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Delhi District Court

Smt. Vijay Devi (Injured) - Now Deceased vs Ms. Bhavya Sharma (Driver Cum Owner) on 2 February, 2023

IN THE COURT OF Dr. KAMINI LAU JUDGE (MACT)­01
 CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI

MACT No. 86/2022
FIR No. 427/2021
PS : Darya Ganj
U/s. 279/337/338 IPC

Smt. Vijay Devi (Injured) - Now Deceased
Through Sh. Abhishek Kumar (Son)
S/o Sh. Dharam Singh
R/o Village Noorpur, Muzbida
Baghpat, Khera, Uttar Pradesh
                                                        ......... Petitioner
                                    Versus

1.     Ms. Bhavya Sharma (Driver cum Owner)
       D/o Sh. Bhupender Sharma
       R/o H. No. 598, Paradise Apartment
       Sector­18, Noida, U. P.

2.     Tata AIG General Insurance Company Ltd. (Insurer)
       Aggarwal Prestige Tower 3rd Floor
       Plot No. 2, Road No. 44,
       Main Road, Rani Bagh, Delhi­25.
                                         .......... Respondents
Date of filing of DAR          : 01.02.2022
Date of Award                  : 02.02.2023


                           SETTLEMENT AWARD
(1)         This award shall decide the claim of the injured

namely Smt. Vijay Devi (now Deceased) under the provisions of the Motor Vehicles Act, 1988 as amended up to date to claim compensation in respect of the Simple injuries sustained by the Vijay Devi Vs. Bhavya Sharma & Anr., MACT No. 86/2022 Page No. 1 of 4 Award dated 02.02.2023 injured in a road vehicular accident which took place on 01.11.2021 at about 8:30 AM at Ring Road towards Shanti Van Red Light Loop involving vehicle bearing registration no. DL­8CBA­1041 driven and owned by respondent no. 1 namely Ms. Bhavya Sharma and duly insured with M/s Tata AIG General Insurance Co. Ltd.

(2) In respect of the said accident, an FIR no. 427/2021 under Sections 279/337/338 IPC was registered at Police Station Darya Ganj and the charge­sheet was filed against the respondent no.1 (i.e. Driver cum Owner) Ms. Bhavya Sharma 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 Legal Heir/Son of injured Smt. Vijay Devi (now deceased) namely Sh. Abhishek Kumar and respondent no.1 (i.e. Driver cum Owner) Ms. Bhavya Sharma has been settled amicably and voluntarily for a sum of Rs.10,000/­ (Rupees Ten Thousand Only) vide Joint Settlement which is Ex.CX­1 bearing the signatures of Sh. Abhishek Kumar at point 'A' and signatures of respondent no. 1 at point 'B', towards the full and final settlement of the claims of the LRs of the injured Smt. Vijay Devi (now deceased) for the Simple injuries sustained by the injured Smt. Vijay Devi in the accident, which amount shall be deposited by the respondent no. 1 within a period of 30 days from today.

Vijay Devi Vs. Bhavya Sharma & Anr., MACT No. 86/2022 Page No. 2 of 4 Award dated 02.02.2023 (4) Further, the LR of injured namely Sh. Abhishek Kumar has no objection to the compounding of the offence under Section 337/338 IPC before the Ld. MM and in so far as the non­compoundable offence under Section 279 IPC is concerned, he shall not object to the Ld. MM taking a lenient view against respondent no.1 upon her plea of guilt or in the alternative, the petitioner shall co­operate with the respondent no.1 in quashing of the FIR in the present case. (5) Statement of Sh. Abhishek Kumar (i.e. Legal Heir/Son of injured Smt. Vijay Devi), respondent no. 1 Ms. Bhavya Sharma and Sh. M. Awasthi, Advocate for respondent no. 2 M/s TATA AIG General Insurance Co. 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.10,000/­ (Rupees Ten Thousand Only) is passed in favour of the Legal Heirs of injured Smt. Vijay Devi (now deceased) and against the respondent no. 1 Ms. Bhavya Sharma with the directions that the respondent no. 1 shall deposit the settlement amount with the Naib Nazir of this Tribunal within 30 days from today failing which the respondent no. 1 shall be liable to pay interest @ 6% per annum for the delay caused by the respondent no. 1.

(7) On realization of the award amount, the entire amount of Rs.10,000/­ shall be released/disbursed to the Legal Heirs of injured (now deceased) only after the disposal of the criminal Vijay Devi Vs. Bhavya Sharma & Anr., MACT No. 86/2022 Page No. 3 of 4 Award dated 02.02.2023 case/quashing of FIR No. 427/2021 under Section 279/337/338 IPC registered at Police Station Darya Ganj, under intimation of this Tribunal.

