Delhi District Court
Nidhi Singh Pandey vs . Nitin Garg & Ors. on 5 December, 2019
IN THE COURT OF DR. HARDEEP KAUR
ADDITIONAL DISTRICT AND SESSIONS JUDGE
PO MACT(SE), SAKET COURTS: NEW DELHI
MACT No.4550/16
FIR No. 30/16
PS : Indrapuram
Nidhi Singh Pandey Vs. Nitin Garg & Ors.
U/s: 279/304A/337/338/427 IPC
CNR No.DLSE010025482016
COMPENSATION FOR GRIEVOUS INJURY TO NIDHI SINGH PANDEY
AGED ABOUT 30 YEARS, WITH 57% PERMANENT PHYSICAL
IMPAIRMENT IN RELATION TO HER RIGHT UPPER LIMB & RIGHT
LOWER LIMB
1. Nidhi Singh Pandey
W/o Late Aman Pandey
R/o C5, Suraksha Appartment
Indira Puram, Abhay Khand
Ghaziabad, Uttar Pradesh.
Permanent R/o Plot no. 4,
Shiv Vihar, Pankey Road, Kalyanpur
District Kanpur, Uttar Pradesh.
.......Claimant/petitioner
VERSUS
1. Nitin Garg
S/o Ashok Kumar Garg
R/o D63A, Patel NagarII, Ghaziabad
Uttar Pradesh
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 1 of 21
...Driver/respondent No.1
2. Pushpa Gupta W/o Sh. Ashok Gupta R/o D63A, Patel NagarII, Ghaziabad Uttar Pradesh ...Owner/respondent No.2
3. United India Insurance Company Limited 1770, Gali no. 7, 1st Floor, Govindpuri, Kalkaji, New Delhi.
..Insurance Company/Respondent No. 3
.....Respondents
Date of accident : 01.01.2016
Date of filing petition : 18.04.2016
Date of Decision : 05.12.2019
AWARD
1. Claim petitions, where no serious question of law or fact are involved can be disposed off by short orders. Negligence on the part of respondent no.1 is to be proved on the basis of preponderance of probability, quantum of compensation is to be determined and in case the insurance company has raised any defence the liability to pay compensation is to be fixed.
2. Brief facts of the case are that on 01.01.2016, at about 01.00 pm, petitioner along with her husband Aman Pandey was going to Hastnapur, District Meerut from their house by motorcycle no. UP 14CC MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 2 of 21 5136 which was being driven by her husband. The brother in law of petitioner namely Aakash Pandey and his one friend were also following them in another motorcycle at some distance. When they reached near Vashundhara Police Chowki, Hind Nahar Road, PS Indirapuram, Distt. Ghaziabad, all of a sudden Respondent no.1 while driving car bearing no. UP 14BR 4000 at a very rash and negligent manner hit the middle portion of the motorcycle of petitioner from the front portion of her car with great force. As a result of which petitioner and her husband fell down on the road and sustained grievous injuries.
3. Thereafter, the police PCR took the injured to Awantika Hospital where she was given treatment for her injuries and on the same day she was taken to Ganga Ram Hospital where she was hospitalized from 01.01.2016 to 22.01.2016.
4. As per Discharge summary, injured suffered grievous injury. Later on Medical Board of Pt. Madan Mohan Malviya Hospital, Malviya Nagar, New Delhi examined injured and sent disability report dated 13.12.2017 noticing 57% permanent physical impairment in relation to her right upper limb and right lower limb.
5. The police after investigation in FIR No. 30/16 PS Indirapuram, filed charge sheet against respondent No. 1 under Section 279/304A/337/338/427 IPC.
6. In response to the present claim petition, respondent No. 1 and respondent No. 2 appeared in the court and filed their Written Statement MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 3 of 21 stating that the present petition is not maintainable as accident did not take place due to the negligence of answering respondent no.1.
7. In response to the claim petition Insurance Company filed Written Statement stating that the accident did not take place due to the negligence of driver of offending vehicle rather it was deceased himself who was driving motorcycle bearing no. UP 14CC 5136 in rash and negligent manner. It is further stated that vehicle bearing no. UP 14BR 4000 was insured with the answering respondent vide policy no. 0423813115P110847986 for the period 15.12.2015 to 14.12.2016 in the name of Pushpa Gupta. (in connected matter MACT no. 4549/16)
8. From the pleadings of parties, the following issues were framed on 24.03.2017 by the Ld. Predecessor of this Tribunal:
1. Whether the injured Nidhi Singh suffered injuries in a road traffic accident on 01.01.2016 with vehicle bearing registration no.
