Delhi District Court
Rajesh Devi W/O, Deceased (Petition) vs Ravinder Kumar (Nic) on 6 May, 2024
DLCT010027462018
Presented on : 24-02-2018
Registered on : 26-02-2018
Decided on : 06-05-2024
Duration : 06 Yrs 02 Months
IN THE TRIBUNAL OF PRESIDING OFFICER-MACT-02,
CENTRAL, TIS HAZARI COURTS, DELHI
PRESIDED OVER BY DR.PANKAJ SHARMA
IN THE MATTER OF CASE/ MACT No. 205/18 (For Grant
of Compensation in respect of the death of deceased
Devendra Kumar) :
1. RAJESH DEVI
W/o Late Sh. Devendra Kumar
2. RAHUL KUMAR
S/o Late Sh. Devendra Kumar
3. RICHA
D/o Late Sh. Devendra Kumar
4. ISHANT
S/o Late Sh. Devendra Kumar
5. DESH RAJ
S/o Late Sh. Khajan
All R/o Village Bichpari/Vichpadi,
Baghpat, Agrawal Mandi,
U.P.-250601. .......Petitioners
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 1/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2024.05.06
15:46:27 +0530
VERSUS
1. RAVINDER KUMAR
S/o Sh. Sita Ram
R/o Vill & P.O. Bhopura,
Distt. Ghaziabad, UP.
Also at:-
Vill. Noorpur, Thana Khekra,
Distt. Bhagpat, UP-250101.(Driver).
2. ARVIND SHARMA
S/o Sh.Sohan Lal
R/o Vill & P.O. Hasanpur Masoori Khekra,
Distt. Bhagpat, UP-2501101.(Owner).
3. NATIONAL INSURANCE CO. LTD.
1566/3, Charkha Road,
Kashmere Gate, Delhi-110006. (Insurer).
.......Respondents.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 2/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed PANKAJby PANKAJ SHARMA SHARMADate: 2024.05.06 15:46:36 +0530 DLCT010027452018 Presented on : 24-02-2018 Registered on : 26-02-2018 Decided on : 06-05-2024 Duration : 06 Yrs 02 Months IN THE MATTER OF CASE/ MACT No. 204/18 (For Grant of Compensation in respect of the death of deceased Braj Mohan @ Brij Mohan) :
1. NITIN SHARMA S/o Late Sh. Brij Mohan Sharma
2. RAHUL KUMAR S/o Late Sh. Brij Mohan Sharma Both R/o H.No. RZ-F-84/7, Street No. 4, Mahavir Enclave-1, South West, Delhi-110045.
Presently at B-5, Gali No. 5, Rama Garden, Karawal Nagar, Delhi-110094.
.......Petitioners VERSUS
1. RAVINDER KUMAR S/o Sh. Sita Ram R/o Vill & P.O. Bhopura, MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 3/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:46:52 +0530 Distt. Ghaziabad, UP.
Also at:-
Vill. Noorpur, Thana Khekra, Distt. Bhagpat, UP-250101.(Driver).
2. ARVIND SHARMA S/o Sh.Sohan Lal R/o Vill & P.O. Hasanpur Masoori Khekra, Distt. Bhagpat, UP-2501101.(Owner).
3. NATIONAL INSURANCE CO. LTD.
1566/3, Charkha Road, Kashmere Gate, Delhi-110006. (Insurer).
.......Respondents.
The particulars as per Form-XVII, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) are as under:-
1. Date of the accident 09/06/2017
2. Date of filing of Form-I - First Accident Report N.A. (FAR)
3. Date of delivery of Form-II to the victim(s) N.A.
4. Date of receipt of Form-III from the Driver N.A.
5. Date of receipt of Form-IV from the Owner N.A.
6. Date of filing of the Form-V-Interim Accident N.A. Report (IAR)
7. Date of receipt of Form-VIA and Form-VIB N.A. from the Victim(s) MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 4/44 Digitally signed MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:46:59 +0530
8. Date of filing of Form-VII - Detailed Accident N.A. Report (DAR)
9. Whether there was any delay or deficiency on the No part of the Investigating Officer? If so, whether any action/ direction warranted?
10. Date of appointment of the Designated Officer by Not the Insurance Company mentioned
11. Whether the Designated Officer of the Insurance No Company submitted his report within 30 days of the DAR?
12. 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?
13. Date of response of the petitioner(s) to the offer N.A. of the Insurance Company.
14. Date of the award 06/05/2024
15. Whether the petitioner (s) was/were directed to Yes open savings bank account(s) near their place of residence?
16. Date of order by which claimant(s) was/were 15/03/2024 directed to open savings bank account(s) near his place of residence and produce PAN Card and Adhaar 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.
17. Date on which the claimant(s) produced the N.A. passbook of their savings bank account near the place of their residence along with the endorsement, PAN Card and Adhaar Card?MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 5/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:47:06 +0530
18. Permanent Residential Address of the IN MACT N Claimant(s). o. 205/18:
Village Bichpari/ Vichpari Baghpat, Agrawal Mandi, U.P.-250601.
IN MACT N o. 204/18:
H.No. RZ-F-
84/7, Streeet No. 4,Mahavir Enclave-1, South West, Delhi-
110045.
Presently at B-5, Gali No. 5, Rama Garden, Karawal Nagar, Delhi-
110094.
19. Whether the claimant(s) savings bank account(s) N.A. is near his place of residence?MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 6/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:47:12 +0530
20. Whether the claimant(s) was/were examined at N.A. the time of passing of the award to ascertain his/their financial condition?
