DISTRICT & SESSIONS JUDGE
PO MACT(SE-01), SAKET COURTS: NEW DELHI
Suit No.5033/16
FIR No. 266/16
PS : P. P. Pur
U/s 279/337/338 IPC
Compensation case regarding injury to Sh. Kundan,
aged about 23 years, Private Job
Sh. Kundan Kumar Pathak
S/o. Sh Lalinder Pathak
R/o. H. No.H-16/972,
Gali No.16, block-H
Sangam Vihar
New Delhi
...Claimant
Versus
1. Sh. Vipin Kumar
S/o Sh. Nand Kishor
R/o. 198A, Block G,
Gali No.9, Sangam Vihar,
New Delhi
....(Driver/respondent No.1)
2. Sh. Nand Kishor, S/o. Sh. Govind Singh, R/o. H. No. 198A, Block G, Gali No.9, Sangam Vihar, New Delhi ....(Owner/respondent No.2)
3. Liberty Videocon General Insurance Front block of 2nd Floor, ALPS Building, 56 Janpath, New Delhi ....(Insurer/respondent No.3) ...Respondents Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.1/20 Compensation case regarding injury to Sh. Deepak, aged about 21 years, Tutor Sh. Deepak Kumar S/o. Sh. Chander Singh R/o. House No.4308, Gali No.17, Block H, Sangam Vihar, New Delhi-80 ...Claimant Versus
1. Sh. Vipin Kumar S/o Sh. Nand Kishor R/o. 198A, Block G, Gali No.9, Sangam Vihar, New Delhi ....(Driver/respondent No.1)
2. Sh. Nand Kishor, S/o. Sh. Govind Singh, R/o. H. No. 198A, Block G, Gali No.9, Sangam Vihar, New Delhi ....(Owner/respondent No.2)
3. Liberty Videocon General Insurance Front block of 2nd Floor, ALPS Building, 56 Janpath, New Delhi ....(Insurer/respondent No.3) ...Respondents Date of accident : 20.08.2016 Date of DAR : 30.11.2016 Date of Decision : 23.04.2018 Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.2/20 AWARD
1. DAR where no serious question of law or fact are involved can be disposed off by short orders. Negligence on the part of respondent no.1 is to be proved on the basis of preponderance of probability, quantum of compensation is to be determined and in case the insurance company has raised any defence, the liability to pay compensation is to be fixed.
2. There are two victims namely Sh. Kundan, and Sh. Deepak Kumar who suffered injuries, in the road traffic accident on 20.08.2016.
3. Negligence:- The injured Kundan had stated before the police that on 20.08.2016 at about 16.30 hrs., he was going with his friend namely Deepak Kumar on his motorcycle bearing No.DL-3SCY-5717 from Karni Singh Shooting Range to Sangam Vihar vida M. B. Road, New Delhi. It is further stated that he was driving the motorcycle as per traffic rules and regulations and his friend Deepak was sitting behind him as pillion rider. It is further stated that when they reached near Airforce Residence Shooting Range Road, Pul Prahlad Pur, New Delhi, then all of a sudden, one vehicle bearing No. DL-3SDA-7066 came from front side in high speed which was driven by its driver in rash and negligent manner and hit their vehicle. It is stated that, due to this impact he and his friend fell down on the road and sustained injuries.
4. According to MLC Ex.PW1/1 of Jai Prakash Narayan Apex Trauma Centre, injured Kundan suffered laceration over RT foot 7 X 0.5 CM, abrasion over ABD 6 X 0.5CM and swelling over RT Knee.
5. According to MLC Ex.PW2/3 of Jai Prakash Narayan Apex Trauma Centre, injured Deepak Kumar suffered fracture RT shaft of Femur and Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.3/20 swelling and shortening of right lower limb.
6. The police after investigation filed a charge sheet against respondent No.1 under Section 279/337/338 IPC. Detailed Accident Report was filed before this Tribunal.
7. In response to the DAR, respondent No.1 and 2 appeared but did not file their written statement.
8. The insurance company filed written statement and stated that offending vehicle was insured vide policy bearing No. 2012-200101-15- 1013329-00-000 from 14.03.2016 to 13.03.2017 and given an offer of Rs.1,10,000/- to the claimant Deepak and Rs.15,000/- to injured Kundan Kumar but the same was not accepted by the claimants.