UP 14BR 4000 being driven by R1, owned by R2 and insured with R3? OPP
2. Whether the petitioner is entitled to any compensation, if so, to what extent and from whom ? OPP.
3. Relief.
9. The petitioner Nidhi Singh Pandey examined herself as PW1.
She tendered her evidence by way of affidavit Ex.PW1/A and relied upon the documents i.e. original discharge summary dated 01.01.2016 as Ex.PW1/1, receipt showing payment of Rs.13,300/ in Avantika Hospital as Ex.PW1/2, copy of bill dated 01.01.2016 of Avantika MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 4 of 21 Hospital for Rs. 13,300/ as Mark P1, Copy of discharge summary dated 22.01.2016 as Mark P2, copy of bill dated 22.01.2016, of Ganga Ram Hospital, New Delhi for Rs. 8,18,188/ out of which Rs. 3 lakhs were paid by TPA Medi Assist Share as Mark P3, Original medical bills totaling to Rs. 518188/, original discharge summary dated 13.03.2016 of Sir Ganga Ram Hospital as Ex.PW1/4, Copy of bill dated 17.03.2016 of Rs. 1,16,789/ as Mark P4, Ex.PW1/5 is already a part of Ex.PW2/2, Discharge summary dated 20.10.2016 Ex.PW1/6, Ex.PW1/7 is already part of Ex.PW2/3, her discharge summary dated 09.09.2017 as Ex.PW1/8, Ex.PW1/9 is already part of Ex.PW2/4, original medical bills worth Rs. 99,181.12/, receipts totalling to Rs. 17,000/ for taking on rent a CPM Machine as Ex.PW1/11, bill for Rs. 4,590/ for medicines as Ex.PW1/12, medical bills for Rs. 27,407/ as Ex.PW1/14, medical bills for Rs. 2,73,000/ towards physiotherapy as Ex.PW1/14, disability certificate as Ex.PW1/15, educational qualification documents consisting of B.Ed Mark Sheet, BA 3rd Year Mark Sheet, 10th and 12th Certificate and Mark Sheet, copy of her Aadhar Card as ExPW1/17 and certified copy of charge sheet as Ex.PW1/18.
10. During her evidence by way of affidavit, PW1 deposed that on 01.01.2016, at about 01.00 pm, she along with her husband Aman Pandey was going to Hastnapur, District Meerut from their house by motorcycle no. UP 14CC 5136 which was being driven by her husband. The brother in law of petitioner namely Aakash Pandey and his one friend were also following them in another motorcycle at some distance. When they reached near Vashundhara Police Chowki, Hind Nahar Road, PS Indirapuram, Distt. Ghaziabad, all of a sudden Respondent MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 5 of 21 no.1 while driving car bearing no. UP 14BR 4000 at a very rash and negligent manner hit the middle portion of the motorcycle of petitioner from the front portion of her car with great force. As a result of which she and her husband fell down on the road and sustained grievous injuries.
11. During cross examination witness deposed that she has received Rs. 10 lakhs towards Accidental Insurance Policy. She further deposed that there was no central verge on the road on which the accident took place. She denied the suggestion that offending vehicle was moving in the lawful and right direction at normal speed.
12. Petitioner has also examined Sh. Pradeep Singh, UDC, Sir Ganga Ram Hospital Rajinder Nagar, Delhi as PW2. Who deposed before this Tribunal that Ms. Nidhi Singh was admitted in their hospital four times. The first hospitalization was from 01.01.2016 to 22.01.2016 for which bill of Rs. 8,18,188/ was raised and out of this amount, a sum of Rs. 3 lakhs were received by us from TPA Medi Assist and the Balance amount of Rs 5,18,188/ was paid by the patient. Second hospitalization was from 13.03.2016 to 17.03.2016 for which bill of Rs. 116789/ was raised. The third hospitalization was for 20.10.2016 for which bill of Rs. 26087/ was raised. Duplicate bill to that effect is Ex.PW2/3. The fourth hospitalization was from 06.09.2017 to 09.09.2017 for which bill of Rs. 110196/ was raised. Duplicate bill to that effect is Ex.PW2/4. Another duplicate bill dated 01.01.2016 for Rs. 4,790/ for laboratory tests is Ex.PW2/5.