COMMON AWARD/JUDGMENT FACTUAL POSITION
1. These two petitions bearing MACT No. 205/18 and 204/18 U/s 166 r/w Section 140 of M.V. Act were filed on 26/02/2018 seeking compensation in respect of the death of one Sh. Devendra Kumar S/o Sh. Desh Raj (hereinafter referred to as "deceased"), and second in respect of the death of one Sh. Braj Mohan @ Brij Mohan S/o Late Dinna @ Dindayal (hereinafter referred to as "deceased") respectively due to a motor vehicular accident dated 09/06/2017. As per petition, on 09/06/2017 at about 04.00 A.M, the deceased Sh. Devendra Kumar was going on his motorcycle bearing registration no. UP-17M-2306 at a normal speed on his correct portion of the road with observing the traffic rules. It is further stated that the deceased was going towards Railway Sation Baraut for taking Haridwar Train from his residence for Holly bath alongwith his friend namely Braj Mohan who was sitting on the pillion rider of the motorcycle and whey they reached at Sarai Road Opposite Baba Barahazari Peer MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 7/44 Digitally signed MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ by PANKAJ SHARMA SHARMA Date:
2024.05.06 15:47:17 +0530 bypass Baraut Road, U.P. suddenly an Open Body Truck bearing registration no. UUP-17T-4599 (hereinafter referred to as "offending vehicle") which was being driven by its driver/ R-1 at a very high speed, rashly, negligently, without blowing any horn in contravention of the traffic rules came from behind and hit the motorcycle alongwith deceased and his friend namely Brij Mohan with a great force. It is further stated that as a result of this forceful impact deceased alongwith motorcycle and his friend fell down on the road and died on the spot due to this negligent act of the R-1/ driving of the offending vehicle bearing registration no. UP-17T-4599 (Open body Truck). It is further stated that after the accident R-1/ driver of the offending vehicle stopped his Truck at some distacne of the road form the accident spot, where he hit the motorcyclist and thereafter R-1/ driver fled away from the accident spot alongwith offending vehicle and after the accident deceased alongwith body of deceased friend Braj Mohan were removed to Distt. Compbined Hospital, Baghpat, UP from the accident place by the concerned police officials, where the concerned doctor conducted the postmortem of the deceased. A Case Crime no. 0539/2017 PS Baraut, Distt. Baghpat, UP U/s 279/304A/427 IPC was registered in respect of the above accident. R- 1 is the driver of the offending vehicle. R-2 is the owner of the same.
R-3 is the insurer of the offending vehicle. Notice of this petition was issued to all the respondents.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 8/44 Digitally signedPANKAJ by PANKAJ MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors SHARMA SHARMA Date: 2024.05.06 15:47:22 +0530 1.1 It is stated that the deceased Devendra Kumar was 46 years of age and was Assistant Teacher and was earning Rs.19,500/- per month besides Rs. 7,000/- to Rs.8,000/- per month from coaching / tuitions. As per petition, the petitioners were completely dependent on the earnings of the deceased. Petitioners seek compensation to the tune of Rs. 50 Lakhs in respect of the untimely death of deceased in the abovesaid accident.
1.2 It is stated that the deceased Braj Mohan @ Brij Mohan was 53 years of age and was Tailor Master and was earning Rs.18,000/- per month. As per petition, the petitioners were completely dependent on the earnings of the deceased. Petitioners seek compensation to the tune of Rs. 30 Lakhs in respect of the untimely death of deceased in the abovesaid accident. PLEADINGS in case No. 205/18 (For Grant of Compensation in respect of the death of deceased Sh. Devendra Kumar) :
2. A joint written statement was filed by R-1 and R-2 in which they declined the contents of petition in toto. They further claim that at the relevant time the offending vehicle was covered by an insurance policy issued by R-3/ insurance company in his favour and therefore, the liability, if any, is to be discharged by R-3/ Insurance Company only.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 9/44 Digitally signedMACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ SHARMA by PANKAJ SHARMA Date:
2024.05.06 15:47:28 +0530
3. R-3/Insurance Company filed a reply wherein it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself in favour of R-2.
PLEADINGS in case No. 204/18 (For Grant of Compensation in respect of the death of deceased Sh. Braj Mohan @ Brij Mohan) :
4. A joint written statement was filed by R-1 and R-2 in which they declined the contents of petition in toto. They further claim that at the relevant time the offending vehicle was covered by an insurance policy issued by R-3/ insurance company in his favour and therefore, the liability, if any, is to be discharged by R-3/ Insurance Company only.
5. R-3/Insurance Company filed a reply wherein it is admitted that at the relevant time the offending vehicle was covered by an insurance policy issued by itself in favour of R-2.
ISSUES NO. 1 in Case no. 205/18 (For Grant of Compensation in respect of the death of deceased Sh. Devendra Kumar) :
6. Vide order dated 29/01/2019, the following consolidated issues were framed by the Ld. Predecessor of this Tribunal :-
1. Whether the deceased Devendra Kumar suffered fatal injuries in an accident that took place on 09.06.2017 at about 4.00 AM involving Truck bearing registration No. UP-17T-4599 driven by the Respondent No. 1 rashly MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 10/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:47:34 +0530 and negligently, owned by the Respondent No. 2 and insured with the Respondent No. 3?OPP.
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom?
3. Relief.
ISSUES NO. 1 in Case no. 204/18 (For Grant of Compensation in respect of the death of deceased Sh. Braj Mohan @ Brij Mohan) :
7. Vide order dated 29/01/2019, the following consolidated issues were framed by the Ld. Predecessor of this Tribunal :-
1. Whether the deceased Brij Mohan suffered fatal injuries in an accident that took place on 09.06.2017 at about 4.00 AM involving Truck bearing registration No. UP-17T-4599 driven by the Respondent No. 1 rashly and negligently, owned by the Respondent No. 2 and insured with the Respondent No. 3?OPP.
