Delhi District Court
Gurvinder Singh vs Sumer Singh on 30 April, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No. 2258/2016
CNR No. DLSW01-008014-2016
FIR No. 241/2016
P.S. Sector-23, Dwarka
In the matter of :
1) Sh. Gurvinder Singh
S/o Late Sh. Surender Singh
R/o N-A-57, Vishnu Garden,
Tilak Nagar, Delhi. ... (Petitioner)
Versus
1) Sh. Sumer
S/o Sh. Ranbir
R/o VPO Dharana,
Tehsil Beri, Distt. Jhajjar,
Haryana . ... (Driver)
2) Sh. Satish Kumar
S/o Sh. Raj Pal,
R/o B-68, Sainik Enclave,
Vipin Garden, Uttam Nagar,
Delhi. ...(Owner)
3) National Insurance Co. Ltd.
....(Insurance Company)
... Respondents
Date of Institution : 21.10.2016
Date of Judgment : 30.04.2025
FORM - V
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 1 of 23
COMPLIANCE OF THE PROVISIONS OF THE
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
TO BE MENTIONED IN THE AWARD
1. Date of the accident 11.08.2016
2. Date of intimation of the accident by the Not Available
investigating officer to the Claims Tribunal
(Clause 2)
3. Date of intimation of the accident by the Not Available
investigating officer to the insurance company.
(Clause 2)
4. Date of filing of Report under section 173 Cr.P.C. Not Available
before the Metropolitan Magistrate (Clause 10)
5. Date of filing of Detailed Accident Information 21.10.2016
Report (DAR) by the investigating Officer before
Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 21.10.2016
Company (Clause 11)
7. Date of service of DAR on the claimant(s). 21.10.2016
(Clause 11)
8. Whether DAR was complete in all respects? Yes
(Clause 16)
9. If not, whether deficiencies in the DAR removed N/A
later on?
10. Whether the police has verified the documents Yes
filed 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 N/A
the insurance Company (Clause 20)
13. Name, address and contact number of the N/A
Designated Officer of the Insurance Company.
(Clause 20)
14. Whether the designated Officer of the Insurance Not Available
Company submitted his report within 30 days of
the DAR? (Clause 20)
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 2 of 23
15. Whether the insurance company admitted the Not Available
liability? If so, whether the Designated Officer of
the insurance company fairly computed the
compensation in accordance with law. (Clause
23)
16. Whether there was any delay or deficiency on the N/A
part of the Designated Officer of the Insurance
Company? If so, whether any action/direction
warranted?
17. Date of response of the claimant (s) to the offer of No
the Insurance Company. (Clause 24)
18. Date of the Award 30.04.2025
19. Whether the award was passed with the consent Yes
of the parties? (Clause 22)
20. Whether the claimant(s) were directed to open Yes
saving bank account(s) near their place of
residence? (Clause 18)
21. Date of order by which claimant(s) were directed 07.05.2018
to open saving bank account (s) near his place of
residence and produce PAN Card and Aadhar
Card and the direction to the bank not issue any
cheque book/debit card to the claimant(s) and
make an endorsement to this effect on the
passbook(s). (Clause 18)
22. Date on which the claimant (s) produced the 17.10.2022
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) R/o N-A-57, Vishnu
(Clause 27) Garden, Tilak Nagar,
Delhi
24. Details of saving bank account(s) of the S.B. Account
claimant(s) and the address of the bank with IFSC No.00025200000341
Code (Clause 27) 2 with Yes Bank,
Gurgaon, Haryana
(IFSC:
YESB0000002)
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 3 of 23
25. Whether the claimant(s) saving bank account(s) Yes
is near his/her place of residence? (Clause 27)
26. Whether the claimant(s) were examined at the Yes
time of passing of the award to ascertain his/their
financial condition? (Clause 27)
27. Account number, MICR number IFSC Code, Account No.
name and branch of the bank of the Claims 42709452600 at SBI
Tribunal in which the award amount is to be Dwarka, Sector-10,
deposited/transferred. Dwarka Courts
Complex, IFSC Code:
SBIN0011566 &
MICR No.
110002483.
