Delhi District Court
Ankita Dubey And Ors vs Amit Kumar Singh And Ors on 5 April, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No. 89/2019
CNR No. DLSW01-001486-2019
FIR No. 490/2018
PS: Vikas Puri, Delhi
In the matter of :
1) Smt. Ankita Dueby
W/o Late Sh. Shankaracharya Dubey
2) Sh. Dhruv Narayan
S/o Late Sh. Ramakant
3) Smt. Saroj Devi
W/o Sh. Dhruv Naryan
All R/o H. No. 8-C, First Floor,
Gali No.12, Yadav Enclave,
Vikas Nagar, Uttam Nagar,
New Delhi-110059. ...(Petitioner)
Versus
1) Sh. Amit Kumar Singh
S/o Sh. Vinod Kumar Singh
R/o H. No. A-168, Resettlement Colony,
Khayala, Tilak Nagar,
New Delhi. ...(Driver)
2) Smt. Asha Devi
Proprietor M/S Asha Enterprises
R/o 5-B/67, First Floor,
Near Guru Nanak Dairy,
Vishnu Garden, Delhi. ...(Owner)
3) TATA AIG General Insurance Co. Ltd.
Office at 105, First Fllor,
DDA Tower-II, District Centre,
Janakpuri, New Delhi.
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 1 of 25
.... (Insurance company)
... Respondents
Date of Institution : 17.01.2019
Date of judgment : 05.04.2025
AWAR D
Preface
1. Detailed Accident Report registered on 17.01.2019 has
been tagged with application under section 166 & 140 of M.V.
Act seeking compensation for death of victim in motor vehicle
accident filed on 30.01.2019.
Background
2. Facts of the case gleaned from application read with Final
Report in FIR No.490/2018, PS Vikaspuri would reveal that
Shankaracharya Dubey riding motorcycle No.DL-4SCG-6611
from his residence to client's place at Punjabi Bagh, New Delhi
met with an accident on 16.11.2018 at around 6:30 am after his
motorcycle was hit by offending Tata Ace No. DL-1LAB-5685
driven at very high speed in rash and negligent manner near
Chander Vihar Police Picket, Road No.236, Vikaspuri, Delhi
resulting in grievous bodily injuries. He was shifted to Deen
Dayal Hospital, Janakpuri, Delhi by PCR in unconscious and
unresponsive state and was declared 'Brought Dead' upon MLC
No. 11279.
3. It is submitted that deceased Shankaracharya Dubey, aged
25 years, was earning Rs.45,000/- per month at the time of his
death in road accident caused due to rash and negligent driving of
Tata Ace vehicle which overturned/capsized after hitting the
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motorcycle and respondents being driver, owner and insurer of
offending Tata Ace are jointly and severally liable to compensate
petitioners for general and special damages caused due to
untimely death of victim in motor vehicle accident.
4. FIR No.490/2018 under section 279/304A IPC PS
Vikaspuri was registered on the basis of Tehrir prepared by SI
Rakesh Kumar who reached at the spot upon information
received vide DD No.10A and found motorcycle No.DL-4SCG-
6611 and Tata Ace Tempo without Registration Number in
accidental condition. SI Rakesh Kumar thereafter reached DDU
Hospital, Janakpuri, Delhi and collected MLC No.11279/18 of
injured unknown s/o unknown who was reported to have been
brought to Casualty in unconscious and unresponsive state. No
eye-witness was met at the hospital and IO returned to the spot
where Amit Kumar Singh s/o Vinod Kumar Singh met him and
claimed to be driving the offending Tata Ace Tempo.
5. Tata Ace Tempo and Motorcycle No.DL-4SCG-6611
involved in the accident were seized from the spot and their
mechanical inspection was got conducted. Dead body of
deceased was handed over to its relatives after identification and
postmortem examination and respondent Anil Kumar Singh was
formally arrested by the IO on 16.11.2018. Original RC, Fitness
and insurance policy produced by Vinod Kumar Singh were
verified from concerned authorities and separate Kalandra under
section 146/196 & 5/180 of M.V. Act was prepared against the
owner after Policy No.0146654646 could not be verified by the
insurance company. Offence under section 3/181 of M.V. Act was
also added after Amit Kumar Singh failed to produce valid and
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effective licence. IO, thereafter, concluded investigation and
prepared DAR which was filed in Court along with Final Report
under section 278/304A IPC read with section 3/181, 5/180 &
146/196 of M.V. Act.
