Delhi District Court
Smt. Nepal Kaur W/O Sh. Ranpal Singh ... vs Sh. Sanjay Goswami S/O Late Sh. P. G. ... on 17 October, 2017
IN THE COURT OF MS. SANTOSH SNEHI MANN,
JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL02, WEST DISTRICT,
TIS HAZARI COURTS, DELHI
Petition No.: 76870/2016
Smt. Nepal Kaur W/o Sh. Ranpal Singh Nehra
R/o: WZ106/104, Rajouri Garden, New Delhi
(Injured) .......... Petitioner
Versus
1. Sh. Sanjay Goswami S/o Late Sh. P. G. Goswami
R/o: 47A, Roshanara Building, Shakti Nagar,
Delhi - 110007
Also at: House No. 41C, PocketB,
Vikas Puri Extension, Tilak Nagar, New Delhi
(Driver)
2. Ms. Benu Goswami W/o Sh. Sanjay Goswami
R/o: 2C, PocketA, Vikas Puri Extension,
New Delhi
Also at: House No. 41C, PocketV,
Vikas Puri, New Delhi
(Owner)
3. Bharti AXA General Insurance Company Limited
2nd Floor, BIG Jos Tower,
A8, Netaji Subhash Place, Pitam Pura,
New Delhi - 110034.
Policy No. FPV/11234263/91/03/D59116
Valid from 25.03.2013 to 24.03.2014
(Insurer) .......... Respondents
Date of Institution : 06.06.2013
Arguments heard on : 17.10.2017
Date of Award : 17.10.2017
AWARD
1. A claim petition under Section 166 & 140 of the Motor Vehicles Act, 1988 (M. V. Act) was filed by the petitioner Smt. Nepal Kaur W/o Sh. Ranpal Singh Nehra, who suffered grievous injuries in a vehicular accident on 26.03.2013 with respect to which FIR No. 162/2013, under Sections Petition No.: 76870/2016 Page No. 1 of 4 279/337 IPC was registered at Police Station Tilak Nagar. Chargesheet has been filed under Sections 279/338 IPC against Sh. Sanjay Goswami (Respondent No. 1), driver of Car No. DL9CK4806 (offending vehicle).
2. Detailed Accident Report (DAR) has been filed by the Investigating Officer (IO) alongwith copies of the criminal proceedings including FIR and the ChargeSheet.
3. Brief facts of the vehicular accident as averred in the Claim Petition and DAR are that on 26.03.2013 at about 11.30 am at Lala Ganesh Dass Khatri Marg, Tilak Nagar, New Delhi, petitioner was crossing the road, when she was hit by the offending vehicle and consequently suffered grievous injuries. Allegedly the offending vehicle was driven in a rash and negligent manner by Sh. Sanjay Goswami (Respondent No. 1). Ms. Benu Goswami (Respondent No. 2) is the owner of the vehicle, which was insured with Bharti AXA General Insurance Company Limited (Respondent No. 3).
4. Joint written statement has been filed by the respondents No. 1 & 2, wherein it is denied that respondent No. 1 was driving the offending vehicle in a rash and negligent manner and caused the accident. It is claimed that petitioner was hit by some other vehicle and respondent No. 1 took the petitioner to Kukreja Hospital & Heart Centre Private Limited on humanitarian grounds.
5. Reply/written statement has been filed by Bharti AXA General Insurance Company Limited (Respondent No. 3), wherein it is admitted that the offending vehicle i.e. Car No. DL9CK4806 was insured with it vide Policy No. FPV/11234263/91/03/D59116, valid from 25.03.2013 to 24.03.2014. However, the liability is contested on the ground that there is a short gap between commencement of the insurance coverage and accident and so there is apprehension of fraud.
6. From the pleadings of the parties and material on record, following issues were framed by the Ld. Predecessor vide order dated 06.05.2014:
1. Whether the petitioner Smt. Nepal Kaur suffered injuries in Petition No.: 76870/2016 Page No. 2 of 4 an accident that took place on 26.03.2013 at about 11.30 am involving Swift Car bearing No. DL9CK4806, driven by the respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 Insurance Company? OPP.
2. Whether the petitioner is entitled for compensation? If so, to what amount and from whom?
3. Relief
7. In the petitioner's evidence, petitioner Smt. Nepal Kaur has examined herself as PW1.
8. Since, none appeared for the respondents No. 1 & 2, they were proceeded exparte vide order dated 15.11.2016.
9. Pending enquiry, petitioner Smt. Nepal Kaur and Sh. V. K. Gupta, counsel for the Insurance Company (Respondent No. 3) negotiated and agreed to settle the claim for Rs. 80,000/. Their statements were recorded separately in this regard.
10. Petitioner/injured Smt. Nepal Kaur has also been examined under Clause 26 of Modified Claims Tribunal Agreed Procedure (MCTAP) to ascertain her financial status and needs.
11. I have heard Ms. Nazneen, counsel for the petitioner and Sh. V. K. Gupta, counsel for the respondent No. 3 Insurance Company. I have carefully perused the record.