AWAR D
Preface
1. Detailed Accident Reports (DAR) seeking compensation
for (i) death of Ramanjeet Singh AND (ii) bodily injury sustained
by Gurvinder Singh in motor vehicle accident being subject
matter of FIR No.241/2016 PS Sector-23, Dwarka are taken up
together to be decided simultaneously.
Background
2. As gleaned from DAR read with Final Report under section 279/337/338/304A IPC, complainant Satpal Singh travelling in Tata Safari SUV No.DL-8CM-6006 along with Ramanjeet Singh, Jeevika, Gurvinder & Pintu Singh met with an accident near Traffic Signal of Sector- 19/20, Dwarka, New Delhi on 11.08.2016 at about 12:05 am (night) after Tourist Bus No. DL-1PB-4318 driven at very high speed in rash and negligent manner hit the Car on its left side and climbed upon the footpath after hitting the car. Driver of the Bus fled away from the spot leaving the vehicle and injured were shifted to Artemis Hospital, MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 4 of 23 Dwarka, Delhi where Ramanjeet Singh was declared 'Brought Dead' upon MLC No.1291/2016 whereas Gurvinder Singh was admitted upon MLC No.1292/2016 recording - (i) 'Multiple Abrasions Over Right & Left Hand; (ii) Contused Lacerated Wound Over Left Eye-Brow AND (iii) Multiple Abrasions Over Skull' which was opined simple.
3. FIR No.241/2016 under section 279/337/304A IPC was registered at PS Sector-23, Dwarka on the basis of statement of Satpal Singh who was found admitted upon MLC No.1093/2016 at Bensups Hospital, Dwarka and vehicles seized from the spot were deposited in malkhana. Dead body of Ramanjeet Singh was handed over to its relative after identification and postmortem examination at DDU Hospital and statement of witnesses/injured were recorded under section 161 Cr.P.C.
4. Respondent Sumer (driver) produced by Satish Kumar (owner) was formally arrested on 16.08.2016 and released on police bail and documents including DL, RC, Permit, Fitness & Policy produced by respondents were verified from concerned authorities. Tata Safari SUV No.DL-8CM-6006 & Bus No. DL- 1PB-4318 involved in the accident were released on superdari after their mechanical inspection and IO thereafter concluded investigation and prepared DAR which was filed in Court along with Final Report under section 279/338/338/304A IPC. Defence
5. Respondents Sumer Singh (driver) and Satish Kumar (owner) joined proceedings but did not file any reply.
6. Respondent National Insurance Co. Ltd. on its part has filed Legal Offer assessing - (i) Rs.8,81,304/- for death of MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 5 of 23 Ramanjeet Singh AND (ii) Rs.15,000/- for bodily injury sustained by Gurvinder Singh in motor vehicle accident. Inquiry
7. Issues settled on 09.10.2017 in MACT No.2260/2016 titled Balvinder Singh Vs. Sumer Singh & Ors. were subsequently modified on 17.07.2019 to read as under:
i. Whether Ramanjeet Singh sustained fatal injuries and Pintu Singh, Javika, Gurvinder Singh and Sat Pal Singh sustained injuries in a motor vehicle accident dt. 11.08.2016 due to rash and negligent driving of vehicle no. DL 1PB 4318 being driven by respondent no.1 Sumer, owned by respondent no.2 Satish Kumar and insured by respondent no.3 National Insurance Co. Ltd.? ...OPP ii. Whether the petitioners in the above mentioned cases are entitled to claim compensation, if so, what amount and from whom ? ...OPP iii. Relief.