Defence
6. Respondents Amit Kumar Singh (driver) and Smt. Asha
Devi (owner) have filed joint written statement disputing
involvement and/or negligence of the driver of alleged Tata Ace
Tempo besides submitting that the vehicle was insured with Tata
AIG General Insurance Company and the driver was having valid
and effective driving licence on the date of alleged accident. It is
further submitted that respondent's driver behind the wheels has
been let off and vehicle in question has been planted by police at
the instance of petitioners.
7. Respondent TATA AIG General Insurance Company Ltd
on its part has denied liability against Policy No.0146654646
issued in the name of M/s Asha Enterprises for the period
26.06.2018 to 25.06.2019 as Cheque No.214921 dated
26.06.2018 drawn on State Bank of India towards 'Premium' was
dishonoured for the reason "Funds Insufficient ".
8. Insurance company has therefore prayed for striking it out
from the array of respondents by alluding to Kalandra under
Section 146/196 of M.V Act prepared against the owner besides
reserving its right to raise statutory defence under section 149(2)
and all defences under section 170 of M.V. Act in case the driver
and owner would fail to contest the case.
9. Following issues were settled on 15.04.2019 on the basis
of pleadings and matter was posted for petitioner's evidence.
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i. Whether Shankracharaya sustained fatal
injuries in a motor vehicle accident dt.
16.11.2018 due to rash and negligent
driving of vehicle no.DL-1LAB-5685 being
driven by respondent no. 1 Amit Kumar
Singh, owned by respondent No. 2 Asha
Devi and insured by respondent No. 3 Tata
AIG General Insurance Co. Ltd.?
...OPP
ii. Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom? OPP
iii. Relief.
10. PW-1 Smt. Ankita Dubey in paras 2 to 15 of affidavit Ex
PW1/A has inter alia deposed about (i) death of her husband in
motor vehicle accident near Chander Vihar Picket, Road No.236,
Vikaspuri, Delhi on 16.11.2018 after Motorcycle No.DL-4SCG-
6611 was hit by offending Tata Ace vehicle driven at very high
speed in rash and negligent manner; (ii) postmortem examination
of deceased who died due to injuries sustained in road accident;
(iii) expenses incurred on cremation and other rituals; (iv) FIR
No.490/2018 under section 279/304A IPC registered against
respondent Amit Kumar Singh who was driving the vehicle
rashly and negligently at very speed resulting in accident; (v)
deceased Shankaracharya Dubey having studied up to 12th
Standard had joined his brother Girijapati Dubey in managing
Center for Yoga, Acupressure, etc and also started his own Center
and was earning Rs.45,000/- per month at the time of his death;
(vi) Royal Enfield (Bullet) Model Classic-350 worth
Rs.1,74,000/- purchased by deceased Shankaracharya Dubey
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who was operating Savings Accounts in different banks AND
(vii) general and special damages suffered on account of the
untimely death of her husband in motor vehicle accident. She has
also relied upon following documents:
i. Copy of FIR No. 490/18 - Ex.PW-1/1;
ii. Copy of Death Certificate of Shankaracharya Dubey -
Ex.PW-1/2;
iii. Copy of Insurance Policy of Tata Ace - Ex.PW-1/3;
iv. Copy of Voter ID Card of Shankaracharya Dubey -
Ex.PW-1/4;
v. Copy of Driving Licence of Shankaracharya Dubey -
Ex.PW-1/5;
vi. Copy of Aadhar Card of Shankaracharya Dubey -
Ex.PW-1/6;
vii. Copy of Aadhar Card of deponent Ankita Dubey -
Ex.PW-1/7;
viii. Copy of Mark-sheet of Intermediate Examination 2009
of deceased - Ex.PW-1/8;
ix. Copy of Participation Certificate in Holistic Health
Conference - Ex.PW-1/9;
x. Copy of RC Royal Enfield Bullet no. DL-6SAZ-1500
in the name of deceased - Ex.PW-1/10;
xi. Copy of Passbook & Statement of Account of
Purvanchal Bank - Ex.PW-1/11;
xii. Copy of Term Deposit of Purvanchal Bank - Mark-A;
xiii. Copy of Passbook of Saving Account with State Bank
of India - Mark-B;
xiv. Copy of Passbook of PPF, SBI - Mark-C;
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xv. Copy of TDA, SBI - Mark-D;
xvi. Copy of Passbook with Punjab National Bank- Mark-
E;
xvii. Copy of LIC Policies & Premium Receipts - Mark-F
(Colly.);
xviii. Copy of Medical Paper & Final Bill of Delivery -
Ex.PW-1/12.