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 6 of 21
13. Petitioner also examined Ms. Sayeed Maiuddin, Billing Clerk, Avantika Hospital as PW3. Who had brought the summoned record regarding treatment of Nidhi Singh Pandey on 01.01.2016. The documents are exhibited as Ex.PW3/1.
14. Petitioner has also examined Dr. Arvind Kumar, Consultant Physical Medicine and Rehabilitation as PW4. During cross examination PW4 deposed that he had examined the injured Nidhi Singh but he did not give any written prescriptions. He gave her physiotherapy on the prescription of Dr. Manish Dhawan of Sir Ganga Ram Hospital.
15. No other evidence was led on behalf of petitioners.
16. No evidence was led on behalf of respondents.
17. This Tribunal has heard the arguments advanced by ld. counsel for the parties and perused the record. Written Submissions in form VIB filed on behalf of petitioner as well as insurance company. Issuewise findings are as under :
ISSUE NO. 118. In the MACT cases, petitioners are required to prove the rash and negligent driving by the driver of the offending vehicle. In this case, injured as well as eyewitness to the accident i.e. PW1 Nidhi Pandey has deposed regarding the manner of accident and deposed that accident occurred due to negligence of driver of offending vehicle. On the MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 7 of 21 contrary, no evidence has been led by the respondent no.1. In Cholamandlam Insurance Company Ltd. vs. Kamlesh 2009 (3) AD Delhi 310, it was held that if driver of offending vehicle does not enter the witness box, an adverse inference can be drawn against him.
19. Chargesheet u/s 279/304A/337/338/427 IPC was filed against respondent No. 1. Certified copy of which is filed on record. In National Insurance Co. Vs. Pushpa Rana 2009 ACJ 287 Delhi, it was laid down that completion of investigation and filing of charge sheet u/s 279/304A IPC are sufficient proof of negligence of the driver of the offending vehicle.
20. It is well settled that the proceedings before the Claims Tribunal are in the nature of inquiry and the finding of rash and negligent driving by driver of the offending vehicle is to be returned only at the touch stone of preponderance of probabilities. The factors noted above are sufficient to conclude that preponderance of probability is made out showing negligence of respondent no.1 in causing the accident.
21. In view of the evidence adduced by claimant, coupled with chargesheet against R1, issue no.1 is decided accordingly, in favour of the Petitioner.
ISSUE NO. 2 Sl. Pecuniary loss : Quantum
no.
1. (I) Expenditure on treatment : As per Rs. 10,69,455/
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 8 of 21
Ex.PW1/2,Ex.PW1/3, Mark P4,
Ex.PW1/10, Ex.PW1/11, Ex.PW1/12,
Ex.PW1/13, & Ex.PW1/14, there are
medical bills worth Rs. 1069455/.
(ii) Expenditure on Conveyance : There Rs. 10,000/
is no prescription for conveyance. The nature of injuries are 57 % permanent physical impairment in relation to her right upper limb and right lower limb'. By guess work, compensation can be awarded for special diet.
(iii) Expenditure on special diet : There Rs. 25,000/ is no prescription for special diet. The nature of injuries are 57 % permanent physical impairment in relation to her right upper limb and right lower limb'. By guess work, compensation can be awarded for special diet.
(iv) Cost of nursing / attendant : Even Rs. 25,000/ in the absence of documentary proof, compensation for attendant's charges is to be given even if services were rendered by family members.
(v) Loss of income : The claimant has Rs. 50382/ stated that she was rendering services as a home maker/ housewife. As the injured was housewife, her income will be assessed on the basis of minimum wages at the time of accident which is Rs.
8,397/ per month (Reliance General Insurance Co. Ltd. Vs. Murgan & Ors.
MAC. App. 1177/2014 and CM Appl.
21175/2014 decided on 25.02.16). She has suffered 57% permanent disability in the accident. Keeping in view the nature of injury sustained by the claimant, she is awarded Rs. 8397 x 6 = Rs. 50,382/ as loss of wages.
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 9 of 21
(vi) Cost of artificial limb (if applicable) Not Applicable :
(vii) Any other loss / expenditure : Not applicable
2. NonPecuniary Loss :
(I) Compensation of mental and Rs. 1,00,000/ physical shock : As the claimant has suffered '57% permanent physical impairment in relation to her right upper limb and right lower limb', she would have undergone mental and physical shock.
(ii) Pain and suffering : Compensation Rs. 1,00,000/ for pain and suffering is to be awarded keeping in mind the nature of injuries suffered by the claimant.
(iii) Loss of amenities of life : The Rs.1,00,000/ claimant has suffered 57% permanent physical impairment in relation to her right upper limb and right lower limb.