2. Whether the petitioners are entitled for compensation? If so, to what amount and from whom?
3. Relief.MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 11/44 Digitally signed
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ SHARMA by PANKAJ SHARMA Date:
2024.05.06 15:47:39 +0530 CONSOLIDATION OF CASES
8. Both these matters bearing MACT No. 205/18 & 204/18 were consolidated vide order dated 31/10/2019 and the matter for Grant of Compensation in respect of the fatal injuries sustained by deceased Sh. Devendra Kumar i.e. MACT No. 205/18 was treated as a ''Lead Case.'' COMMON EVIDENCE IN BOTH THE MATTERS
9. In support of their contentions, the petitioners examined Petitioner No. 1 Smt. Rajesh Devi, wife of the deceased in case bearing MACT No. 205/18 as PW-1. PW-1 deposed, vide her affidavit Ex. PW1/A, that the deceased who is her husband lost his life on 09/06/2017 due to the motor vehicular accident dated 09/06/2017 as mentioned in para no. 1 of this award. She further stated that at the relevant time, the deceased was aged about 46 years and was Assistant Teacher and was earning Rs.19,500/- per month. Besides Rs. 7,000/- to Rs.8,000/- per month from coaching / tuition. She further deposed that the deceased is survived by his wife, children, sister and parents. She has relied upon following documents in support of her claim :-
'Ex PW1/1 are copies of election I card/aadhar card of Petitioners No. 1 to 6 (OSR);MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 12/44 Digitally signed by
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors SHARMA PANKAJPANKAJ SHARMA Date: 2024.05.06 15:47:44 +0530 Ex PW1/2 is the salary certificate issued Nav Jivan Inter College' Ex PW1/3 is the copy of DL of the deceased (OSR); Ex PW1/4 is the copy of Aadhar Card of the deceased (OSR)' Ex PW1/5 are the copies of qualification of the deceased (OSR);
Ex PW1/6 the certified copies of criminal record; Mark X is the copy of RC of offending vehicle; Mark Y is the copy of DL of the offending vehicle Mark Z is the copy of insurance policy; Mark C is the copy of permit of offending vehicle; Mark D is the copy of fitness of offending vehicle.''
10. She was cross-examined by the Ld. Counsel for R-3/ Insurance Company. In her cross-examination, she deposed that she is not an eye witness. She further deposed that the police officials told her about the accident. She denied the suggestion her deceased husband was M.Sc. Pass and employed as Assistant Teach in Navjeevan Inter College, Gandhi Nagar, Bagpat, UP and he was drawing a salary of Rs. 19,500/- or that he was earning Rs.7,000- 8,000/- from tuition. She further denied the suggestion that the documents relating to educational qualifications of her deceased husband are false and fabricated.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 13/44MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:47:50 +0530 10.1 In support of their contentions, the petitioners examined Petitioner No. 1 Sh. Nitin Sharma, son of the deceased in case bearing MACT No. 204/18 as PW-2. PW-2 deposed, vide his affidavit Ex. PW2/A, that the deceased who is his father lost his life on 09/06/2017 due to the motor vehicular accident dated 09/06/2017 as mentioned in para no. 1 of this award. She further stated that at the relevant time, the deceased was aged about 53 years and was Tailor Master and was earning Rs.18,000/- per month. He further deposed that the deceased is survived by his hildren. He has relied upon following documents in support of his claim :-
Ex PW2/1 are the copies of Aadhar cards of Petitioners No. 1 & 2 (OSR) Ex PW2/2 is the copy of PAN Card of the deceased (OSR) Ex PW2/3 is the certified copy of post mortem report of the deceased (OSR) 10.2 He was cross-examined by the Ld. Counsel for R-3/ Insurance Company. In his cross-examination, he deposed that he is not an eye witness to the accident. He denied the suggestion that his father was not Xth pass. He further denied the suggestion that the compensation of Rs.30 Lakhs is at a higher side and not liable to be paid.
10.3 Petitioners in case bearing MACT No. 205/18 examined MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 14/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:47:56 +0530 one Sh. Sudesh Kumar as PW-3. He deposed that deceased Sh.Devendra Kumar was working with their School namely Nav Jeewan Inter College, Gadhi, Baghpat, UP. He relied upon the authority letter issued by Acting Principal, Nav Jeewan Inter College vide Ex.PW-3/1 and copy of his Aadhar Card vide Ex.PW-3/2 (OSR). He proved the attendance of the deceased Devendra Kumar for the period 2016-17 and 2017-18 vide Ex.PW-3/3 (OSR) and salary record vide Ex.PW-3/4 (OSR). He was cross-examined by Ld. Counsel for R- 3/ Insurance Company. In his cross-examination he denied the suggestion that he has brought the record on the behest of the petitioner and his counsel.