11. PW-2 Sh. Girjapati Dubey, being elder brother of deceased,
has corroborated her testimony by deposing about - (i) death of
Shankaracharya Dubey in motor vehicle accident on 16.11.2018
after Motorcycle No.DL-4SCG-6611 was hit by Tata Ace driven
at very high speed in rash and negligent manner near Chander
Vihar Police Picket, Road No.236, Vikaspuri, Delhi; (ii)
postmortem examination of deceased who died due to injuries
sustained in road accident; (iii) FIR No.490/2018 under section
279/304A IPC registered against the driver of offending Tata Ace
who was driving the vehicle rashly and negligently at very speed
resulting in accident; (iv) Center for Yoga, Acupressure,
Massage, etc. run by the deponent since 2006 and deceased
having joined business after completion of training before
starting his own Center at his residence earning average monthly
income Rs.45,000/-. He has relied upon following documents:
i. Copy of Aadhar Card of Sh. Dhruvnarayan & Smt.
Saroj Devi - Ex.PW-2/1 & Ex.PW-2/2;
ii. Copy of Visiting Card of Shankarcharya Dubey -
Ex.PW-2/3;
iii. Copy of Signboard of Shankarcharya Dubey - Ex.PW-
2/4;
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iv. Copy of 'Title Documents' of Property purchased by
Shankarcharya Dubey - Ex.PW-2/5;
v. Copy of charge-sheet - Ex.PW-2/6.
12. Cross-examination of PW-1 and PW-2 has been recorded
and petitioners' evidence was closed on 13.01.2020.
13. Respondents Amit Kumar Singh (driver) and Smt. Asha
Devi (owner) have filed their affidavits besides contending that
one Gurjeet Singh was driving the vehicle at the time of accident.
Submissions of Ld. counsel for driver & owner has been
recorded and copy of order dated 28.02.2022 has been sent to
concerned Ld. MM and SHO PS Vikaspuri for necessary action
at their end. Respondents driver and owner however neither came
forward for tendering their affidavits nor examined alleged
Gurjeet Singh.
14. Sh. Dharmender Singh, Senior Manager, Branch
Operations, M/s Tata AIG General Insurance Company Ltd
examined as R3W1 has denied liability against Policy
No.0146654646 which was cancelled due to non realization of
cheque issued towards 'Premium' of vehicle No.DL-1LA-B5685
and relied upon following documents referred in affidavit Ex
R3W1/A:
i. Authority Letter issued by Chief Manager, Legal
Claims- Ex.R3W1/1;
ii. Original Cheque No.214921 for a sum of Rs.13,372/- in
favour of Tata AIG GIC Ltd. drawn by Vinod Kumar
Singh upon State Bank of India AND Return Memo -
Ex.R3W1/2;
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iii. Kalandra under section 3/181, 5/180 & 146/196 of M.V.
Act prepared against Amit Kumar Singh & Asha Devi -
Ex.R3W1/3;
iv. Copy of Notice under Order XII Rule 8 CPC calling
upon driver & owner of vehicle No. DL-1LAB-5685 to
produce Original Insurance Policy and Licence of
driver - Ex.R3W1/4;
v. Postal Receipt & Tracking Report - Ex.R3W1/5 &
Ex.R3W1/6.
