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[Cites 9, Cited by 0]

Delhi District Court

Krishan Gupta vs . Mohit & Ors. on 23 September, 2019

               IN THE COURT OF DR. HARDEEP KAUR
           ADDITIONAL DISTRICT AND SESSIONS JUDGE
     PO MACT, SOUTH EAST DISTRICT, SAKET COURTS: NEW DELHI

                                                                  MACT No. 3903/16
                                                                 Old Suit no. 129/14
                                                                      FIR No. 195/13
                                                                  PS : Lodhi Colony
                                                                U/s 279/337/338 IPC
                                                       CNR no. DLSE01­001404­2014
                                                      Krishan Gupta Vs. Mohit & Ors.

Compensation case regarding grievous injury to Krishan Gupta 23 years
                                old

       Krishan Gupta
       S/o Sh. Ashok Gupta
       R/o 129, BH Block, Shalimar Bagh
       Delhi

                                                                       .....Petitioner


                                          Versus

    1. Mohit Arora
       S/o Sh. Madan Lal
       R/o 42, Avtar Enclave, Paschim Vihar,
       1884­86, Uday Chand Marg, New Delhi


                                          .....Driver cum owner/ respondent No. 1

    2. Reliance Gen. Ins. Co. Ltd.
       plot no. 60, Okhla Ind. Estate­II
       Okhla Phase­III, New Delhi­02.

                        ........................Insurance Company/respondent no. 2


                                                                     ...Respondents

MACT No.3903/16             Krishan Gupta Vs Mohit Arora & Ors.            Page No. 1/19
                   Date of accident            :        22.11.2013
                  Date of filing of DAR       :        24.01.2014
                  Date of Decision            :        23.09.2019

                                              AWARD


    1.            DAR where no serious question of law or fact are involved can be
         disposed of by short order. 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 is that on 22.11.2013, petitioner Krishan
         Gupta along with Mr. Yatin Gupta and Deepak Gupta were going
         towards Malviya Nagar from Chawri Bazar in their WagonR Car bearing
         no. DL 8CAW 8805 which was driven by Mr. Yatin Gupta. At about
         11.00 pm, when they reached near Sai Baba Mandir Red Light on Lodhi
         Road, all of sudden, offending car bearing no. DL 4CNE 7736 which was
         coming from the side of Madrasa and going towards Nizamuddin and
         driving by respondent Mohit Arora in rash and negligent manner hit the
         car of petitioner due to which the car of petitioner turned turtle thereby
         causing grievous injuries to petitioner. The public persons had removed
         the injured to Trauma Center.


    3.            As per Ex.CW2/1, petitioner Krishan was examined by the
         Disability Medical Board for Neurological disability at IHBAS on
         30.07.2018. As per report, it is a case of significant personality change



MACT No.3903/16                 Krishan Gupta Vs Mohit Arora & Ors.      Page No. 2/19
          following head injury due to Road Traffic Accident on 22.11.2013. On
         evaluation of psychiatric disability with Indian Disability Evaluation and
         Assessment Scale, he has scored 12/20, showing 40­70% of disability
         which is not likely to improve.


    4.            After investigation, in FIR No. 195/13 registered at PS­ Lodhi
         Colony police filed charge sheet under Section 279/337/338 IPC against
         respondent No. 1. DAR was also filed by the IO before this Tribunal.


    5.            In response to the DAR, reply filed on behalf of driver cum owner
         namely Mr. Mohit Arora stating that no accident has been caused due to
         his negligence and the cause of action lay entirely with the claimant no.
         1.


    6.            In response to DAR, legal offer has been filed by Insurance
         Company which was not accepted by injured/petitioner, and thereafter
         the matter proceeded further.


