Delhi District Court
Sh. Rohit Yadav (Injured) vs Dr. A. D. Lamba (Driver - Now Deceased) on 22 September, 2022
IN THE COURT OF Dr. KAMINI LAU, JUDGE (MACT)01
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
MACT No. 679/2022
FIR No. 315/2022
U/s. 279/337 IPC
PS : Patel Nagar
Sh. Rohit Yadav (Injured)
S/o Sh. Ram Sumer Yadav
R/o H. No. 333, Gali No. 7,
Jharoda Majra, Burari, Delhi.
......... Petitioner
Versus
1. Dr. A. D. Lamba (Driver - now deceased)
S/o Sh. J. L. Lamba
2. Ms. Aradhana Lamba (Owner)
W/o A. D. Lamba
Both residents of:
5A/10952, Street No. 4
New Krishna Mandir, WEA
Sat Nagar, Karol Bagh, New Delhi.
3. M/s Future Generali India Insurance Co. Ltd. (Insurer)
303310, 3rd Floor Kailash Building
K. G. Marg, Connaught Place, Delhi.
.......... Respondents
Date of filing of DAR : 17.08.2022
Date of Award : 22.09.2022
Rohit Yadav Vs. Dr. A. D. Lamba & Ors., MACT No. 679/2022, Page No. 1 of 4
Award dated 22.09.2022
SETTLEMENT AWARD
(1) This award shall decide the claim of the injured Sh. Rohit
Yadav under the provisions of the Motor Vehicles Act, 1988 as amended up to date to claim compensation in respect of the injuries sustained by him in a road vehicular accident which took place on 20.04.2022 at 04:45 PM, at Balraj Khanna Road, in front of House No. 4/27, West Patel Nagar, Delhi involving Honda Amaze Car bearing registration No. DL10CJ6117 driven by respondent no. 1 Dr. A. D. Lamba (now deceased) and duly owned by his wife i.e. respondent no. 2 Aradhana Lamba. In respect of the said accident, an FIR no. 315/2022, under Sections 279/337 IPC was registered at Police Station Patel Nagar and since the driver i.e. respondent no. 1 namely Dr. A. D. Lamba had expired, the investigating agency filed a Closure Report before the Court of Ld. MM.
(2) The dispute between the petitioner namely Rohit Yadav and respondent no. 3 M/s Future Generali India Insurance Company Ltd. has been amicably settled voluntarily in a sum of Rs.20,000/ (Rupees Twenty Thousand Only). The injured Rohit Yadav has further submitted that in view of the death of driver Dr. A. D. Lamba, a Closure Report has been filed by the Investigating Officer before the Court of Ld. MM, which he is not opposing.
(3) Statement of petitioner/injured Rohit Yadav and Sh. Sanjay Kumar, Advocate for respondent no. 3 M/s Future Generali India Insurance Company Ltd. have been recorded separately and photograph Rohit Yadav Vs. Dr. A. D. Lamba & Ors., MACT No. 679/2022, Page No. 2 of 4 Award dated 22.09.2022 of the petitioner is attached on his statement. Their statements are accepted by this Tribunal.
(4) In view of the statements of the parties, an award in the sum of Rs.20,000/ (Rupees Twenty Thousand Only) is passed in favour of the petitioner/ claimant Rohit Yadav and against the respondent no. 3 Insurance Company.
(5) The 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(s) under intimation to the petitioner and the Tribunal. In default of payment within the prescribed period, respondent shall be liable to pay interest @ 12% per annum for the period of delay till its realization. The respondents are further directed to place on record proof of deposit of the award amount, proof of delivery of notice to petitioner(s) in respect of deposit of the award amount and complete details in respect of calculation of interest etc., if any, in the Tribunal within 30 days with effect from today.
(6) On request of petitioner/injured, on realization of the award amount, the entire award amount of Rs.20,000/ be released to the petitioner/ injured Rohit Yadav.
(7) In so far as the proceedings under Section 175 IPC initiated against the respondent no. 2, the SHO Police Station Patel Nagar has already made a statement to the effect that they shall not be objecting to the disposal of the said proceedings.