15. Sh. Deepak Shah, working as Associate with State Bank of
India, Khyala Branch, New Delhi being summoned witness
examined as R3W2 has produced relevant record including - (i)
Computer Generated Bank Statement of Account
No.32284182465 of Vinod Kumar Singh for the period
15.06.2018 to 15.07.2018 showing "Insufficient Balance" to
clear Cheque No.214921 dated 25.06.2018 which was returned
vide Memo dated 02.07.2018 AND (ii) scanned copy of e-mail
and reply received from SBI, CCPC (CTC), New Delhi along
with scanned copy of Cheque and Return Memo mentioning
"Insufficient Funds" referred as Ex. R3W2/1 (Colly).
16. Cross-examination of R3W1 by Ld. Counsel for
respondents for R1/driver and R2/owner has been recorded and
respondents' evidence was closed on 22.07.2024.
Discussion and Conclusion
17. Advocate Sh. Rajeev Shukla and Sh. Manish Kumar for
claimants, Advocate Ms. Reena for R1/driver & R2/owner AND
Advocate Sh. Pradeep Sehrawat for R3/TATA AIG General
Insurance Co. Ltd. have addressed their submissions.
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18. I have carefully perused pleadings and evidence adduced
on judicial file. My issue wise finding is recorded below:
19. Issue No.1:
Whether Shankracharaya sustained fatal
injuries in a motor vehicle accident dt.
16.11.2018 due to rash and negligent
driving of vehicle no.DL-1LAB-5685 being
driven by respondent no. 1 Amit Kumar
Singh, owned by respondent No. 2 Asha
Devi and insured by respondent No. 3 Tata
AIG General Insurance Co. Ltd.? ...OPP
20. PW-1 Smt. Ankita Dubey and PW-2 Sh. Girjapati Dubey
having deposed about death of Shankarcharya Dubey in motor
vehicle accident near Chander Vihar Police Picket, Road No.236,
Vikaspuri, Delhi on 16.11.2018 have fairly conceded that they
themselves have not witnessed the accident.
21. Though, respondents Amit Kumar Singh (driver) and Smt.
Asha Devi (owner) have filed affidavits disputing rash and
negligent driving of Tata Ace No.DL-1LAB-5685 besides
contending that one Gurjeet Singh was driving the vehicle at the
time of accident, however, neither respondents have come
forward to tender their affidavits nor examined alleged Gurjeet
Singh in support of their contention.
22. Since respondent Amit Kumar Singh (driver) has not
entered the witness-box to rebut allegation of rash and negligent
driving resulting in accident leading to death of Shankarcharya
Dubey so adverse inference is required to be raised against the
driver of Tata Ace No.DL-1LAB-5685 as per the dicta of
Hon'ble High Court of Orissa in National Insurance Company
Ltd. Vs. Durdadshya Kumar Samal & Ors. 1987 SCC Online
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Ori. 57 AND Cholamandalam MS General Insurance Co. Vs.
Smt. Kamlesh & Ors. decided by Hon'ble High Court of Delhi
on 11th November, 2008.
23. Mechanical Inspection Report verifying damage caused to
Tata Ace which overturned/capsized after hitting motorcycle
No.DL-4SCG-6611 seen along with photographs showing
extensive damage caused to the motorcycle and Tata Ace lying
on its side near the central verge of the road amply demonstrates
that Amit Kumar Singh (driver) has failed to observe due care
and caution expected from a driver of heavy motor vehicle for
applying the principle of res ipsa loquitor.
24. 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
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.
25. 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
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Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal
Road Transport Corporation & Ors (2009) 13 SCC 530.
26. 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...."
27. 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
completion of investigation by the police leading to Final Report
are sufficient proof to reach the conclusion that the driver was
negligent.
28. Postmortem Report No.2038/18 dated 16.11.2018 has been
filed along with DAR wherein it is recorded that deceased
Shankaracharya brought to DDU Hospital in unconscious and
unresponsive state was declared 'Brought Dead' and death is
stated to have been caused as a result of Cranio Cerebral Injury
(Head Injury) due to Blunt Force Impact upon Head and
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Hemorrhagic Shock due to injury to vital organs (lung, liver,
spleen) subsequent upon road traffic accident.