10.4 Petitioner further examined one Sh. Krishan Pal, eye witness, as PW-4. He deposed that he is the eye witness in the case FIR No. 539/2017. He relied upon the copy of his Aadhar Card vide Mark A and the statement before the IO is marked as B and the relevant portion of his statement is at Point C. He further deposed that on 09/06/2017 at about 04.15 AM, he was going to Railway Station on bike and he has witnessed that one Truck ( Tatoo Thela) bearing registration no. UP-17T-4599 hit one motorcycle from the front side of the Truck. He further deposed that the occupants of the said motor cyclists fell down on the road and the said offending Truck after hitting the said motorcycle stopped his vehicle after 15-20 meters. He further deposed that the driver of the Truck after hitting the said MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 15/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:48:01 +0530 motorcycle came back to see that the motor cyclists were dead or alive. He further deposed that when the driver saw the public gathering at the spot, he ran away with his Truck and 02 persons on their bike followed the Truck but they did not catch the Truck driver and afterwards he also went on his motorcycle to the Railway Station for catching the train to Haridwar at about 05.00 A.M. He was cross- examined by Ld. Counsel for R-3/ Insurance Company. In his cross- examination he denied the suggestion that he is not an eye witness to the accident therefore he has not brought any record showing that he was present at the spot. He further denied the suggestion that he knows personally deceased Devendra Kumar and Brij Mohan Sharma that is why he is deposing on their behalf on a sympathetic ground as an eye witness.
11. Petitioner's evidence was then closed.
12. R-3/ Insurance Company examined one Sh. Surjeet Singh, Assistant, National Insurance Company Ltd as R-3/W/1. He relied upon the authority letter dated 17/08/2023 vide Ex. R3W1/1, the attested true copy of insurance policy certificate vide Ex.R3W/1/2 alongwith terms and condition as Point A, notice u/o 12 Rule 8 CPC sent to driver and owner vide Ex.R3W/1/3 and Ex.R3W/1/4 alongwith postal receipts vide Ex. R3W/1/5, the returned speed post envelop vide Ex.R3W/1/6, the Oriental Surveyor Report dated 13/09/2018 of Mr. Ajay Kumar Jain vide Ex.R3W/1/7, DL verification report of DL MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 16/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:48:06 +0530 of R-1 from RTO Ghaziabad vide Ex.R3W/1/8. He was cross- examined by Ld. Counsel for petitioners. In his cross-examination he denied the suggestion that the Surveyor Report is forged and fabricated.
FINDINGS
13. Oral submissions were advanced by Ld. Counsel for the parties.
ISSUE NO. 1 IN CASE NO. 205/18 (For Grant of Compensation in respect of the death of deceased Sh. Devendra Kumar) :
Whether the deceased Devendra Kumar suffered fatal injuries in anacc ident that took place on 09.06.2017at about 4.00 AM involving Truck bearing registration No. UP-17T-4599 driven by the Respondent No. 1
rashly and negligently, owned by the Respondent No. 2 and insured with the Respondent No. 3?OPP.
ISSUE NO. 1 IN CASE NO. 204/18 (For Grant of Compensation in respect of the death of deceased Sh. Braj Mohan @ Brij Mohan :MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 17/44 Digitally signed by PANKAJ
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors SHARMA PANKAJ Date:
SHARMA 2024.05.06 15:48:12 +0530 Whether the deceased Brij Mohan suffered fatal injuries in an accident that took place on 09.06.2017 at about 4.00 AM involving Truck bearing registration No. UP-17T-4599 driven by the Respondent No. 1 rashly and negligently, owned by the Respondent No. 2 and insured with theRespondent No. 3? OPP'
14. At the very outset, it may be noted that the procedure followed for proceedings conducted by an accident tribunal is similar to that followed by a civil court and in civil matters the facts are required to be established by preponderance of probabilities only and not by strict rules of evidence or beyond reasonable doubts, as are required in a criminal prosecution. The burden of proof in a civil case is never as heavy as in a criminal case, but in a claim petition under the M.V. Act, this burden is infact even lesser than that in a civil case. Reference in this regard can be made to the prepositions of law laid down by the Hon'ble Supreme Court in the case of Bimla Devi and others Vs. Himachal Road Transport Corporation and others, reported in (2009) 13 SC 530, which were reiterated in the subsequent judgment in the case of Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096(Civil Appeal No.1082 of 2011) and also recently in another case Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303 etc. MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 18/44 Digitally signed by PANKAJ MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:48:20 +0530
15. In order to decide the present issue, we may look into the oral testimonies of the eye witnesses of the accident in question (i.e. PW-4. The said witness deposed that at the relevant date, time and place, he was going to Railway Station on bike and he has witnessed that one Truck ( Tatoo Thela) bearing registration no. UP-17T-4599 hit one motorcycle from the front side of the Truck. He further deposed that the occupants of the said motor cyclists fell down on the road and the said offending Truck after hitting the said motorcycle stopped his vehicle after 15-20 meters. He further deposed that the driver of the Truck after hitting the said motorcycle came back to see that the motor cyclists were dead or alive. He further deposed that when the driver saw the public gathering at the spot, he ran away with his Truck and 02 persons on their bike followed the Truck but they did not catch the Truck driver and afterwards he also went on his motorcycle to the Railway Staion for catching the train to Haridwar at about 05.00 A.M. He was cross-examined by Ld. Counsel for R-3/ Insurance Company. In his cross-examination he denied the suggestion that he is not an eye witness to the accident therefore he has not brought any record showing that he was present at the spot. He further denied the suggestion that he knows personally deceased Devendra Kumar and Brij Mohan Sharma that is why he is deposing on their behalf on a sympathetic ground as an eye witness. In totality, the testimony of PW-4 seems reliable and worth acting upon. Since, PW-has MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 19/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMADate: 2024.05.06 15:48:28 +0530 categorically stated that the deceased persons died due to rash and negligent driving of R-1.
16. The very fact that R-1 has already been charge-sheeted for the offences punishable under Sections 279/304A/427 IPC in the above criminal case/FIR in itself is a strong circumstance to support the above oral testimony of injured and the case of petitioners on these issues. The certified copies of FIR, Chargesheet & Site plan also corroborate the oral testimony of PW-4.