9. From the pleadings of parties the following issues were framed:-
1. Whether injured Deepak and Kundan suffered with injuries in a road traffic accident on 20.08.2016 with vehicle bearing registration No. DL-3SDA-7066,driven by R1 and owned by R2 and insured with R3 due to rash and negligent driving of R1? OPP
2. Whether the claimants are entitled to any compensation, if so to what extent and from whom?
3. Relief.
Evidence in injury case of Kundan Kumar:-
10. Injured Kundan Kumar entered witness box as PW1 and reiterated allegations of rash and negligent driving against respondent no.1. He filed his affidavit by way of evidence as Ex PW1/A. He proved his MLC as Ex. PW1/1, his discharge summary as Ex. PW1/2, his medical prescription by way of OPD card as Ex. PW1/3, his medical bills as Ex.PW1/4; election I-card Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.4/20 as Ex. PW1/5; DAR as Ex. PW1/6, and salary certificate and leave certificate as Ex.PW1/8.
11. In his cross examination by counsel for driver and owner, he denied the suggestion that the accident took place due to his negligence or that he was driving his motorcycle in a zig zag manner.
12. In his cross examination by counsel for insurance company, he admitted that he was working with M/s. Shiva Auto Gallery and was earning Rs.18,000/- per month and that he was on leave from 20.08.2016 to 01.02.2017. He further stated that from 10.04.2017, he was working with Tata Capital and was earning Rs.22,000/- per month. He denied the suggestion that the accident took place due to his own carelessness.
Evidence in injury case of Deepak Kumar:-
13. Other injured Deepak entered witness box as PW2 and he also reiterated allegations of rash and negligent driving against respondent no.1. He filed his affidavit by way of evidence as Ex.PW2/A. He proved his aadhar card, DL and PAN card as Ex. PW2/1, certificate of income issued by Bipra Professional Education Pvt. Ltd. as Ex. PW2/2, medical documents and discharge summary as Ex.PW2/3 and medical bills as Ex.PW2/4.
14. In his cross examination, he stated that he was doing final year of B. Tech from Sharda University, Greater Noida, U. P. at the time of accident and he has further stated that he has completed his B.Tech in May, 2017 i.e. after the accident. He admitted that he has neither filed nor brought any document to show his education qualification. He further stated that he used to give tuition classes at Bipra Professional Education Pvt. Ltd. for about three years and used to receive Rs.12,000/- cash from the institute.
He admitted that he does not have any document to show that he used to Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.5/20 impart home tuitions at the time of accident. He further admitted that he got Rs.1,04,863/- towards medical reimbursement from the insurance company/Star Health Insurance. He further denied the suggestion that he has not suffered any loss of income due to the accidental injuries.
15. No other witness was examined on behalf of claimants. Respondents did not lead any RE on their behalf.
16. Arguments were addressed by learned counsel for the claimants and learned counsel for the respondents. Written submissions in Form VI B have been filed on behalf of injured as well as on behalf of the insurance company.
17. On the basis of pleadings of the parties, evidence adduced and arguments addressed, issue-wise findings are as under:-
Issue No.1
18. Negligence in a compensation case before Claims Tribunal is to be proved by preponderance of probability and the test is not as strict as in a criminal case.
19. Police after investigation had filed charge-sheet against respondent no.1 under section 279/337/338 of IPC which is also suggestive of negligence of respondent no.1 in causing the accident. Other injured persons namely Deepak Kumar also deposed regarding negligent driving of respondent no.1. The IO has filed Detailed Accident Report before this Tribunal. Driver did not enter the witness box to rebut the evidence of claimants. In National Insurance Co. Vs. Pushpa Rana 2009 ACJ 287 Delhi it was laid down that completion of investigation and filing of chargesheet u/s 279/337/338 IPC are sufficient proof of negligence of the driver of the Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.6/20 offending vehicle. In National Insurance Co. Vs. Pushpa Rana 2009 ACJ 287 Delhi it was laid down that completion of investigation and filing of chargesheet u/s 279/337/338 IPC are sufficient proof of negligence of the driver of the offending vehicle.