29. Testimony of R3W1 Sh. Dharmender Singh disputing
liability against Policy No.0146654646 has remained consistent
during cross-examination by Ld. counsel for driver & owner and
Original Cheque No. 214921 for Rs.13,372/- in favour TATA
AIG GIC Ltd. which was Dishonoured vide Return Memo dated
02.07.2018 has been duly proved by R3W2 Sh. Deepak Shah,
Associate working with State Bank of India, Khyala Branch,
New Delhi who has produced - (i) Computer Generated Bank
Statement of Account No.33284182465 of Vinod Kumar Singh
AND (ii) scanned copy of e-mail and reply received from SBI,
CCPC (CTC), New Delhi along with scanned copy of Cheque
and Return Memo mentioning "Insufficient Funds" referred as
Ex. R3W2/1 (Colly).
30. FINDING : Issue No.1 is therefore decided in favour of
claimants by holding that Shankarcharya Dubey has died
pursuant to bodily injury sustained in motor vehicle accident on
16.11.2018 as a result of rash and negligent driving of Tata Ace
No. DL-1LAB-5685 by respondent No.1/Amit Kumar Singh
(driver) which vehicle was registered in the name of M/s Asha
Enterprises (owner) and NOT insured against 3rd party risk.
31. Issue No.2
Whether the petitioner is entitled to claim
compensation, if so, what amount and from
whom? OPP
32. Shankaracharya Dubey having expired on 16.11.2018 is
survived by Smt. Ankita Dubey (wife), Sh. Dhruv Narayan
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(father), Smt. Saroj Devi (mother) AND Shaurya Dubey (minor
son) born on 28.04.2019. Petitioners being dependants are
therefore entitled to be compensated for death of victim in motor
vehicle accident.
33. Quantum of compensation is required to be assessed under
following heads:
Income
34. Though PW-1 Smt. Ankita Dubey & PW-2 Girjapati
Dubey have deposed that Shankaracharya Dubey was earning
Rs.45,000/- per month at the time of his untimely death,
however, mere entry of Rs.45,000/- credited through cheque on
03.05.2018 AND cash deposit of Rs.10,000/- & Rs.20,000/- on
03.07.2018, 04.10.2018 & 01.11.2018 are not sufficient to
establish monthly earnings Rs.45,000/-. Since copy of Mark-
sheet of Intermediate Examination 2009 of deceased
Shankaracharya Dubey has been referred as Ex.PW-1/8 so
Notional Income of deceased in the absence of cogent evidence
is taken @ Rs.16,962/- per month as per minimum wage of
'Matriculate' applicable in Delhi w.e.f. 01.10.2018.
Age & Multiplier
35. Date of Birth of Shankaracharya Dubey is mentioned as
14.05.1993 in copy of Driving Licence Ex.PW-1/5 & Aadhar
Card Ex.PW-1/6. Deceased Shankaracharya Dubey had therefore
completed 25 years of age at the time of death on 16.11.2018 and
multiplier of 18 will apply in the case as held in para 19 read
with para 42 of Sarla Verma & Ors vs. DTC (2009) 6 SCC 121
which has been approved by the Constitution Bench of Hon'ble
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Supreme Court of India in para 42 of National Insurance Co.
Ltd. Vs. Pranay Sethi (2017) 16 SCC 680.
Future Prospects
36. Since deceased Shankaracharya Dubey was 25 years, 06
months & 02 days old at the time of death so claimants are also
entitled to future prospect @ 40% upon Monthly Income as laid
down by Constitution Bench of Hon'ble Supreme Court of India
in para 59.4 of National Insurance Co. Ltd. Vs. Pranay Sethi
(Supra).
Personal Living and Expenses
37. Deceased Shankaracharya Dubey is survived by Smt.
Ankita Dubey (wife), Sh. Dhruv Narayan (father), Smt. Saroj
Devi (mother) AND Shaurya Dubey (minor son) and 1/3rd of
income of deceased is required to be deducted as personal living
and expenses as per principles laid down in paras 31 and 32 of
Sarla Verma & Ors. Vs. DTC (2009) 6 SCC 121 which have
been affirmed by Hon'ble Supreme Court of India in para 41 of
National Insurance Co. Ltd. Vs. Pranay Sethi (Supra).