17. Besides the above, R-1 himself was the best witness who could have stepped into the witness box to challenge regarding the above accident and its manner etc., but he has not done so. Therefore, an adverse inference on this aspect is also required to be drawn against the respondents in view of the law laid down in case of Cholamandalam M.S. General Insurance Company Ltd. Vs. Kamlesh, reported in 2009 (3) AD (Delhi) 310.
18. This Tribunal now proceeds to assess the wrongful act, neglect or default of R-1, if any, in driving the offending vehicle at the relevant time. Admittedly, R-1 has not explained the circumstances under which his vehicle (i.e. the offending vehicle) hit the Car of the deceased persons. In the absence of any averment or evidence regarding any mechanical defect in the offending vehicle or any material depicting any negligent/sudden act or omission on the part of the deceased persons and injured persons, the only inference MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 20/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMADate: 2024.05.06 15:48:37 +0530 possible in the given facts and circumstances is that of neglect and default on the part of R-1 in driving the offending vehicle at the relevant time.
19. In view of the Postmortem Report/ medical records placed on the judicial files by the respective petitioners/ injured(s), no dispute is left regarding the death of the deceased persons in the above accident.
20. In view of the above discussion, this Tribunal holds that the deceased died and the Injured persons suffered injuries and Injured A suffered simple injuries on their person on account of neglect and default of R-1 while driving the offending vehicle at the relevant time. All these issues are thus decided against the respondents and in favour of the petitioners/ injured(s) in all the three cases.
ISSUE NO. 2 IN ALL THE FOUR CASES "Whether the petitioners are entitled for compensation? If so, to what amount and from whom?
21. As this Tribunal has already held that R1 was responsible for the fatal injuries sustained by the deceased and for the fatal injuries sustained by the deceased persons and the injuries sustained by the injured persons, therefore, the petitioners in all the cases are entitled to be compensated justly. Computation of the MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page PANKAJ No. 21/44 Digitally signed by PANKAJ MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors SHARMA SHARMA Date: 2024.05.06 15:48:48 +0530 compensation shall be decided separately for all the sets of petitioners in the following paragraphs :-
COMPENSATION IN CASE No.205/18 ( For Grant of Compensation in respect of the death of deceased Sh. Devendra Kumar) :
(i) LOSS OF DEPENDENCY
22. In this regard, the petitioners have examined Petitioner No. 1 as PW-1 who was the wife of deceased. PW-1 deposed that at the relevant time, the deceased was 46 years old and was Assistant Teacher and was earning Rs.19,500/- per month besides Rs. 7,000/- to Rs.8,000/- per month from coaching / tuition. In order to prove the income of the deceased, the petitioners examined Sh. Sudeshk Kumar as PW-3. He proved the last drawn salary of Rs. 19,500/- of the deceased for the month of June, 2017. He relied upon the salary salary register Ex.PW3/4. Accordingly, the income of the deceased is considered to be Rs.19,500/- per month for the purpose of computation of compensation.
23. Petitioners have claimed that the deceased was aged about 46 years and they have placed on record the copy of the Aadhar Card of deceased, which is Ex PW1/4, as per which the date of birth of the deceased was 20/07/1970. The date of accident is MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 22/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA Date: SHARMA 2024.05.06 15:48:53 +0530 09/06/2017. Going by the said records, the age of deceased would be around 46 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '13' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
24. Coming to the dependency of deceased at the time of accident, it is observed that the deceased was survived by his wife, children and father who shall be treated as dependent upon the deceased.
25. Irrespective of this, one fourth of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 46 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioners are also held entitled to an addition of 30% of the above amount of his earnings towards future prospects.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 23/44 Digitally signedMACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:48:58 +0530
26. Thus, the loss of dependency qua the deceased in the present case comes to Rs.29,65,950/- (Rs.19,500/ X130/100 X 3/4 X12 X 13). This amount is awarded to the petitioners under this head.
(iii) COMPENSATION UNDER NON-PECUNIARY HEADS
27. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Parental Consortium : Rs. 1,76,000/- (Rs. 44,000/- X 3) Filial Consortium : Rs. 44,000/- (Rs. 44,000/- X 1) Spousal Consortium : Rs. 44,000/- (Rs. 44,000/- X 1) 27.1 Hence, the petitioners are awarded a total sum of Rs.2,60,000/- (Rs.20,000/- + 20,000/- + Rs. 2,20,000/-) under this MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 24/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:49:02 +0530 head.
COMPENSATION IN CASE No.204/18 ( For Grant of Compensation in respect of the death of deceased Sh. Braj Mohan @ Brij Mohan) :
(i) LOSS OF DEPENDENCY
28. In this regard, the petitioners have examined Petitioner No. 1 Sh. Nitin Sharma as PW-2 who was the son of deceased. PW- 2 deposed that at the relevant time, the deceased was 53 years old and was Tailor Master and was earning a sum of Rs.18,000/- per month. However, there is no material available on record which could corroborate the claim of PW-3 as to the monthly earnings of the deceased. In the facts and circumstances, it would be appropriate to assess the monthly income of the deceased as per the minimum wages payable to a Skilled Person in Delhi at the time of accident i.e. 09/06/2017 were Rs. 16,468/- per month.
29. Petitioners have claimed that the deceased was aged about 53 years at the time of accident and they have placed on record the copy of Pan Card of deceased, which is Ex PW2/2, as per which the date of birth of deceased was 01/01/1964. The date of accident is 09/06/2017. Going by the said records, the age of deceased would be around 53 years as on the date of accident. Hence, in view of the law laid down by the Hon'ble Supreme Court in case of Sarla MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 25/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date:
2024.05.06 15:49:08 +0530 Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, which has also been upheld by the Constitutional Bench of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, decided on 31.10.2017, the multiplier of '11' is held applicable for calculating the loss of dependency caused to the petitioners on account of death of the deceased.