20. It is well settled that the proceedings before the Claims Tribunal are in the nature of inquiry and the finding of rash and negligent driving by driver of the offending vehicle is to be returned only at the touch stone of preponderance of probabilities. The factors noted above are sufficient to conclude that preponderance of probability is made out showing negligence of respondent no.1 in causing the accident.
21. In view of the evidence adduced by claimant, coupled with DAR and charge-sheet against R1, the issue no.1 is decided accordingly, in favour of the Petitioners.
22. Compensation in the case of Kundan:-
Sl. Pecuniary loss : - Quantum no.
1. (I) Expenditure on treatment : As per Ex. Rs.4,116/-
PW1/4 there are medical bills of Rs.4116/-.
(ii) Expenditure on Conveyance: The claimant Rs.10,000/- has not filed any bill for conveyance. He suffered soft tissue injury. By guess work, compensation can be awarded for conveyance.
(iii) Expenditure on special diet : There is no Rs.10,000/- prescription for special diet. Injured has suffered soft tissue injury. By guess work, compensation can be awarded for special diet.
(iv) Cost of nursing / attendant : Even in the Rs.20,000/- absence of documentary proof, compensation for attendant's charges is to be given even if Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.7/20 gratuitous services were rendered by family members.
(v) Loss of income : The claimant has stated Rs.1,00,000/- that he was working with M/s. Shiva Auto Gallery and was earning Rs.18,000/- p.m. For proving his salary, injured has filed salary certificate showing the salary of Rs.18,000/- issued by his employer i.e. M/s. Shiva Auto Gallery along with leave certificate Ex.PW1/7. In his cross examination he has stated that he was on leave from 20.08.2016 to 01.02.2017 i.e. for about 5 ½ months.
As such, there was a loss of income for about 6 months, amount of Rs.1,00,000/- is awarded to the injured.
(vi) Cost of artificial limb (if applicable) : Not Applicable
(vii) Any other loss / expenditure : Not applicable
2. Non-Pecuniary Loss :
(I) Compensation for mental and physical Rs.20,000/-
shock : As the claimant has suffered grievous injury', he would have undergone mental and physical shock.
(ii) Pain and suffering : Compensation for Rs.20,000/- pain and suffering is to be awarded keeping in mind the nature of injuries.
(iii) Loss of amenities of life : There is no Nil. permanent disability.
(iv) Disfiguration : There is no dis-figuration. Nil.
(v) Loss of marriage prospects : Nil
(vi) Loss of earnings, inconvenience, Already covered above hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc.
3. Disability resulting in loss of earning capacity (I) Percentage of disability assessed and Nil. nature of disability as permanent or temporary: There is no permanent disability.
(ii) Loss of amenities or loss of expectation Nil.
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.8/20of life span on account of disability : There is no permanent disability.
(iii) Percentage of loss of earning capacity in Nil. relation to disability:There is no permanent disability.
(iv) Loss of future Income : There is no Nil permanent disability.
Total Compensation Rs.1,84,116/-
Interest 9% p.a. from the date of
filing of DAR which is
30.11.2016 till
realization.
23. Compensation in the case of Deepak Kumar:-
Sl. Pecuniary loss : - Quantum no.
1. (I) Expenditure on treatment : As per Ex. Rs.24,848/-
PW2/4 there are medical bills of Rs.24,848/-. Although, the reimbursement of Rs.1,04,863/- has already been made by the TPA on account of medical expenses, yet the petitioner had to bear expenses of Rs.24,848/- on this count, which he is entitled to get.
(ii) Expenditure on Conveyance: The claimant Rs.20,000/- has not filed any bill for conveyance. He suffered multiple fracture. The nature of injuries are thus grievous. By guess work, compensation can be awarded for conveyance.
(iii) Expenditure on special diet : There is no Rs.20,000/- prescription for special diet. The nature of injuries are grievous. By guess work, compensation can be awarded for special diet.
(iv) Cost of nursing / attendant : Even in the Rs.25,000/- absence of documentary proof, compensation for attendant's charges is to be given even if gratuitous services were rendered by family members.