Loss of Dependency
38. Sh. Dhruv Narayan being father of deceased must be
having independent source of income and cannot be regarded as
dependant of late Shankaracharya Dubey. Loss of dependency in
favour of wife, mother and minor child of Shankaracharya Dubey
is calculated as Rs.16,962/- x 140/100 x 18 x 12 x 2/3 =
Rs.34,19,539.20/- (Rupees Thirty Four Lakhs Nineteen
Thousand Five Hundred Thirty Nine & Twenty Paisa only).
Conventional Heads
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39. Hon'ble Supreme Court of India in para 59.8 of National
Insurance Co. Ltd. Vs. Pranay Sethi (Supra) decided on
31.10.2017 has laid down reasonable figures under the heads -
(i) loss of estate; (ii) loss of consortium AND (iii) funeral
expenses fixed as Rs.15,000/-; Rs.40,000/- and Rs.15,000/-
respectively to be enhanced @ 10% after every three years.
Loss of Estate
40. In terms of aforesaid judgment of Hon'ble Supreme Court
of India, a sum of Rs.18,150/- (Rupees Eighteen Thousand One
Hundred Fifty only) is awarded to claimants towards 'loss of
estate'.
Funeral Expenses
41. Similarly, in terms of the law/guidelines laid down in
aforesaid case, a sum of Rs.18,150/- (Rupees Eighteen
Thousand One Hundred Fifty only) is awarded to claimants
towards 'funeral expenses'.
Loss of Consortium
42. In view of the law/guidelines laid down in (i) Pranay
Sethi (Supra) read with (ii) Magma General Insurance Co. Ltd
vs. Nanu Ram (2018) 18 SCC 130 AND (iii) United India
Insurance Co. Ltd. vs Satinder Kaur (2021) 11 SCC 780, a sum
of Rs.48,400 x 04 = Rs.1,93,600/- (Rupees One Lakh Ninety
Three Thousand Six Hundred only) is awarded to claimants as
compensation under the head 'loss of consortium'.
43. Break-up of compensation to be awarded to claimants is
mentioned below in tabulated form:-
S. No. HEAD AMOUNT
1 Loss of dependency Rs.34,19,539.20/-
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2 Loss of consortium Rs.1,93,600/-
3 Funeral expenses Rs.18,150/-
4 Loss of estate Rs.18,150/-
TOTAL Rs.36,49,439.20/-
rounded off to
Rs.36,50,000/-
INTEREST
44. 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. Claimants
are therefore awarded interest @ 7.5% per annum upon award
amount Rs.36,50,000/- from the date of filing of DAR on
17.01.2019 till notice of deposit under Order XXI Rule 1 CPC to
petitioner/counsel.
LIABILITY
45. R1/Amit Kumar Singh (driver) being principal tortfeasor
driving Tata Ace No.DL-1LAB-5685 in rash and negligent
manner resulting in accident leading to death of Shankaracharya
Dubey and R2/Smt. Asha Devi, Proprietor of M/s Asha
Enterprises (owner) being vicariously liable for the act of the
driver shall pay compensation amount with interest to claimants
as Policy No.0146654646 covering 'Third Party Risk' was
canceled due to non-realization of Cheque No.214921 for
Rs.13,372/- in favour of Tata AIG GIC Ltd. which was
dishonoured vide Return Memo dated 02.07.2018.
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46. FINDING : Issue No.2 is decided accordingly by holding
that R1/Amit Kumar Singh (driver) and R2/Smt. Asha Devi,
Proprietor of M/s Asha Enterprises (owner) are jointly and
severally liable to pay compensation with interest to claimants.
RELIEF
47. In view of foregoing discussion and observations and
having regard to the facts and circumstances of the case, award
for a sum of Rs.36,50,000/- with interest @ 7.5% p.a. from the
date of filing of DAR on 17.01.2019 till notice of deposit under
Order XXI Rule 1 CPC is passed in favour of claimants.
48. Award amount with interest shall be paid by R1Amit
Kumar Singh (driver) and Smt. Asha Devi, Proprietor of M/s
Asha Enterprises (owner).
