Delhi District Court
Smt. Sushila (Injured) vs Sh. Manzoora (Driver) on 9 January, 2023
IN THE COURT OF Dr. KAMINI LAU JUDGE (MACT)01 CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI MACT No. 150/2020 FIR No. 202/2019 PS : Darya Ganj U/s. 279/338 IPC Smt. Sushila (Injured) W/o Sh. Rajender Prasad R/o C194, 3rd Floor Minto Road Complex, New Delhi Also at: 19 T, Harijan Basti, Firoz Shah Kotla 100 Quarters, Delhi Gate, Darya Ganj, Delhi. Also at: H. No. 26, Shashtri Nagar, Rani Garden Kali Mata Mandir, Geeta Colony, Delhi. ......... Petitioner Versus 1. Sh. Manzoora (Driver) S/o Dilshad R/o 189, VPO: Gangeru PS: Kandhla, Distt.: Shamli, U. P. 2. Sh. Pradeep (Owner) S/o Rajpal Singh H. No. 78, Chaupal Road Lat Panna Village: Issapur, New Delhi73. 3. Shri Ram General Insurance Company Ltd. (Insurer) E8, RIICO Industrial Area, Sutapura, Jaipur, Rajasthan. .......... Respondents
Date of filing of DAR : 23.01.2020
Date of Award : 09.01.2023
SETTLEMENT AWARD
(1) This award shall decide the claim of the injured
Sushila Vs. Manzoora & Ors., MACT No. 150/2020 Page No. 1 of 5
Award dated 09.01.2023
Smt.Sushila under the provisions of the Motor Vehicles Act, 1988 as amended up to date to claim compensation in respect of the Grievous injuries sustained by the injured in a road vehicular accident which took place on 20.09.2019 at about 01:00 PM near Petrol Pump, Asaf Ali Road, Darya Ganj, Delhi involving Maruti Celerio Car bearing registration no. DL1ZA 3855 driven by the respondent no. 1 Manzoora, owned by respondent no. 2 Pradeep and duly insured with respondent no. 3 M/s Shri Ram General Insurance Company Ltd. (2) In respect of the said accident, an FIR no. 202/2019 under Sections 279/338 IPC was registered at Police Station Darya Ganj and the chargesheet was filed against the respondent no.1 (Driver) of offending vehicle after which the Detailed Accident Report (DAR) was filed before this Court/Tribunal, which has been registered as Motor Accident Claim Petition.
(3) The dispute between the petitioner Smt.Sushila and respondent no. 3 M/s Shri Ram General Insurance Company Ltd. has been settled amicably and voluntarily for a sum of Rs.2,00,000/ (Rupees Two Lac Only), which amount has to be deposited by the Insurance Company within a period of 30 days from today.
(4) The petitioner Smt. Sushila submits that she has settled the dispute with the respondent no. 3 M/s Shri Ram General Insurance Company Ltd. amicably and voluntarily for a sum of Rs.2,00,000/ (Rupees Two Lac Only) which is Sushila Vs. Manzoora & Ors., MACT No. 150/2020 Page No. 2 of 5 Award dated 09.01.2023 without prejudice to her rights qua the proceedings pending before the Ld. MM.
(5) Statement of petitioner/injured Smt. Sushila and Sh. V. K. Gupta, Advocate for respondent no. 3 i.e. insurer M/s Shri Ram General Insurance Company Ltd., have been recorded separately. Their statements are accepted by this Tribunal.
(6) In view of the statement of the parties, an award in the sum of Rs.2,00,000/ (Rupees Two Lac Only) is passed in favour of the petitioner/claimant Smt. Sushila and against the respondent no. 3 insurer M/s Shri Ram General Insurance Company Ltd. with the directions that the respondent no. 3 i.e. insurer shall deposit Rs.2,00,000/ (Rupees Two Lac Only) with the Naib Nazir of this Tribunal within 30 days from today failing which respondent no. 3 shall be liable to pay interest @ 12% per annum for the delay caused by the insurance company. (7) On realization of the award amount, a sum of Rs.50,000/ (Rupees Fifty Thousand only) be released to the petitioner Smt. Sushila and the balance amount of Rs.1,50,000/ (Rupees One Lac Fifty Thousand only) shall be put in Six Monthly Fixed Deposits in her name in MACAD Account of equal amount of Rs.25,000/ (Rupees Twenty Five Thousand only) each for a period of 01 month to 06 months respectively, with cumulative interest, in terms of the directions contained in FAO No. 842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said sum, amount of FDRs on maturity, shall automatically Sushila Vs. Manzoora & Ors., MACT No. 150/2020 Page No. 3 of 5 Award dated 09.01.2023 be transferred in her saving account maintained in a nationalized bank without the facility of cheque book and ATM card. It is clarified that the amount shall be released to her only on submitting the copy of passbook of such saving account with endorsement of the bank that no cheque book facility and ATM card has been issued and the same shall not be issued without the prior permission of this Tribunal.
(8) The following conditions are imposed with respect to the fixed deposits:
(a) The bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant(s) i.e. the savings bank account(s) of the claimant(s) shall be an 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 the bank to the claimant(s).
(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, withdrawal or premature 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 debit card(s) of 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 Sushila Vs. Manzoora & Ors., MACT No. 150/2020 Page No. 4 of 5 Award dated 09.01.2023 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.
(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbook(s) of the claimant(s) is sufficient compliance of clause (g) above.
(9) Copy of the award be given to the parties free of costs. Copy of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA).
(10) The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled. (11) Naib Nazir is directed to prepare the miscellaneous file for compliance on 10.02.2023.
(12) File be consigned to Record Room.
Announced in the open Court (Dr. KAMINI LAU)
Dated: 09.01.2023 PO (MACT)01, Central District,
Tis Hazari Courts, Delhi
Sushila Vs. Manzoora & Ors., MACT No. 150/2020 Page No. 5 of 5
Award dated 09.01.2023
Sushila Vs. Manzoora & Ors.
MACT No. 150/2020
FIR No. 202/2019
PS : Darya Ganj
U/s. 279/338 IPC
09.01.2023
Present: Ms. Babita Tyagi, Advocate along with petitioner.
Respondent no. 1 & 2 exparte vide order dated 26.09.2022. Sh. V. K. Gupta, Advocate for respondent no. 3 Insurance Company.
At this stage, it is jointly submitted by the parties that the dispute between the petitioner and respondent no. 3 Insurance Company has been settled amicably and voluntarily for a sum of Rs.2,00,000/ (Rupees Two Lac Only) which is without prejudice to the rights of the petitioner qua the proceedings pending before the Ld. MM. It is settled that the settlement amount shall be deposited by the Insurance Company within a period of 30 days from today.
Statement of petitioner/injured Smt. Sushila and Sh. V. K. Gupta, Advocate for respondent no. 3 i.e. insurer M/s Shri Ram General Insurance Company Ltd., have been recorded separately. Their statements are accepted by this Tribunal.
Vide separate judgment announced today, settlement award in the sum of Rs.2,00,000/ (Rupees Two Lac Only) is passed in favour of the petitioner/claimant and against the respondent no. 3 M/s. Shri Ram General Insurance Company Ltd.
Copy of the award be given to the parties free of costs. Copy of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA).
The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled.
Naib Nazir is directed to prepare the miscellaneous file for compliance and put up on 10.02.2023.
File be consigned to Record Room.
(Dr. Kamini Lau) PO (MACT)01, Central, Tis Hazari Courts, Delhi/09.01.2023