(v) Loss of income : The claimant has stated Rs.72,000/-
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.9/20that at the time of accident he used to give part time tuition classes at Bipra Professional Education Pvt. Ltd. and he used to received Rs.12,000/- per month as well as he was imparting home tuitions.
Injured has filed Ex. PW2/2 the certificate of income issued by Bipra Professional Education Pvt. Ltd. which shows that injured Deepak Kumar was earning Rs.12,000/- per month as a part time teacher.
The treatment papers from 20.08.2016 upto 21.02.2017 have been filed as Ex. PW2/4. As such for loss of wages for about 6 months amount of Rs.72,000/- is awarded to the injured.
(vi) Cost of artificial limb (if applicable) : Not Applicable
(vii) Any other loss / expenditure : Not applicable
2. Non-Pecuniary Loss :
(I) Compensation for mental and physical Rs.20,000/-
shock : As the claimant has suffered grievous injury', he would have undergone mental and physical shock.
(ii) Pain and suffering : Compensation for Rs.25,000/- pain and suffering is to be awarded keeping in mind the nature of injuries.
(iii) Loss of amenities of life : There is no Nil. permanent disability.
(iv) Disfiguration : There is no dis-figuration. Nil.
(v) Loss of marriage prospects : Nil
(vi) Loss of earnings, inconvenience, Already covered above hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc.
3. Disability resulting in loss of earning capacity (I) Percentage of disability assessed and Nil. nature of disability as permanent or temporary: There is no permanent disability.
(ii) Loss of amenities or loss of expectation Nil.
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.10/20of life span on account of disability : There is no permanent disability.
(iii) Percentage of loss of earning capacity in Nil. relation to disability:There is no permanent disability.
(iv) Loss of future Income : There is no Nil permanent disability.
Total Compensation Rs.2,06,848/-
Interest 9% p.a. from the date of
filing of DAR which is
30.11.2016 till
realization.
Liability:-
24. Since, there is no statutory defence, therefore, the compensation shall be paid by respondent no.3/insurance company within 30 days with interest @ 9% per annum as above noted period and in case of default, penal interest @ 12% per annum shall be payable for the period of delay.
25. The award amount shall be deposited with State Bank of India, Saket Court Branch, New Delhi by way of RTGS/NEFT/IMPS in account of MACT FUND PARKING, A/c No. 35195787436, IFS Code SBIN0014244 and MICR code 110002342 under intimation to the Nazir along with calculation of interest and to the Counsel for the claimant. Insurance company shall also furnish TDS certificate, if any to the claimant.
Apportionment in the injury case of Kundan :-
26. Having regard to the financial needs of the injured, it is directed that a sum of Rs.1 Lakh be kept in 4 FDRs of Rs.25,000/- each for a period of 06 months, 12 months, 18 months and 24 months and the balance amount along with interest accrued on Rs.1,84,116/- be released to the petitioner for meeting his expenses in his saving bank account.
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.11/20Apportionment in the injury case of Deepak Kumar :-
27. Having regard to the financial needs of the injured, it is directed that a sum of Rs.1.50 Lakhs be kept in 6 FDRs of Rs.25,000/- each for a period of 06 months, 12 months, 18 months onwards till 36 months and the balance amount along with interest accrued on Rs.2,06,848/- be released to the petitioner for meeting his expenses in his saving bank account.
Directions to the petitioners:-
28. Both the petitioners shall get opened their bank accounts in a bank near their place of residence and shall place on record a copy of the said passbook with bank endorsement on it that the said accounts have been opened without cheque book and ATM card facility. The petitioners shall furnish information regarding the address of the bank/branch where the account has been opened as also the IFS code and MICR Code of the said branch. The petitioners shall also file their two photographs each, attested signatures, aadhar card and PAN card so as to facilitate the State Bank of India, Saket Court Branch to transfer the respective share of each petitioner in the said bank accounts. This order be complied with by the petitioner within two weeks from today.
29. The following directions are also given to the transferee bank for compliance:
(a) The Bank shall not permit any joint name (s) to be added in the savings bank account or fixed deposit accounts of victim i.e. the savings bank account(s) of the claimant(s) shall be individual savings bank account(s) and not a joint account (s).
(b) The original fixed deposit shall be retained by the bank in safe custody.