APPORTIONMENT
49. Award amount Rs.36,50,000/- shall be apportioned
amongst remaining claimants in following manner with
proportionate interest:
S. No. Name of the petitioner/relation Amount
with deceased
1. Smt. Anktia Dubey (wife) Rs.22,50,000/-
2. Sh. Dhruv Narayan (father) Rs.1,00,000/-
3. Smt. Saroj Devi (mother) Rs.3,00,000/-
3. Shaurya Dubey (minor son) Rs.10,00,000/-
Total Rs.36,50,000/-
50. FORM-IV A
SUMMARY OF THE COMPUTATION OF AWARD
AMOUNT IN DEATH CASE TO BE INCORPORATED IN
THE AWARD
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 18 of 25
1. Date of accident : 16.11.2018
2. Name of the deceased : Shankaracharya Dubey
3. Age of the deceased : 25 years (at the time
of accident)
4. Occupation of the deceased : Private Job
5. Income of the deceased : Rs.16,962/-(minimum
wage of 'Matriculate'
applicable in Delhi w.e.f.
01.10.2018)
6. Name, age and relationship of legal representative of
deceased
Sl. Name Age (at the time of Relation with
No. accident) deceased
(i) Petitioner - Smt. 21 years Wife
Ankita Dubey
(ii) Petitioner - Sh. 55 years Father
Dhruv Narayan
(iii) Petitioner - Smt. 53 years Mother
Saroj Devi
(iv) Petitioner - Born on 28.04.2019 Minor Son
Shaurya Dubey
Computation of compensation
Heads Awarded by the Claims
Tribunal
7. Income of the deceased (A) Rs.16,962/- (Monthly)
8. Add-Future Prospects (B) Rs.6,784.80/- (Monthly)
(40%)
9. Less-Personal expenses of Rs.7,915.6/- (Monthly)
the deceased (C) (One
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 19 of 25
Third)
10. Monthly loss of dependency Rs.15,831.2/-
{(A+B}-C=D
11. Annual loss of dependency Rs.1,89,974.4/-
[ D] (Rs.15,831.24/- x 12 )
12. Multiplier (E) 18
13. Total loss of dependency (D Rs. 1,89,974.4/- x 18 =
x E=F) Rs.34,19,539.2/-
14. Medical Expenses (G) Nil
15. Compensation for loss of Rs.1,93,600/- (48,400 x 04)
consortium (H)
16. Compensation for loss of Nil
love and affection (I)
17. Compensation for loss of Rs.18,150/-
estate (J)
18. Compensation towards Rs.18,150/-
funeral expenses (K)
19. TOTAL Rs.36,49,439.20/- rounded
COMPENSATION off to Rs.36,50,000/-
(F+G+H+I+J+K=L)
Deduction of Interim Nil.
Award
20. RATE OF INTEREST 7.5%
AWARDED
21. Interest amount up to the @ 7.5% per annum from the
date of award (M) date of filing of DAR on
17.01.2019 till notice of
deposit under Order XXI
Rule 1 CPC
22. Total amount including Rs.36,50,000/- + @ 7.5% per
interest ( L+M) annum from the date of filing
of DAR on 17.01.2019 till
notice of deposit under Order
XXI Rule 1 CPC.
23. Award amount released As per table given below
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 20 of 25
24. Award amount kept in As per table given below
FDRs
25. Mode of disbursement of By credit in the SB Account
the award amount to the of claimants
claimant (s) (Clause 29)
26. Next Date for compliance 16.05.2025
of the award. (Clause 31)
51. The award amount shall be deposited/transferred by
R1/Amit Kumar Singh (driver) and R2/Smt. Asha Devi,
Proprietor M/s Asha Enterprises (owner) 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.
52. Statement of claimants regarding their financial status,
needs and liabilities has been recorded. In view of their
statements 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 Release Amount of
no Award Amount FDR
.
1. Smt. Wife Rs.22,50,000/- Rs.12,50,000/- Rs.10,00,000/ Anktia with - be kept in 40 Dubey proportionate FDRs from 1st interest be to 40th month released in in the name of MACT Claims petitioner SB Account Ankita Dubey with MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 21 of 25 cumulative interest.