8. Witnesses examined in the leading case include -
i. Injured Gurvinder Singh examined as PW-2 who has inter-
alia deposed that (i) he along with colleagues namely Satpal, Pintu, Jeevika & Ramanjeet was travelling in Tata Safari SUV No.DL-8CM-6006 which met with an accident near Traffic Signal of Sector-19/20, Dwarka, New Delhi on 11.08.2016 at about 12:05 am (night) after the car was hit on the left side by Tourist Bus No. DL-1PB-4318 driven at very high speed in rash and negligent manner which climbed upon the footpath after hitting the car; (ii) MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 6 of 23 treatment at Bensups Hospital followed by treatment as outdoor patient; (iii) expenses incurred on treatment, medicines, conveyance, attendant charges & special diet;
(iv) loss of monthly income Rs.15,960/- in course of treatment and recovery AND (v) general and special damages consequent to bodily injury sustained in road accident. He has also relied upon following documents -
(a) copy of Aadhar Card - Ex.PW-2/1; (b) copy of Service ID Card - Ex.PW-2/2; (c) Salary Slip - Ex.PW-2/3; (d) Prescription & Treatment Bills of Bensups Hospital - Ex.PW-2/4; (d) Final Report under section 279/337/338/304 A IPC - Ex.PW-2/5; (e) FIR No. 241/2016 PS Sector-23, Dwarka - Ex.PW-2/6; (f) Site- Plan - Ex.PW-2/7; (g) Mechanical Inspection Report of Bus No.DL-1PB-4318 - Ex.PW-2/8; (h) Mechanical Inspection Report of Tata Safari SUV No. DL-8CM-6006 - Ex.PW-2/9; (i) copy of Notice under section 133 of M.V. Act - Ex.PW-2/10; (j) Arrest Memo - Ex.PW-2/11 AND (k) MLC No. 1291/2016 -Ex.PW-2/12.
ii. Sh. Balvinder Singh, father of deceased Ramanjeet Singh examined as PW-4 who has inter alia deposed about (i) death of Ramanjeet Singh travelling in Tata Safari SUV No.DL-8CM-6006 along with colleagues namely Satpal, Pintu, Jeevika & Gurvinder Singh which met with an accident near Traffic Signal of Sector-19/20, Dwarka, New Delhi on 11.08.2016 at about 12:05 am (night) after the car was hit on the left side by Tourist Bus No. DL-1PB-4318 driven at very high speed in rash and negligent manner MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 7 of 23 which climbed upon the footpath after hitting the car; (ii) MLC No.1291/2016 prepared at Artemis Hospital, Dwarka, New Delhi & Postmortem Examination of dead body conducted at DDU Hospital, New Delhi; (iii) Ramanjeet Singh being Graduate from Manav Bharti University, Himachal Pradesh was employed as Senior Sales Executive with Chumbak Design Pvt. Ltd., Indira Nagar, Bangalore, Karnataka drawing monthly salary Rs.29,204/-; (iv) Offer Letter dated 10.08.2016 for the post of Supervisor for Chandigarh Elante from Splash AND (v) general and special damages on account of untimely death of his son in motor vehicle accident. He has also relied upon documents - (a) copy of Aadhar Card of deponent Balvinder Singh and his wife Smt. Paramjeet Kaur - Ex.PW-4/1 & - Ex.PW-4/2; (b) Salary-slip of Ramanjeet Singh - Ex.PW-4/3; (c) Result-cum- Detailed Mark-sheets of Bachelor of Arts issued by Manav Bharti University - Ex.PW-4/4 (Colly.); (d) Voter ID Card of Ramajeet Singh
- Ex.PW-4/5; (e) DAR - Ex.PW-4/6; (f) FIR No. 241/2016 PS Sector-23, Dwarka - Ex.PW-4/7; (g) MLC No. 1291/2016 - Ex.PW-4/8; (h) Postmortem Report - Ex.PW-4/9; (i) Arrest Memo - Ex.PW-4/10 & (j) Site- plan - Ex.PW-4/11. Print out of Offer Letter of Splash & reply has been referred as Mark A whereas copy of Service ID Card of Ramanjeet Singh has been referred as Mark B.
9. Cross-examination of PW-2 to PW-4 by Ld. counsel for insurance company has been recorded and petitioners' evidence was closed on 17.07.2019.
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 8 of 23
10. No witness has been examined by driver, owner or insurer and respondents' evidence was eventually closed on 30.05.2022. Discussion and Conclusion
11. Advocate Sh. J.S. Dagar for claimants and Advocate Sh. Vikas Sharma for R3/National Insurance Co. Ltd. have addressed their submissions.
12. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
13. Issue No.1:
Whether Ramanjeet Singh sustained fatal injuries and Pintu Singh, Javika, Gurvinder Singh and Sat Pal Singh sustained injuries in a motor vehicle accident dt. 11.08.2016 due to rash and negligent driving of vehicle no. DL 1PB 4318 being driven by respondent no.1 Sumer, owned by respondent no.2 Satish Kumar and insured by respondent no.3 National Insurance Co. Ltd.? ...OPP
14. PW-2 and PW-4 have consistently deposed about - (i) death of Ramanjeet Singh AND (ii) bodily injury sustained by Gurvinder Singh in motor vehicle accident near Traffic Signal of Sector-19/20, Dwarka, New Delhi on 11.08.2016 at about 12:05 am (night) after Tata Safari SUV No.DL-8CM-6006 driven by Satpal Singh was hit on its left side by Tourist Bus No. DL-1PB- 4318 driven by Sumer at very high speed in rash and negligent manner.
15. Their testimony has remained consistent and nothing material could be elicited during cross-examination by ld.
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 9 of 23 Counsel for insurance company which could assail their testimony or impeach its veracity.
16. Respondent Sumer (driver), on the other hand, has not entered the witness-box to rebut allegation of rash and negligent driving of Bus No. DL-1PB-4318 resulting in accident leading to death of Ramanjeet Singh and bodily injury sustained by other occupants including Gurvinder Singh. Adverse inference is therefore required to be raised against driver as per the dicta of Hon'ble High Court of Orissa in National Insurance Company Ltd. Vs. Durdadshya Kumar Samal & Ors. 1987 SCC Online Ori. 57 AND Cholamandalam MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided by Hon'ble High Court of Delhi on 11th November, 2008.
17. It is apposite to note that Bus No. DL-1PB-4318 driven at high speed in rash and negligent manner had climbed up the footpath after hitting Tata Safari SUV No.DL-8CM-6006 near Traffic Signal of Sector- 19/20, Dwarka, New Delhi in the wee hours at around 12:05 am (night) on 11.08.2016 and failure of the driver to observe due care and caution is very much evident from the facts of the case for applying the principle of res ipsa loquitor.
18. Negligence in the normal parlance is understood as failure to take proper care which a reasonable man would have done under the circumstances and normal rule for the plaintiff to prove negligence is sought to be avoided by applying the principle of res ipsa loquitor. The general purport of the words res ipsa loquitor is that the accident "speaks for itself" or tell its own story and there are cases in which the accident speaks for itself so MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 10 of 23 that it is sufficient for the plaintiff to prove the accident and nothing more. It will then be incumbent upon the defendant to establish that the accident happened due to some cause other than his own negligence.
19. It is all the more well settled law that negligence of the driver in case of road traffic accident is required to be established on the touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under Motor Vehicle Act as held by Hon'ble Supreme Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal Road Transport Corporation & Ors (2009) 13 SCC 530.
20. Following observations in para 15 of aforesaid judgment of Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. It was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the claimants. The claimants were merely to establish their case on the touchstone of preponderance of probability. The standard of proof beyond reasonable doubt could not have been applied...."
21. Similar observation has been recorded by Hon'ble High Court of Delhi in para 12 of its judgment delivered in National Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC Online Del 1700 by holding that proceedings under Motor Vehicle Act are not akin to proceeding in a civil suit hence strict rules of evidence are not required to be followed and FIR against the driver along with criminal record of the case showing MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 11 of 23 completion of investigation by the police leading to Final Report are sufficient proof to reach the conclusion that the driver was negligent.
22. FINDING : Issue No.1 is therefore decided by holding that injured Gurvinder Singh suffered bodily injury in motor vehicle accident on 11.08.2016 as a result of rash and negligent driving of Bus No. DL-1PB-4318 by respondent Sumer (driver) which vehicle was registered in the name of Satish Kumar (owner) and insured with National Insurance Co. Ltd.