(iv) Disfiguration : The claimant has Rs. 1,00,000/ suffered 57 % permanent physical impairment in relation to her right upper limb and right lower limb.
(v) Loss of marriage prospects : Nil Petitioner is already married.
(vi) Loss of earnings, inconvenience, Already covered above hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc.
3. Disability resulting in loss of earning capacity (I) Percentage of disability assessed The claimant has and nature of disability as permanent suffered 57 % or temporary permanent physical impairment in relation to her right upper limb and right lower limb.
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 10 of 21
(ii) Loss of amenities or loss of Already covered expectation of life span on account of disability : The claimant has suffered 57% permanent physical impairment in relation to her right upper limb and right lower limb.
(iii) Percentage of loss of earning 30 % capacity in relation to disability:
Claimant has suffered grievous injury in the accident which led to 57 % permanent physical impairment in relation to her right upper limb and right lower limb.
In Raj Kumar Vs. Ajay Kumar 2011 (1) SCC 343 the Hon'ble Supreme Court laid down a three step approach to decide compensation for the injured persons who have suffered permanent disability as under:
i) Tribunal should see as to what the injured can do inspite of permanent disability and what the injured cannot do.
ii) Tribunal should see the age of the injured and what the injured used to do before the accident.
iii) Tribunal should see if claimant is totally disabled from earning any kind of livelihood or whether he can carry out that activity which he was doing earlier or if he could do some other kind of activity to earn her livelihood.
In the present case, injured has stated that she was housewife at the time of accident. Injured has suffered 57% permanent physical impairment in relation to her right upper limb and right lower limb. Due to accident, her working capacity has been reduced. In the MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 11 of 21 circumstances, her functional disability is treated as 30 %.
(iv) Loss of future Income: In the 30% of (8,397x 12) x 17 absence of any proof of nature of job =5,13,896/. the disablement is taken as 30 %.
Injured was 30 years old at the time of accident, hence multiplier of 17 is applied.
Total Compensation Rs. 20,93,733/
Interest 9% p.a. from the date of
filing of petition i.e.
18.04.2016 till
realization
LIABILITY
22. Since there is no statutory defence, therefore, the compensation will be payable by the insurance company of offending vehicle with interest @ 9% from the date of filing of petition i.e. 18.04.2016 till realization which comes out Rs. 20,93,733/ + Rs. 6,82,500/ = Rs. 27,76,233/.
23. The award amount shall be deposited with State Bank of India, Saket Court Branch, New Delhi by way of RTGS/NEFT/IMPS in account of MACT FUND PARKING, A/c No. 35195787436, IFS Code SBIN0014244 and MICR code 110002342 under intimation to the Nazir along with calculation of interest and to the Counsel for the claimant. Insurance company shall also furnish TDS certificate, if any to the claimant.
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 12 of 21 MODE OF DISBURSEMENT OF THE AWARD AMOUNT TO THE CLAIMANTS AS PER THE PROVISIONS OF THE 'MODIFIED CLAIM TRIBUNAL AGREED PROCEDURE' (MCTAP).
24. This court is in receipt of the orders dated 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO no. 842/2003 titled as Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors whereby the Hon'ble High Court of Delhi has formulated MACAD(Motor Accident Claims Annunity Deposit Scheme) which has been made effective from 01.01.2019. The said orders dated 07.12.2018 also mentions that 21 banks including State Bank of India is one of such banks which are to adhere to MACAD. The State Bank of India, Saket Courts, Delhi is directed to disburse the amount in accordance with MACAD formulated by the Hon'ble High Court of Delhi.
25. Keeping in view the entirety of the facts and circumstances involved in the present case and the abovesaid guidelines laid down by the Hon'ble High Court of Delhi, the respondent no.3 is directed to deposit the amount of Rs. 27,76,233/ as stated herein above with SBI, Saket Courts, Delhi out of which Rs. 25,00,000/ shall be kept in 100 FDRs of Rs. 25,000/ on a monthly basis with cumulative interest. Remaining amount of Rs. 2,76,233/ be released to the petitioner in her bank account.
26. The following conditions are to be adhered to by SBI, Saket Courts, Delhi with respect to the fixed deposits: MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 13 of 21
(a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant(s) i.e. the savings bank account(s) of the claimant(s) shall be an individual savings bank account(s) and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant(s) near the place of their residence.
(d) The maturity amounts of the FDR(s) be credited by Electronic Clearing System (ECS) in the savings bank account of the claimant (s) near the place of their residence.