30. Coming to the dependency of deceased at the time of accident, it is observed that the deceased was survived only by his children who shall be treated as dependent upon the deceased.
31. Irrespective of this, one third of the earnings of deceased shall be deducted towards his personal and living expenses in view of the law already discussed above. Further, since this Tribunal has assumed that the age of deceased was 53 years at the time of accident., in view of the law laid down in the case of Pranay Sethi & Ors. (Supra), the petitioner is also held entitled to an addition of 10% of the above amount of his earnings towards future prospects.
32. Thus, the loss of dependency qua the deceased in the present case comes to Rs.15,94,102/-(rounded off) (Rs.16,468/- X 110/100 X 2/3 X12 X 11). This amount is awarded to the petitioners under this head.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 26/44 Digitally signedMACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ SHARMA by PANKAJ SHARMA Date:
2024.05.06 15:49:13 +0530
(iii) COMPENSATION UNDER NON-PECUNIARY HEADS
33. In terms of propositions laid down by the Hon'ble Supreme Court in the case of Rajwati @ Rajjo & Ors. Vs. United India Insurance Co. Ltd., Civil Appeal No. 8179/2022 decided on 09/12/2022, the petitioners are also held entitled to amounts of Rs. 20,000/- each under the heads of loss of estate and funeral expenses. Further, in view of subsequent judgments of the Hon'ble Supreme Court in the case of United India Insurance Company Ltd Vs Satinder Kaur & Ors MANU/HC/0500/2020 and The New India Assurance Company Ltd & Ors Vs Somwati & Ors MANU/HC/0674/2020, the petitioners are also entitled to compensation under the head "loss of consortium": -
Parental Consortium : Rs.88,000/- (Rs. 44,000/- X2) 33.1 Hence, the petitioners are awarded a total sum of Rs.1,28,000/- (Rs.20,000/- + 20,000/- + Rs. 88,000/-) under this head.
ISSUE NO.3 / RELIEF
34. The petitioners (IN CASE NO. 205/18 (For Grant of Compensation in respect of the death of deceased Sh. Devendra Kumar ) are thus awarded a sum of Rs.32,25,950/- (Rupees Thirty Two Lakhs Twenty Five Thousand NIne Hundred MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 27/44 Digitally signed MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ by PANKAJ SHARMA SHARMA Date:
2024.05.06 15:49:23 +0530 Fifty Only )(Rs.29,65,950/- + Rs.2,60,000/-) along with interest @ 8% per annum from the date of filing of petition i.e. 26/02/2018. Since no interim compensation has been awarded, therefore no deduction is applicable. The Petitioner No. 1 shall have the share of 60% in the award amount whereas the Petitioners No. 2, 3, 4 & 5 shall have share of 10% in the award amount alongwith accrued interest.
35. The petitioners (IN CASE NO. 204/18 (For Grant of Compensation in respect of the death of deceased Sh. Braj Mohan @ Brij Mohan ) are thus awarded a sum of Rs.17,22,102/- (Rupees Seventeen Lakhs Twenty Two Thousand One Hundred and Two Only )(Rs.15,94,102/- + Rs.1,28,000/-) along with interest @ 8% per annum from the date of filing of petition i.e. 26/02/2018. Since no interim compensation has been awarded, therefore no deduction is applicable. The Petitioners No. 1 & 2 shall have equal share in the award amount alongwith accrued interest.
RELEASE IN CASE NO. 359/20 (For Grant of Compensation inrespect of the death of deceased Sh. Devendra Kumar )
36. Petitioners did not bother to appear before this Tribunal for recording their statements regarding financial needs and requirements.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 28/44 Digitally signedMACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:49:29 +0530 36.1 Out of the awarded amount, Petitioner No. 1 is awarded a sum of Rs. 26,00,000/- (Rupees Twenty Six Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 130 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 130 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in her savings/MACT Claims SB Accounts as and when she furnishes the details of their bank accounts which is near the place of her residence to the Bank Manager, State Bank of India, Tis Hazari Courts, New Delhi under intimation to the Civil Nazir of this Tribunal. The remaining amount of Rs.2,90,451/-
(Rupees Two Lakhs Ninety Thousand Four Hundred Fifty One Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioner No. 1. 36.2 Out of the awarded amount, Petitioners No. 2, 3 & 4 are awarded a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 20 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 29/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:49:35 +0530 1 to 20 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in their savings/MACT Claims SB Accounts as and when they furnish the details of their bank accounts which is near the place of their residence to the Bank Manager, State Bank of India, Tis Hazari Courts, New Delhi under intimation to the Civil Nazir of this Tribunal. The remaining amount of Rs.81,742/- (Rupees Eighty One Thousand Seven Hundred and Forty Two Only) is also directed to be released into their above said accounts, which can be withdrawn and utilized by the Petitioners No. 2, 3 & 4 respectively.
36.3 Considering the age of Petitioner No. 5, the entire awarded amount of Petitioner No. 5 of Rs. 4,81,742/- ( Rs. Four Lakhs Eighty One Thousand Seven Hundred Forty Two only) be released immediately in the saving/MACT Claims SB Account as and when he furnishes the details of his bank account which is near the place of his residence to the Bank Manager, State Bank of India, Tis Hazari Courts, New Delhi under intimation to the Civil Nazir of this Tribunal which can be withdrawn and utilized by the Petitioner No. 5. RELEASE IN CASE NO. 205/18 (For Grant of Compensation inrespect of the death of deceased Sh. Braj Mohan @ Brij Mohan MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 30/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:49:41 +0530 )
37. Petitioners did not bother to appear before this Tribunal for recording their statements regarding financial needs and requirements.