(8) Copy of the award be given to the parties free of costs. Copy Rohit Yadav Vs. Dr. A. D. Lamba & Ors., MACT No. 679/2022, Page No. 3 of 4 Award dated 22.09.2022 of the award be also sent to the court of concerned Metropolitan Magistrate and Delhi State Legal Services Authority (DSLSA). (9) The Detailed Accident Report (DAR) which was registered as Claim Petition is disposed off as Settled.
(10) File be consigned to Record Room.
Announced in the open Court (Dr. KAMINI LAU)
Dated: 22.09.2022 PO (MACT)01, Central District,
Tis Hazari Courts, Delhi
Rohit Yadav Vs. Dr. A. D. Lamba & Ors., MACT No. 679/2022, Page No. 4 of 4
Award dated 22.09.2022
Rohit Yadav vs. Dr. A. D. Lamba & Ors.
MACT No. 679/2022
22.09.2022
Present: Injured Rohit Yadav in person with Sh. Yogender Kumar
Advocate.
None for respondent no. 1 and 2 (i.e. Driver) and Owner). Sh. Sanjay Kumar, Advocate for respondent no. 3 Insurance Company.
SI Vishwas is present from PS Patel Nagar.
I am informed that the driver who was driving the vehicle has expired. SI Vishwas submits that he has filed the Closure Report before the Ld. MM today itself in view of the death of driver Dr. A. D. Lamba, Copy is placed on record.
On 19.09.2022, the registered owner of vehicle Honda Amaze bearing no. DL10CJ6117 namely Smt. Aradhana Lamba appeared with her counsel and made specific statement to the effect that her husband namely Dr. A. D. Lamba used to drive the said car. She had initially in her statement stated that their vehicle has been falsely implicated in the present case and in this regard, she has also filed an application before the Ld. MM under Section 91 Cr.PC, which has been allowed. She had pointed out that the IO has falsely implicated her vehicle in the accident in respect of which a complaint was also made by her to the Police Department for action against the initial IO, after which the Investigating Officer was changed. According to Smt. Aradhana Lamba the IO in the DAR [Form VII, Para 33 (xvi)] mentioned that the CCTV Footage was collected but the same has neither been attached with the DAR nor supplied to her. It was observed by this Tribunal that the CCTV footage had not been placed on record nor the stills of the footage were attached when the IO SI Vijay Raj was present in the Tribunal admitted that there was no CCTV footage of accident and this fact was wrongly mentioned in the DAR. The owner Smt. Aradhana Lamba however, stated that without prejudice to her rights on merits, she has no objection to the disposal of the DAR upon a settlement between the petitioner and the respondent no. 3 Insurance Company.
In so far as the DAR is concerned, it is jointly submitted by Ld. Counsels that there is a settlement between the petitioner Rohit Yadav and respondent no. 3 Insurance Company for a total sum of Rs.20,000/ (Rupees Twenty Thousand only) in respect of the simple injury suffered by the petitioner in the accident in the present case.
The injured Rohit Yadav has submitted that in view of the death of driver Dr. A. D. Lamba, a Closure Report has been filed by the Investigating Officer before the Court of Ld. MM, which he is not opposing which Closure Report is now listed before the Ld. MM on 31.10.2022.
In so far as proceedings under Section 175 IPC initiated against the respondent no. 2 Smt. Aradhana Lamba are concerned, the SHO Police Station Patel Nagar had already made a statement on 19.09.2022 to the effect that they shall not be objecting to the disposal of the said proceedings as not pressed as Smt. Aradhana Lamba has now disclosed the details of the driver of the offending vehicle.
The statement of the petitioner Rohit Yadav and Sh.Sanjay Kumar, Advocate for respondent no. 3 M/s Future Generali India Insurance Company Ltd. are recorded separately.
I have considered the submissions and statement made before me. I am satisfied that the parties have settled the claim without any inducement, force or coercion. Vide separate judgment announced today, Settlement Award is passed in terms of the statements. The respondent no. 2 Smt. Aradhana Lamba and the petitioner shall not object to the closure of the Criminal Case and the Investigating Agency shall not press the complaint against the respondent no. 2 which they have filed under Section 175 IPC before the Ld. MM.
Copy of Award be given to the parties free of cost. Copy of the Award be also sent to the Court of concerned Metropolitan Magistrate.
A separate file be prepared for compliance and be put up on 28.10.2022.
File be consigned to Record Room.
(Dr. Kamini Lau) PO (MACT)01, Central, Tis Hazari Courts, Delhi/22.09.2022