(e) No loan, advance, withdrawal or premature discharge be allowed on the fixed deposits without permission of the Court.
(f) The concerned bank shall not be issue any cheque book and/or debit card to claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card
(s) freeze the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank.
(g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court and claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance.
(h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbook(s) of the claimant(s) is sufficient compliance of clause (g) above.
27. In accordance with the orders dated 08.02.2019 passed by the Hon'ble High Court of Delhi in FAO no. 842/2003 in Rajesh Tyagi and others Vs. Jaibir Singh and others, Mr. Rajan Singh, Assistant General Manager has been appointed as Nodal Officer of SBI having Phone no. 02222741336/9414048606 and e mail ID [email protected]. In case MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 14 of 21 of any assistance or non compliance, the aforesaid Nodal Officer may be contacted to. A copy of this order be sent by email to the aforesaid Nodal Officer of the aforesaid bank by the Ahlmad of the Court immediately in accordance with the directions of the Hon'ble High Court as contained in the orders dated 07.12.2018. The Nodal Officer of the bank shall ensure the disbursement of the award amount within three weeks of the receipt of the email as mentioned in the orders dated 07.12.2018 passed by the Hon'ble High Court of Delhi.
DIRECTIONS TO THE PETITIONERS:
28. Petitioners shall get opened their bank accounts in a bank near their place of residence and shall place on record a copy of the said passbook with bank endorsement on it that the said account has been opened without cheque book and ATM card facility. The petitioners shall furnish information regarding the address of the bank/branch where the account has been opened as also the IFS code and MICR Code of the said branch. The petitioner shall also file their two photographs each, attested signatures, aadhar card and PAN card so as to facilitate the State Bank of India, Saket Court Branch to transfer the respective share of each petitioner in the said bank account. This order be complied with by the petitioners within two weeks from today.
FORM - IVB SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD.
1 Date of accident 01.01.2016 MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 15 of 21 2 Name of injured Nidhi Pandey 3 Age of the injured 30 years 4 Occupation of the Not proved injured 5 Income of the injured Rs. 8,397/ per month (minimum wages in Uttar Pradesh for unskilled person on the date of accident 6 Nature injury Grievous 7 Medical treatment Hospitalization taken by the injured:
Period of (1) 01.01.2016 to 22.01.2016, Hospitalization 13.03.2016 to 17.03.2016, 20.10.2016 to same day, 06.09.2017 to 09.09.2019, 20.09.2017 to 05.10.2017 and 06.10.2017 to 20.10.2017 Sir Ganga Ram Hospital 9 Whether any 57 % permanent physical impairment in permanent disability? relation to her right lower limb and right upper limb COMPUTATION OF COMPENSATION S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(I) Expenditure on treatment Rs 10,69,455/
(ii) Expenditure on conveyance Rs 10,000/ MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 16 of 21
(iii) Expenditure on special diet Rs 25,000/
(iv) Cost of nursing / attendant Rs 25,000/
(v) Loss of earning capacity See 13 (iii) & (iv)
(vi) Loss of income Rs. 50,382/
(vii) Any other loss which may NIL require any special treatment or aid to the injured for the rest of her life.
12 NonPecuniary Loss:
(i) Compensation for mental and Rs 1,00,000/ physical shock
(ii) Pain and suffering Rs.1,00,000/
(iii) Loss of amenities of life Rs.1,00,000/
(iv) Disfiguration Rs.1,00,000/
(v) Loss of marriage prospects Nil
(vi) Loss of earning, inconvenience, NIL hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc. 13 Disability resulting in loss of earning capacity:
(i) Percentage of disability 57% permanent physical assessed and nature of impairment in relation to her disability as permanent or both lower limbs temporary
(ii) Loss of amenities or loss of Already covered expectation of life span on account of disability
(iii) Percentage of loss of earning 30 percent capacity in relation to disability
(iv) Loss of future income - (income Rs 5,13,896/ x percentage earning capacity x multiplier) 14 TOTAL COMPENSATION Rs. 20,93,733/ MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 17 of 21 15 INTEREST AWARDED 9% p.a. from the date of filing of petition i.e. 18.04.2016 16 Interest amount up to the date Rs. 6,82,500/ of award 17 Total amount including interest Rs.27,76,233/ 18 Award amount released Rs. 2,76,233/ 19 Award amount kept in FDRs Rs. 25,00,000/ 20 Mode of disbursement of the Rs. 25,00,000/ be kept in award amount to the claimant 100 FDRs of Rs. 25,000/
(s) (Clause 29) each on a monthly basis.