37.1 Out of the awarded amount, Petitioners No. 1 & 2 are awarded a sum of Rs.10,00,000/- each (Rupees Ten Lakhs Only) and the said amount is directed to be kept with State Bank of India, Branch Tis Hazari Courts, New Delhi in MACAD in the form of 50 monthly fixed deposit receipts (FDRs) payable in equal amounts for a period of 1 to 50 months in succession, as per the scheme formulated by Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. The amount of FDRs on maturity would be released in their savings/MACT Claims SB Accounts as and when they furnish the details of their bank accounts which is near the place of their residence to the Bank Manager, State Bank of India, Tis Hazari Courts, New Delhi under intimation to the Civil Nazir of this Tribunal. The remaining amount of Rs.2,85,836/- each (Rupees Two Lakhs Eighty Five Thousand Eight Hundred Thirty Six Only) is also directed to be released into her above said account, which can be withdrawn and utilized by the Petitioners No. 1 & 2 respectively.
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 31/44MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:49:48 +0530 LIABILITY
38. On the point of liability, Ld. Counsel for R-3/ Insurance Company has submitted that R-1 & R-2 were served with a notice issued under Order 12 Rule 8 CPC to produce his driving licence, but the same was never produced before it(R-3) or before this Tribunal.
Ld. Counsel for R-3/ Insurance Company further submitted in support of above claim regarding dispatch of notice U/o 12 Rule 8 CPC to R- 1 & R-2. In support of its contention, R-3/ Insurance Company has examined its official Sh. Surjeet Singh as R-3/W/1 in this regard. He relied upon the Surveyor Report dated 13/09/2018 of Mr. Ajay Kumar Jain vide Ex.R3W1/7 and the extract of driving license of Sh.Ravinder Kumar bearing No. UP1419970002239 which is having the seal of licensing authority, Ghaziabad, UP at Point A vide Ex.R3W1/8 which clearly shows that Ravinder Kumar, driver of the offending vehicle bearing registration no. UP-17T-4599 was not having a valid license on the date of accident i.e. 09/06/2017. As per the fact, the driving license of R-1 was valid for transport from 26/12/2013 to 25/12/2016 and for non transport from 24/10/1997 to 23/10/2017.The present offending vehicle was an open body Truck and therefore the said driving license was not valid for at the relevant time. There is no evidence on behalf of R-1 & R-2 to substantiate the aforesaid plea of the R-3/ Insurance Company that R-1 was plying the offending vehicle with a valid and effective driving license. It is MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 32/44 Digitally signed by MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:49:53 +0530 accordingly argued by Ld. Counsel for R-3/ Insurance Company that since R-1 was plying the offending vehicle without any valid driving licence, it (R-3) is liable to be discharged. It has been noted by this Tribunal that R-1 & R-2 have failed to place any valid and effective driving licence of R-1 on record. This entitles R-3 to be granted recovery rights against R-1 and R-2 jointly ans severally. Ordered accordingly.
39. R-3/ Insurance Company is directed to deposit the above award amount within 30 days from the date of this Award by way of NEFT or RTGS mode in the account of this Tribunal maintained with SBI, Tis Hazari Courts, Delhi (account holder's name-Motor Accident Claims Tribunal 02 Central, A/C No. 40743576901, IFSC Code SBIN0000726 under intimation to the petitioner and this Tribunal in terms of the format for remittance of compensation as provided in Divisional Manager Vs. Rajesh, 2016 SCC Online Mad. 1913 (and reiterated by Hon'ble Supreme Court in the orders dated 16.03.2021 and 16.11.2021 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors) along with interest @ 8% per annum, failing which it will be liable to pay interest at the rate of 12% per annum for the period of delay.
40. A digital copy of this award be forwarded to the parties free of cost. Ahlmad is directed to send the copy of the award to Ld. Metropolitan Magistrate concerned and Delhi Legal MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 33/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date:
2024.05.06 15:50:00 +0530 Services Authority in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial nos. 39, 40 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A)]. Further Nazir is directed to maintain the record in Form XVIII in view of Central Motor Vehicles (fifth Amendment) Rules, 2022 [(Directions at serial no. 41 of Procedure for Investigation of Motor Vehicle Accidents (under Rule 150A).
41. Ahlmad is directed to e-mail an authenticated copy of the award to the insurer as directed by the Hon'ble Supreme Court of India in WP (Civil) No. 534/2020 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India & Ors. on 16.03.2021. Ahlmad shall also e-mail an authenticated copy of the award to Branch Manager, SBI, Tis Hazari Courts for information.
42. Ahlmad is further directed to comply with the directions passed by the Hon'ble High Court of Delhi in MAC APP No. 10/2021 titled as New India Assurance Company Ltd. Vs. Sangeeta Vaid & Ors., date of decision : 06.01.2021 regarding digitisation of the records.
File be consigned to Record Room.
A separate file be prepared for compliance report and p ut up the same on 06/06/2024.