12. I am satisfied that parties have settled the claim without any inducement, force or coercion. In view of the statements of the parties, I pass an award in the sum of Rs. 80,000/ (Rupees Eighty Thousand Only) as full and final compensation to the petitioner Smt. Nepal Kaur W/o Sh. Ranpal Singh Nehra for the grievous injury suffered by her in the vehicular accident. Since the offending vehicle was insured to cover third party risk and the Insurance Company (Respondent No. 3) has indemnified the registered owner of the offending vehicle, it is under the statutory liability to pay the compensation.
Petition No.: 76870/2016 Page No. 3 of 413. Respondent No. 3 Insurance Company shall deposit the award amount within 30 days from the date of Award in the State Bank of India, Tis Hazari Branch, Delhi in the name of the petitioner under intimation to the petitioner and the Tribunal. In default of payment within the prescribed period, respondent No. 3, Insurance Company shall be liable to pay interest @ 12% pa for the period of delay till its realisation.
14. While making the deposit, Insurance Company shall mention the particulars of this case, name of the Tribunal and the date of decision on the back side of the cheque. Insurance Company shall also file copy of the award attested by its responsible officer in the bank at the time of deposit. Insurance Company is further directed to place on record proof of deposit of the award amount, proof of delivery of notice to the petitioner in respect of deposit of the award amount and complete details in respect of calculation of interest etc. in the Tribunal within 30 days with effect from today.
15. Considering the age of the petitioner, it is directed that the entire award amount be released to her.
16. Petitioner shall open account in State Bank of India, Tis Hazari Branch, Delhi. Manager of the Bank shall comply and release the award amount to the petitioner in terms of the Award.
17. Copy of the Award be given to the parties free of cost.
18. Copy of the Award be also sent to the Court of concerned Metropolitan Magistrate.
19. Nazir is directed to prepare a separate file for compliance and be put up on 27.11.2017.
20. File be consigned to Record Room.
Announced in the open Court (Santosh Snehi Mann) on 17.10.2017 Judge, Motor Accident Claims Tribunal02, West District, Tis Hazari Courts, Delhi Petition No.: 76870/2016 Page No. 4 of 4 FORM - IV COMPLIANCE OF THE PROVISIONS OF THE MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE TO BE MONITORED IN THE AWARD
1. Date of Accident 26.03.2013
2. Date of intimation of the accident by the Investigating Officer to the Claims Tribunal Not Mentioned in the DAR (Clause 2)
3. Date of intimation of the accident by the Investigating Officer to the Insurance Not Mentioned in the DAR Company (Clause 2)
4. Date of filing of Report under Section 173 Cr.P.C. before the Metropolitan Magistrate Not Mentioned in the DAR (Clause 10)
5. Date of filing of Detailed Accident Information Report (DAR) by the Investigating Officer 06.06.2013 before Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 06.06.2013 Company
7. Date of service of DAR on the Claimant(s) 06.06.2013 (Clause 11)
8. Whether DAR was complete in all respects?
Yes (Clause 16)
9. If not, state deficiencies in the DAR Not Applicable
10. Whether the police has verified the documents Yes filed with DAR? (Clause 4)
11. Whether there was any delay or deficiency on the part of the Investigating Officer? If so, No whether any action/direction warranted?
12. Date of appointment of the Designated Officer 06.06.2013 by the Insurance Company (Clause 19)
13. Name, address and contact number of the Sh. V. K. Gupta, counsel for Designated Officer of the Insurance Company the Bharti Axa General (Clause 19) Insurance Company Limited (Mobile No. 9810046001)
14. Whether the Designated Officer of the Insurance Company submitted his report No within 30 days of the DAR? (Clause 21) Petition No.: 76870/2016 Page No. 5 of 4
15. Whether the Insurance Company admitted the liability? If so, whether the Designated Officer of the Insurance Company fairly computed the Yes compensation in accordance with law (Clause 22)
16. Whether there was any delay or deficiency on the part of the Designated Officer of the No Insurance Company? If so, whether any action/ direction warranted?
17. Date of response of the Claimant(s) to the 17.10.2017 offer of the Insurance Company (Clause 23)
18. Date of Award 17.10.2017
19. Whether the Award was passed with the Yes consent of the parties? (Clause 22)
20. Whether the Claimant(s) examined at the time of passing of the Award to ascertain his/their Yes financial condition? (Clause 26)
21. Whether the photographs, specimen signatures, proof of residence and particulars of bank account of the injured/legal heirs of the Yes deceased taken at the time of passing of the Award? (Clause 26)
22. Mode of disbursement of the Award amount to Through State Bank of India, the Claimant(s) (Clause 28) Tis Hazari Branch, Delhi 23 Next date for compliance of the Award 27.11.2017 (Clause 30) (Santosh Snehi Mann) Judge, Motor Accident Claims Tribunal02, West District, Tis Hazari Courts, Delhi 17.10.2017 Petition No.: 76870/2016 Page No. 6 of 4