23. Issue No.2 Whether the petitioners in the above mentioned cases are entitled to claim compensation, if so, what amount and from whom? ...OPP
24. Injured Gurvinder having suffered bodily injury in motor vehicle accident was shifted to Artemis Hospital where MLC No.1292/2016 was prepared recording - (i) 'Multiple Abrasions Over Right & Left Hand; (ii) Contused Lacerated Wound Over Left Eye-Brow AND (iii) Multiple Abrasions Over Skull' which was opined simple. He has also undergone treatment at Bensups Hospital, Dwarka and left the hospital against Medical Advice. Injured having suffered injury in motor vehicle accident is entitled to be compensated for pecuniary and non-pecuniary damage. Quantum of compensation is required to be assessed separately under pecuniary and non-pecuniary heads.
25. At the outset, it has to be borne in mind that compensation is not expected to be a windfall or a bonanza nor it should be niggardly and Courts & Tribunals have a duty to weigh the various factors and quantify the amount of compensation which MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 12 of 23 should be just. What would be "just" compensation is a vexed question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of damages cannot be arrived at by precise mathematical calculations. It would depend upon the particular facts and circumstances, and attending peculiar or special features, if any, as held by Hon'ble Supreme Court of India in Helen C. Rebello Vs. Maharasthra SRTC, 1999 (1) SCC 90.
26. Following para of judgment of Hon'ble Supreme Court of India in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. & Ors. (1995) 1 SCC 551 being relevant is extracted herein below:
"9. Broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters i.e. on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 13 of 23 injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life."
27. Heads of compensation under pecuniary and non- pecuniary damages have been further explained by Hon'ble Apex Court in para 6 of Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 which reads as under:
"6. The heads under which compensation is awarded in personal injury cases are the following:
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non-pecuniary damages (General
Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 14 of 23 of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii),
(v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life.
NATURE AND EXTENT OF INJURIES
28. MLC No.1292/2016 of Gurvinder Singh was prepared at Artemis Hospital recording - (i) 'Multiple Abrasions Over Right & Left Hand; (ii) Contused Lacerated Wound Over Left Eye- Brow AND (iii) Multiple Abrasions Over Skull' which was opined simple.
29. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
30. PW-2 Gurvinder Singh in para 3 of affidavit Ex.PW-2/A has deposed to have spent Rs.15,000/- on treatment.
31. Aggregate sum of Rs.12,705/- (Rupees Twelve Thousand Seven Hundred Five only) against Final Bill & Money Receipt of Bensups Hospital, Dwarka Delhi is awarded to injured towards pecuniary loss under the head - Medicines & Treatment.
CONVEYANCE AND SPECIAL DIET
32. PW-2 Gurvinder Singh in para 4 of affidavit Ex.PW-2/A has deposed to have spent Rs.40,000/- on conveyance and Rs.50,000/- on special diet. However, no bill/documentary proof has been adduced in evidence verifying expenses incurred on Conveyance & Special Diet. Accordingly, a sum of Rs.5,000/- (Rupees Five Thousand only) each is awarded towards MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 15 of 23 conveyance and special diet for simple injury in the absence of any treatment record.
ATTENDANT CHARGES
33. Injured Gurvinder Singh having sustained (i) 'Multiple Abrasions Over Right & Left Hand; (ii) Contused Lacerated Wound Over Left Eye-Brow AND (iii) Multiple Abrasions Over Skull' might have needed an attendant to assist him for around a couple of weeks even if such gratuitous service was rendered by some or the other of his family/relatives. Hon'ble High Court of Delhi in Delhi Transport Corporation and Anr. Vs. Kumari Lalita 1982 SCC Online Delhi 123 has held that the victim cannot be deprived of compensation towards gratuitous service rendered by some of his family member. Accordingly, in the facts and circumstances of the case and in view of material on record, injured Gurvinder Singh is awarded Rs.5,000/- (Rupees Five Thousand only) towards attendant charges. LOSS OF INCOME
34. PW-2 Gurvinder Singh having claimed loss of monthly salary Rs.15,960/- has relied upon copy of service ID Card & Salary-Slip referred as Ex.PW-2/2 & Ex.PW-2/3 respectively. However, no evidence has been led verifying absence from duty.
35. Letter Ref. No. NIC/AKJ/Inc.172088A/2017 addressed to Manager, National Insurance Co. Ltd. filed along with reply of insurer would reveal that Gurvinder Singh was on leave from 12.08.2016 to 14.08.2016 and no salary was deducted for aforesaid period. Injured Gurvinder Singh having suffered simple injury is, therefore, not entitled to any compensation for loss of income/leave.