Digitally signedPANKAJ by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:50:06 +0530 Announced in the open court (DR. PANKAJ SHARMA MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 34/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA Date: SHARMA 2024.05.06 15:50:18 +0530 On this 06.05.2024 Judge, MACT-02 (CENTRAL) Delhi/06/05/2024 FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES
1. Date of accident. : 09/06/2017
2. Name of the deceased : Sh. Devendra Kumar
3. Age of the deceased : 46 years
4. Occupation of the deceased : Teacher
5. Income of the deceased : Assessed on the basis of salary slip
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Rajesh Devi 48 Years Wife of the
deceased
Rahul Kumar
(2) 25 years Son of the
deceased
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 35/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:50:24 +0530 (3) Richa 24 years Daughter of the deceased (4) Ishant 35 years Son of the deceased (6) Desh Raj 89 years Father of the deceased Computation of Compensation Sr. No. Heads Awarded by the Claims Tribunal
7. Income of the Rs.19,500/- per month deceased(A) MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 36/44 Digitally signed MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors by PANKAJ SHARMA PANKAJ Date:
SHARMA 2024.05.06 15:50:34 +0530
8. Add-Future Prospects 30% (B)
9. Less-Personal One fourth deduction has been expenses of the done deceased(C)
10. Monthly loss of Rs.19,012.50/-
dependency[(A+B)-
C=D]
11. Annual loss of Rs. 2,28,150/-
dependency (Dx12)
12. Multiplier(E) '13'
13. Total loss of Rs.29,65,950/-
dependency (Dx12xE= F)
14. Medical Expenses(G) NIL MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 37/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date: 2024.05.06 15:50:39 +0530
15. Compensation for loss Rs. 2,20,000/- ( Rs. 44,000X5) of consortium(H)
16. Compensation for loss NIL of love and affection (I)
17. Compensation for loss Rs. 20,000/-
of estate(J)
18. Compensation Rs. 20,000/-
towards funeral expenses(K)
19.
TOTAL Rs.32,25,950/-
COMPENSATION(
F+G+H+I+J+K=L)
20.
RATE OF 8%
INTEREST
AWARDED
21.
Interest amount up to Rs.15,91,469/-(rounded off) the date of award(M) MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 38/44 Digitally signed by MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:50:44 +0530
22.
Total amount Rs.48,17,419/-
including interest(L +
M)
23. P-1 : Rs.2,90,451/-
Award amount P-2 : Rs.81,742/-
released P-3 : Rs.81,742/-
P-4 : Rs.81,742/-
P-5 : Rs.4,81,742/-
24.
Award amount kept in As per award
FDRs
25.
Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 06/06/2024
compliance of the
award
FORM - XV, Central Motor Vehicles (fifth Amendment) Rules, 2022 (Pl. see Rule 150A) SUMMARY OF COMPUTATION OF AWARD AMOUNT IN MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 39/44 MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ Digitally signed by PANKAJ SHARMA SHARMA Date:
2024.05.06 15:50:51 +0530 DEATH CASES
1. Date of accident. : 09/06/2017
2. Name of the deceased : Sh. Braj Mohan @ Brij Mohan
3. Age of the deceased : 53 years
4. Occupation of the deceased : Tailor Master
5. Income of the deceased : Assessed on the basis of Minimum Wages of a Skilled Person in Delhi at the relevant time
6. Name, age and relationship of legal representative of deceased:-
S. No. Name Age Relation
(1) Nitin Sharma 75 Years Son of the
deceased
Kapil Dev
(2) 55 years Son of the
deceased
Computation of Compensation
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 40/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:50:57 +0530 Sr. No. Heads Awarded by the Claims Tribunal
7. Income of the Rs.16,468/- per month deceased(A)
8. Add-Future Prospects 10% (B)
9. Less-Personal One third deduction has been expenses of the done deceased(C)
10. Monthly loss of Rs.12,076.53/-
dependency[(A+B)-
C=D]
11. Annual loss of Rs. 1.44,918.39/-
dependency (Dx12)
12. Multiplier(E) '11' MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 41/44 Digitally signed by MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:51:02 +0530
13. Total loss of Rs.15,94,102/- ( rounded off) dependency (Dx12xE= F)
14. Medical Expenses(G) NIL
15. Compensation for loss Rs. 88,000/- ( Rs. 44,000X2) of consortium(H)
16. Compensation for loss NIL of love and affection (I)
17. Compensation for loss Rs. 20,000/-
of estate(J)
18. Compensation towards Rs. 20,000/-
funeral expenses(K)
19. TOTAL Rs.17,22,102/- (rounded off) COMPENSATION(F +G+H+I+J+K=L)
20.
RATE OF 8% MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 42/44 Digitally signed MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ by PANKAJ SHARMA Date:
SHARMA 2024.05.06 15:51:07 +0530 INTEREST AWARDED
21. Interest amount up to Rs.8,49,570/-(rounded off) the date of award(M)
22.
Total amount Rs.25,71,672/-
including interest(L +
M)
23. P-1 : Rs.2,85,836/-
Award amount
released P-2 : Rs.2,85,836/-
MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 43/44
MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors Digitally signed by PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:51:14 +0530
24.
Award amount kept in As per award FDRs
25. Mode of disbursement Mentioned in the award of the award amount to the petitioner (s)
26.
Next date for 06/06/2024
compliance of the
award
CONCLUSION:-
1. As per award dated 06/05/2024.
2. A separate file was ordered to be prepared by the Nazir with directions to put up the same on 06/06/2024.
Digitally signed by PANKAJPANKAJ SHARMA Date:
SHARMA 2024.05.06 15:51:18 +0530 (DR. PANKAJ SHARMA) PO MACT-02 (CENTRAL) DELHI/06/05/2024 MACT No. 205/18 Rajesh Devi & Ors. Vs. Ravinder Kumar & Ors Page No. 44/44 Digitally signed by MACT No. 204/18 Nitin Sharma & Ors. Vs. Ravinder Kumar & Ors PANKAJ PANKAJ SHARMA SHARMA Date:
2024.05.06 15:51:23 +0530