(8) 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).

(9) The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled. (10) Naib Nazir is directed to prepare the miscellaneous file for compliance and put up on 04.03.2023. 

(11)        File be consigned to Record Room.



Announced in the open Court                  (Dr. KAMINI LAU)
Dated: 02.02.2023                       PO (MACT)­01, Central District,
                                            Tis Hazari Courts, Delhi




Vijay Devi Vs. Bhavya Sharma & Anr., MACT No. 86/2022      Page No. 4 of 4
Award dated 02.02.2023
 Vijay Devi Vs. Bhavya Sharma & Anr.
MACT No. 86/2022
FIR No. 427/2021
PS : Darya Ganj
U/s. 279/337/338 IPC

02.02.2023
Present:     Sh. Manak Chand and Ms. Soni Chauhan, Advocates along

with Sh. Abhishek Kumar the son of the injured Smt. Vijay Devi (now deceased).

Sh. Abhinav Sharma and Sh. Anupam Sharma, Advocates for respondent no. 1.

Sh. M. Awasthi, Advocate for respondent no. 2 Insurance Company.

R2W1 Ms. Asmita Singh is examined, cross­examined and discharged.

Be awaited for filing of the reply on behalf of the petitioner to the application under Section 151 CPC filed on behalf of the respondent no. 1 seeking recall of order dated 28.11.2022.

(Dr. Kamini Lau) PO (MACT)­01, Central, Tis Hazari Courts, Delhi/02.02.2023 2:30 PM Present: Sh. Manak Chand and Ms. Soni Chauhan, Advocates along with Sh. Abhishek Kumar the son of the injured Smt. Vijay Devi (now deceased).

Sh. Abhinav Sharma and Sh. Anupam Sharma, Advocates along with respondent no. 1 Ms. Bhavya Sharma. Sh. M. Awasthi, Advocate for respondent no. 2 Insurance Company.

Reply filed on behalf of petitioner to the application under Section 151 CPC filed on behalf of the respondent no. 1 seeking recall of order dated 28.11.2022.

At this stage, this Tribunal has been informed that the injured Smt. Vijay Devi has expired on 23.04.2022 and she is survived by the following Legal Heirs:­

1. Sh. Dharam Singh (Husband about 40 years)

2. Abhishek Kumar (Son aged 19 years)

3. Sakshi (Daughter aged 16 years)

4. Raja (Son aged 13 years) The amended memo of parties is taken on record. One of the LRs namely Abhishek Kumar (i.e. Son of injured) is present who is also injured in the same accident. He submits that he is appearing on behalf of all other LRs of the injured Smt. Vijay Devi.

At this stage, the parties have informed that the Legal Heir of injured namely Sh. Abhishek and the respondent no. 1 Ms. Bhavya Sharma have settled the dispute amicably for sum of Rs.10,000/­ vide Joint Settlement which is Ex.CX­1 bearing the signatures of Sh. Abhishek Kumar son of injured (now deceased) at point 'A' and signatures of respondent no. 1 at point 'B', towards the full and final settlement of the claims of the LRs of the injured Smt. Vijay Devi (now deceased) for the simple injuries sustained by her in the accident, which amount shall be deposited by the respondent no. 1 within a period of 30 days from today.

Statement of Sh. Abhishek Kumar (i.e. Legal Heir/Son of injured Smt. Vijay Devi), respondent no. 1 Ms. Bhavya Sharma and Sh. M. Awasthi, Advocate for respondent no. 2 M/s TATA AIG General Insurance Co. Ltd. have been recorded separately. Their statements are accepted by this Tribunal.

Vide separate judgment announced today, settlement award in the sum of Rs.10,000/­ (Rupees Ten Thousand Only) is passed in favour of the LRs of injured Smt. Vijay Devi (now deceased) and against the respondent no. 1 Ms. Bhavya Sharma. The respondent no. 1 shall deposit the award amount within a period of 30 days from today.

The award amount shall be released/disbursed to the LRs of the injured Smt. Vijay Devi (now deceased) only after the disposal of the criminal case/quashing of FIR No. 427/2021 under Section 279/337/338 IPC registered at Police Station Darya Ganj, under intimation of this Tribunal.

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 04.03.2023.

File be consigned to Record Room.

(Dr. Kamini Lau) PO (MACT)­01, Central, Tis Hazari Courts, Delhi/02.02.2023