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 16 of 23 PAIN AND SUFFERING
36. Following factors are to be taken into account for assessing compensation under the head - Pain and Suffering:
(a) Nature of injury;
(b) Parts of body where injuries occurred;
(c) Surgeries, if any;
(d) Confinement in hospital;
(e) Duration of the treatment.
37. Hon'ble Supreme Court of India in para 9 of Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. & Anr. (2010) 10 SCC 254 has observed that whole idea in case of assessment of all damages for personal injury is to put the claimant in the same position as he was insofar as money can. Perfect compensation is hardly possible but one has to keep in mind that the victim has done no wrong; he has suffered at the hands of wrongdoer and Court must take care to give him full and fair compensation for that he had suffered.
38. Injured Gurvinder Singh having suffered (i) 'Multiple Abrasions Over Right & Left Hand; (ii) Contused Lacerated Wound Over Left Eye-Brow AND (iii) Multiple Abrasions Over Skull' was treated Bensups Hospital, Dwarka, Delhi. It would be apposite to award him a sum of Rs.5,000/- (Rupees Five Thousand only) towards 'Pain & Suffering'. LOSS OF AMENITIES, LOSS OF EXPECTATION OF LIFE, LOSS OF FUTURE EARNING/PROSPECTS AND FUTURE MEDICAL EXPENSES
39. Compensation for (i) loss of future earning/prospects AND
(ii) non pecuniary damages including loss of amenities and loss MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 17 of 23 of expectation of life is not required to be assessed in the absence of serious injury resulting in permanent physical disability.
40. Break-up of compensation awarded to injured under pecuniary and non-pecuniary heads is mentioned below in tabulated form:
S. No. HEADS AMOUNT (in
Rupees)
1. Medicines & Treatment Rs.12,705/-
2. Conveyance Rs.5,000/-
3. Special Diet Rs.5,000/-
4. Attendant Charges Rs.5,000/-
5. Loss of Income/Leave -
6. Pain & Suffering Rs.5,000/-
TOTAL Rs.32,705/-
rounded off to
Rs.33,000/-
INTEREST
41. There is nothing on record to justify withholding interest on the award amount. Having regard to the facts and circumstances of the present case, it will be just and proper to grant interest @ 7.5% per annum on the award amount as granted by Hon'ble Supreme Court of India in National Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC 260. Injured Gurvinder Singh is therefore awarded interest @ 7.5% per annum upon award amount Rs.33,000/- from the date of filing of DAR on 21.10.2016 till notice of deposit under Order XXI Rule 1 CPC to injured.
LIABILITY MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 18 of 23
42. R1/Sumer (driver) being principal tortfeasor driving Bus No. DL-1PB-4318 in rash and negligent manner resulting in death of victim in road accident and R2/Satish Kumar (owner) being vicariously liable for the act of the driver are liable to pay compensation amount with interest. However, since Bus No. DL- 1PB-4318 was insured against Third Party Risk so, R3/National Insurance Co. Ltd. being statutorily liable under Section 149 (1) of M.V.Act shall pay compensation along with interest to injured in the absence of any statutory defence under section 149(2) of M.V. Act.
43. FINDING : Issue No.2 is decided accordingly by holding that R3/National Insurance Co. Ltd. shall pay the award amount with interest to injured.
RELIEF
44. Thus, in view of foregoing discussion & conclusion and having regard to the facts and circumstances of the present case, award for a sum of Rs.33,000/- (Rupees Thirty Thousand only) along with interest @ 7.5% p.a from the date of filing of DAR on 21.10.2016 till notice of deposit under Order XXI Rule 1 CPC is passed in favour of injured and against all respondents.