However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant (s).
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.12/20(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant (s) near the place of their residence.
(d) The maturity amounts of the FDR (s) be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant (s) near the place of their residence.
(e) No loan, advance or withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court.
(f) 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 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.
(g) 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.
FORM - VIB SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD.
1 Date of accident 20.08.2016.
2 Name of injured Kundan Kumar 3 Age of the injured 22 years at the time of accident 4 Occupation of the injured Team Leader Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.13/20 5 Income of the injured Rs.18,000/- p.a. 6 Nature injury Soft tissue injury 7 Medical treatment taken by the Injured suffered laceration over RT injured:
foot 7 X 0.5 CM, abrasion over ABD 6 X 0.5CM and swelling over RT Knee.
8 Period of Hospitalization One day hospitalization i.e. 20.08.2016 at JPN Trauma Centre.
9 Whether any permanent No disability?
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 4,116/-
(ii) Expenditure on conveyance Rs. 10,000/-
(iii) Expenditure on special diet Rs. 10,000/-
(iv) Cost of nursing / attendant Rs. 20,000/-
(v) Loss of earning capacity N. A.
(vi) Loss of income Rs. 1,00,000/-
(vii) Any other loss which may N. A.
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. 20,000/-
physical shock
(ii) Pain and suffering Rs. 20,000/-
(iii) Loss of amenities of life N. A.
(iv) Disfiguration N. A.
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.14/20
(v) Loss of marriage prospects N. A.
(vi) Loss of earning, inconvenience, N. A.
hardships, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
13 Disability resulting in loss of earning capacity:
(i) Percentage of disability N. A.
assessed and nature of
disability as permanent or
temporary
(ii) Loss of amenities or loss of N. A.
expectation of life span on
account of disability
(iii) Percentage of loss of earning N. A.
capacity in relation to disability
(iv) Loss of future income- (income N. A. x percentage earning capacity x multiplier) 14 TOTAL COMPENSATION Rs.1,84,116/-
15 INTEREST AWARDED 9% 16 Interest amount up to the date Rs. 24,528/-
of award 17 Total amount including interest Rs. 2,08,644/- 18 Award amount released Rs.1,08,644/- 19 Award amount kept in FDRs Rs.1,00,000/- 20 Mode of disbursement of the 4 FDRs of Rs.25,000/- each for 6 award amount to the claimant months to 12 months and 24
(s) (Clause 29) months 21 Next Date for compliance of 23.05.2018 the award. (Clause 31) Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.15/20 FORM - IVB SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD.
1 Date of accident 20.08.2016 2 Name of injured Sh. Deepak Kumar 3 Age of the injured 21 years at the time of accident.
4 Occupation of the injured Tutor 5 Income of the injured Rs.12,000/- p.m. 6 Nature injury Grievous injury 7 Medical treatment taken by the Fracture RT Shaft of Femur injured:
8 Period of Hospitalization One day hospitalization i.e. 20.08.2016 at JPN Trauma Centre 23.08.2016 to 25.08.2016 at Batra Hospital.
9 Whether any permanent No disability?
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(I) Expenditure on treatment Rs. 24,848/-
(ii) Expenditure on conveyance Rs. 20,000/-
(iii) Expenditure on special diet Rs. 20,000/-Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.16/20
(iv) Cost of nursing / attendant Rs. 25,000/-
(v) Loss of earning capacity NIL
(vi) Loss of income Rs.72,000/-
(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:
(i) Compensation for mental and Rs. 20,000/-
physical shock
(ii) Pain and suffering Rs. 25,000/-
(iii) Loss of amenities of life NIL
(iv) Disfiguration NIL
(v) Loss of marriage prospects NIL
(vi) Loss of earning, inconvenience, NIL
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 earning NIL
capacity in relation to disability
(iv) Loss of future income - NIL (income x percentage earning capacity x multiplier) 14 TOTAL COMPENSATION Rs.2,06,848/-
15 INTEREST AWARDED 9% 16 Interest amount up to the date Rs. 27,544/-
of award 17 Total amount including interest Rs.2,34,392/-
Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.17/2018 Award amount released Rs.1,50,000/- 19 Award amount kept in FDRs Rs.84,392/- 20 Mode of disbursement of the 6 FDRs of Rs.25,000/- each for 6 award amount to the claimant months to 12 months and till 36
(s) (Clause 29) months 21 Next Date for compliance of 23.05.2018 the award. (Clause 31)
30. Particulars of Form-V are as under:-
1. Date of the accident 20.08.2016
2. Date of intimation of the accident by the 22.08.2016 Investigating Officer to the Claims Tribunal. (Clause
2)