2. Sh. Father Rs.1,00,000/- Rs.1,00,000/- Nil Dhruvna with rayan proportionate interest be released in MACT Claims SB Account
3. Smt. Mother Rs.3,00,000/- Rs.3,00,000/- Nil Saroj with Devi proportionate interest be released in MACT Claims SB Account
4. Shaurya Minor Rs.10,00,000/- Nil Entire amount Dubey Son be kept in FDR to be released to petitioner upon attaining the age of majority.
Total Rs.36,50,000/- Rs.16,50,000/-
53. In the instant case, (a) Savings Bank Account No.43543424376 in the name of Smt. Ankita Dubey; (b) Savings Bank Account No.43543020225 in the name of Smt. Saroj Devi;
(c) Savings Bank Account No.43543401585 in the name of Sh. Dhruv Narayan AND (d) Savings Bank Account No.43543466633 in the name of Shaurya Dubey have been opened in SBI, District Courts Complex, Dwarka, Sector-10, New Delhi (IFSC Code: SBIN0011566).
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54. Accordingly, Manager, SBI, District Courts Complex, Dwarka, Sector-10, New Delhi is directed to transfer (a) Rs.12,50,000/- with proportionate interest in MACT SB Account of Petitioner Smt. Ankita Dubey; (b) Rs.1,00,000/- with proportionate interest in MACT SB Account of Petitioner Sh. Dhruv Narayan; (c) Rs.3,00,000/- with proportionate interest in MACT SB Account of Petitioner Smt. Saroj Devi.
Balance Rs.10,00,000/- with proportionate interest be kept in FDRs to be released in the account of petitioner Smt. Ankita Dubey in terms of MACAD Scheme formulated by Hon'ble High Court of Delhi vide order dated 01.05.2018 and 07.12.2018 in FAO No.842/2013 AND similarly Rs.10,00,000/- with proportionate interest be kept in FDR to be released in S.B. Account No.43543466633 of Petitioner Shaurya Dubey upon attaining the age of majority.
55. Manager of the bank where claimants are having their MACT-SB Account (hereinafter referred as the 'petitioner's bank') are directed to release the abovesaid amount to claimants.
All original FDRs shall be retained by the concerned bank, however, statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioners Smt. Ankita Dubey and Shaurya Dubey. Manager of the concerned bank is directed NOT to permit premature encashment or loan against FDRs in the name of petitioners Smt. Ankita Dubey and Shaurya Dubey without prior permission of the Court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit/transfer of interest amount in MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 23 of 25 aforesaid SB Account of petitioners Smt. Ankita Dubey and Shaurya Dubey.
The above-said petitioner's bank is also directed not to issue any cheque book and/or debit card to the petitioner and if the same has already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioners Smt. Ankita Dubey and Shaurya Dubey.
The above-said bank shall permit petitioners Smt. Ankita Dubey and Shaurya Dubey to withdraw money from the above- said SB Account by means of withdrawal form.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid SB Account of petitioners Smt. Ankita Dubey and Shaurya Dubey.
56. Respondents R1/Amit Kumar Singh (driver) and R2/Smt. Asha Devi, Proprietor M/s Asha Enterprises (owner) shall inform claimants/counsel regarding award amount being transferred/deposited in MACT Account through registered post.
57. Copy of Award be sent to Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi for information/compliance.
58. Dasti copy of Award be given to Ld. Counsel for claimants and Ld. Counsel for R1/Amit Kumar Singh (driver) and R2/Smt. Asha Devi, Proprietor M/s Asha Enterprises (owner).
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 24 of 25
59. Ahlmad is directed to prepare separate miscellaneous file to be listed on 16.05.2025 for filing compliance report.
60. File be consigned to the record room.
Digitally signed by TARUN TARUN YOGESH
Announced in the open Court YOGESH Date:
on 05.04.2025 2025.04.08
17:07:04 +0530
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
MACT No.89/2019 Ankita Dubey & Ors. Vs. Amit Kumar Singh & Ors. Page No. 25 of 25