45. The above-said compensation amount with interest shall be paid to injured by R3/National Insurance Co. Ltd.
46. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 11.08.2016
2. Name of the injured : Gurvinder Singh MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 19 of 23
3. Age of the injured : 31 years
4. Occupation of the injured : Private Job
5. Income of the injured : Rs.15,960/- per month
6. Nature of injury : Grievous
7. Medical treatment taken : Bensups Hospital, Dwarka, by the injured Delhi
8. Period of hospitalization : Nil
9. Whether any permanent : No disability? If yes, give details.
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs.12,705/-
(ii) Expenditure on conveyance Rs.5,000/-
(iii) Expenditure on special diet Rs.5,000/-
(iv) Cost of nursing/attendant Rs.5,000/-
(v) Cost of artificial limb -
(vi) Loss of earning capacity -
(vii) Loss of income -
(viii) Any other loss which may require -
any special treatment or aid to the
injured for the rest of his life
12. Non-Pecuniary Loss:
(i) Compensation for mental and -
physical shock
(ii) Pain and suffering Rs.5,000/-
(iii) Loss of amenities of life -
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 20 of 23
(iv) Disfiguration -
(v) Loss of marriage prospects -
(vi) Loss of earning, inconvenience, -
hardship, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability assessed -
and nature of disability as permanent or temporary
(ii) Loss of amenities of loss of -
expectation of life span on account
of disability
(iii) Percentage of loss of earning -
capacity in relation to disability
(iv) Loss of future Income - (Income x -
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.32,705/-
rounded off to
Rs.33,000/-
15. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from
award the date of filing
of DAR on
21.10.2016 till
notice of deposit
under Order XXI
Rule 1 CPC
17. Total amount including interest Rs.33,000/- +
interest @ 7.5%
p.a. from the date
of filing of the
DAR on
21.10.2016 till
notice of deposit
under Order XXI
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 21 of 23 Rule 1 CPC
18. Award amount released As per table given below
19. Award amount kept in FDRs As per table given below
20. Mode of disbursement of the By credit in the award amount to the claimant(s). SB Account of the injured 21 Next Date for compliance of the 05.06.2025 award.
47. The award amount shall be deposited/transferred by R3/National Insurance Co. Ltd. in Account No.42709452600 of 'MACT (South-West), Dwarka Courts, New Delhi' at State Bank of India, District Court Complex, Sector-10, Dwarka New Delhi, (IFSC Code SBIN0011566 and MICR Code 110002483) by RTGS/NEFT/IMPS within 30 days of award as per section 168(3) of M.V. Act under intimation to the Nazir of this court with proof of notice to claimants and their counsel.
48. Statement of injured regarding financial status, needs and liabilities has been recorded. In view of the said statement and having regard to the facts and circumstances of the present case, the award amount shall be disbursed in following manner:-
S. Name Status Amount of Award Release Amou No Amount nt of FDR
1. Sh. Gurvinder Injured Rs.33,000/- + Rs.33,000/- Nil Singh interest @ 7.5% with p.a. from the date proportionate of filing of the interest in DAR on MACT 21.10.2016 till Claims SB notice of deposit Account of MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 22 of 23 under Order XXI injured Rule 1 CPC
49. Injured has furnished details of Savings Bank Account No.000252000003412 with Yes Bank, Gurgaon, Haryana (IFSC:
YESB0000002) in his statement recorded on 17.10.2022 and it is requested that award amount may be transferred in the said SB Account.
50. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to transfer Rs.33,000/- with proportionate interest in Savings Bank Account No.000252000003412 with Yes Bank, Gurgaon, Haryana (IFSC:
YESB0000002).
51. R3/National Insurance Co. Ltd. shall inform the injured/counsel regarding award amount being deposited in MACT Account through registered post.
52. Copy of award be sent to the Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Manager, Yes Bank, Gurgaon, Haryana (IFSC: YESB0000002) for information /compliance.
53. Dasti copy of award be given to Ld. Counsel for injured and respondents.
54. Ahlmad is directed to prepare separate miscellaneous file to be listed on 05.06.2025 for filing compliance report.
55. File be consigned to Record Room.
Announced in the open Court TARUN Digitally signed by
TARUN YOGESH
on 30.04.2025 YOGESH 16:13:14 +0530
Date: 2025.05.03
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
MACT No.2258/2016 Gurvinder Singh & Ors. Vs. Sumer Singh & Ors. Page No. 23 of 23