3. Date of intimation of the accident by the Not mentioned Investigation Officer to the Insurance Company.
(Clause 2)
4. Date of filing of Report under Section 173 Cr.P.C. Not mentioned before the Metropolitan Magistrate. (Clause 10)
5. Date of filing of Detailed Accident Information 30.11.2016 Report (DAR) by the Investigating Officer before Claims Tribunal. (Clause 10)
6. Date of service of DAR on the Insurance Company. 30.11.2016 (Clause 11)
7. Date of service of DAR on the claimant(s). (Clause 30.11.2016
11)
8. Whether DAR was complete in all respects? (Clause Yes
16)
9. If not, state deficiencies in the DAR Not applicable
10. Whether the police has verified the documents filed Yes with DAR? (Clause 4)
11. Whether there was any delay or deficiency on the No part of the Investigating Officer? If so, whether any action / direction warranted.
12. Date of appointment of the Designated Officer by Not mentioned the Insurance Company. (Clause19)
13. Name, address and contact number of the - Do- Designated Officer of the Insurance Company. (Clause 19)
14. Whether the Designated Officer of the Insurance Yes Company submitted his report within 30 days of the Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.18/20 DAR? (Clause 21)
15. Whether the Insurance Company admitted the Yes 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 deficiency on the No part of the Designated Officer of the Insurance Company? If so, whether any action / direction warranted?
17. Date of response of the claimants to the offer of Not applicable the Insurance Company. (Clause 23)
18. Date of award. 23.04.2018
19. Whether the award was passed with the consent of No the parties? (Clause 22)
20. Whether the claimant (s) were directed to open Yes savings bank account (s) near their place of residence? (Clause18)
21. Date of order by which claimant (s) were directed to 29.01.2018 open saving bank account (s) near his place of residence and produce PAN Card and Aadhar Card and the direction to the bank not to issue any cheque book / debit card to the claimant (s) and make an endorsement to this effect on the passbook (s) (Clause18).
22. Date on which the claimant (s) produced the Not yet produced passbook of their saving bank account near the place of their residence, along with the endorsement, PAN Card and Aadhar Card. (Clause
18)
23. Permanent residential address of the claimant (s)? Claimant Kundan Kumar PAthak (Clause 27) R/o. H-16/972, Sangam Vihar, New Delhi Claimant Deepak Kumar R/o. H. No. 430B, Gali No.17, Block -H, Sangam Vihar, New Delhi
24. Details of saving bank account (s) of the claimant (s) Not yet produced and the address of the bank with IFS Code. (Clause
27)
25. Whether the claimant (s) saving bank account (s) is Yes near his place of residence? (Clause 27)
26. Whether the claimant (s) were examined at the time Yes of passing of the award to ascertain his / their financial condition? (Clause 27) Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.19/20
27. Account Number, MICR Number, IFS Code, Name State Bank of India, and Branch of the Bank of the Claims Tribunal in Saket Court which the award amount is to be A/C No. 35195787436 deposited/transferred. IFS Code-SBIN0014244 MICR No.-110002342
31. Copy of this award be given to the parties free of cost and the copy of award be sent to the DLSA and Ld. Metropolitan Magistrate.
32. Put up on 01.05.2018 for appearance of the petitioner for filing copies of bank passbook etc. and list on 23.05.2018 for compliance.
Digitally signed RAJEEV by RAJEEV
BANSAL
BANSAL Date: 2018.04.24
16:05:38 +0530
Announced in open Court (RAJEEV BANSAL)
on 23rd April, 2018. PO-MACT-01 (South-East) Saket Court/ New Delhi Suit No.5033/16 Kundan Kumar & Anr. Vs Vipin Kumar & Ors. Page No.20/20