Cash release Balance amount of Rs.
2,76,233/ be released in her bank, details of which yet to be provided.
21 Next Date for compliance of the 15.01.2020 award. (Clause 31) Particulars of FormV are as under:
1. Date of the accident 01.01.2016
2. Date of intimation of the accident by the Accident took place Investigating Officer to the Claims Tribunal. outside of Delhi (Clause 2)
3. Date of intimation of the accident by the Accident took place Investigation Officer to the Insurance outside of Delhi Company. (Clause 2)
4. Date of filing of Report under Section 173 Accident took place Cr.P.C. before the Metropolitan Magistrate. outside of Delhi (Clause 10)
5. Date of filing of Detailed Accident Accident took place Information Report (DAR) by the outside of Delhi Investigating Officer before Claims Tribunal.
MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 18 of 21 (Clause 10)
6. Date of service of DAR on the Insurance Accident took place Company. (Clause 11) outside of Delhi
7. Date of service of DAR on the claimant(s). Accident took place (Clause 11) outside of Delhi
8. Whether DAR was complete in all respects? Accident took place (Clause 16) outside of Delhi
9. If not, state deficiencies in the DAR Accident took place outside of Delhi
10. Whether the police has verified the Accident took place documents filed with DAR? (Clause 4) outside of Delhi
11. Whether there was any delay or deficiency Accident took place on the part of the Investigating Officer? If so, outside of Delhi whether any action / direction warranted.
12. Date of appointment of the Designated NA Officer by the Insurance Company.
(Clause19)
13. Name, address and contact number of the NA Designated Officer of the Insurance Company. (Clause 19)
14. Whether the Designated Officer of the NA Insurance Company submitted his report within 30 days of the DAR? (Clause 21)
15. Whether the Insurance Company admitted No the liability?, if so, whether the Designated Officer of the Insurance Company fairly computed the compensation in accordance with law (Clause 92).
16. Whether, there was any delay or deficiency NA on the part of the Designated Officer of the Insurance Company? If so, whether any action / direction warranted?
17. Date of response of the claimants to the Not applicable offer of the Insurance Company. (Clause 23)
18. Date of award. 05.12.2019 MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 19 of 21
19. Whether the award was passed with the No consent of the parties? (Clause 22)
20. Whether the claimant (s) were directed to Yes open savings bank account (s) near their place of residence? (Clause18)
21. Date of order by which claimant (s) were 01.02.2018 directed to open saving bank account (s) near his place of residence and produce PAN Card and Aadhar Card and the direction to the bank not to issue any cheque book / debit card to the claimant (s) and make an endorsement to this effect on the passbook (s) (Clause18 ).
22. Date on which the claimant (s) produced the passbook of their saving bank account near the place of their residence, along with the Not produced yet endorsement, PAN Card and Aadhar Card.
(Clause 18)
23. Permanent residential address of the C5, Suraksha claimant (s)? (Clause 27) Appartment Indira Puram, Abhay KhandGhaziabad ,Uttar Pradesh.
Permanent R/o Plat no. 4, Shiv Vihar, Pankey Road, Kalyanpu District Kanpur, Uttar Pradesh.
24. Details of saving bank account (s) of the Not produced yet claimant (s) and the address of the bank with IFS Code. (Clause 27)
25. Whether the claimant (s) saving bank Not known account (s) is near his place of residence? (Clause 27)
26. Whether the claimant (s) were examined at Yes MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 20 of 21 the time of passing of the award to ascertain his / their financial condition? (Clause 27)
27. Account Number, MICR Number, IFS Code, State Bank of India, Name and Branch of the Bank of the Claims Saket Court Tribunal in which the award amount is to be A/C No. 35195787436 deposited/transferred. IFS Code SBIN0014244 MICR No.110002342
29. Copy of this award be given to the parties free of cost. The copy of award be also sent to the DLSA and Ld. Metropolitan Magistrate.
Digitally signed by DR
30. Put up on 15.01.2020 for compliance. DR HARDEEP KAUR HARDEEP Date:
KAUR 2019.12.12
(Typed to the dictation directly, 15:22:09
+0530
corrected and pronounced
in the open court on 05.12.2019) Dr. Hardeep Kaur)
POMACT/(South East District) Saket, New Delhi MACT No. 4550/16 Nidhi Singh Pandey Vs. Nitin Garg & Ors. Page No. 21 of 21