    7.            Following issues were framed on 15.03.2014 by Predecessor of
         this Tribunal:


              1. Whether the injured Krishan Gupta sustained grievous
                 injuries on account of rash and negligent driving of R­1 of car
                 bearing no. DL 4CNE 7736 driven and owned by R­1? OPP

              2. Whether the petitioner is entitled to any compensation, if so,
                 to what extent and from whom? OPP

              3. Relief.




MACT No.3903/16                 Krishan Gupta Vs Mohit Arora & Ors.      Page No. 3/19
     8.            Petitioner Krishan, stepped in the witness box as CW­1 and filed
          his evidence by way of affidavit (Ex.CW1/A). He relied upon copy of FIR
          Ex.CW1/1, site plan Ex.CW1/2, copy of insurance cover note Ex.CW1/3,
          mechanical inspection report of WagonR Car as Ex.CW1/4, mechanical
          inspection report of Etios Car as Ex.CW1/5, copy of MLC filed with DAR
          as Ex.CW1/6, AIIMS report as Ex.CW1//7, Trauma Center Report as
          Ex.CW1/8, copy of discharge summary of Trauma Center dated
          25.11.2013 as Ex.CW1/9, casualty note dt. 12.07.2013 as Ex.CW1/10,
          treatment record as Ex.CW1/11, AIIMS OPD cards as Ex.CW1/12 &
          Ex.CW1/13, Clinical reports as Ex.CW1/14 & Ex.CW1/15, CT scan bill
          as Ex.CW1/16, bill for admission charge as Ex.CW1/17, medical bills as
          Ex.CW1/18, DAR as Ex.CW1/19, Charge Sheet as Ex.CW1/20, medical
          bills as Ex.CW1/21, Salary Certificate as Ex.CW1/22.


    9.            In his evidence by way of affidavit injured deposed that on
          22.11.2013, he along with Yatin Gupta and Deepak Gupta were going
          towards Malviya Nagar from Chawri Bazar in their WagonR Car bearing
          no. DL 8CAW 8805 which was driven by Yatin Gupta. At about 11.00
          pm, when they reached near Sai Baba Mandir Red Light on Lodhi Road,
          all of sudden, offending car bearing no. DL 4CNE 7736 which was
          coming from the side of Madrasa and going towards Nizamuddin and
          driven by respondent Mohit Arora in rash and negligent manner hit the
          car of petitioner due to which the car of petitioner turned turtle thereby
          causing grievous injuries to petitioner. The public persons had removed
          the injured to Trauma Center.


    10.           In his cross­examination, injured deposed that he has not filed any
          evidence to prove his income. It is further deposed that he has re­joined


MACT No.3903/16                 Krishan Gupta Vs Mohit Arora & Ors.        Page No. 4/19
           his services five months before and at present his employer is giving him
          a salary of Rs. 8,000/­. It is denied that accident was caused due to the
          negligence of Yatin Gupta.


    11.           Dr. Vijender Singh has been examined as CW­2. Who had
          brought the summoned record (Ex.CW2/1) and as per the report, the
          disability can be roughly taken as 60%.


    12.           No other witness was examined on behalf of petitioner.


    13.           No witness was examined on behalf of respondents.


    14.           Arguments were addressed by learned counsel for the petitioner
          as well as counsel for insurance company. Written submissions has also
          been filed on behalf of petitioner as well as insurance company in form
          VIB.


    15.           On the basis of pleadings of the parties, evidence adduced and
          arguments addressed, issue­wise findings are as under:­


                                              Issue No.1
    16.           Negligence in a compensation case before Claims Tribunal is to
          be proved by preponderance of probability and the test is not as strict as
          in a criminal case.


    17.           In this case, injured while appearing into witness box as PW1
          made statement and narrated the mode and manner of the accident. He
          deposed that accident occurred due to rash and negligent driving of


MACT No.3903/16                 Krishan Gupta Vs Mohit Arora & Ors.        Page No. 5/19
           driver of offending vehicle. In contrary, no evidence has been led on
          behalf of respondents. In Cholamandlam Insurance Company Ltd.
          vs. Kamlesh 2009 (3) AD­Delhi 310, it was held that if driver of
          offending vehicle does not enter the witness box, an adverse inference
          can be drawn against him. In the present case also, driver did not enter
          into the witness box to controvert the claim of injured or even to explain
          circumstances of accident.


    18.           Police   after    investigation         had      filed   charge­sheet   against
          respondents under section 279/337/338 of IPC which is also suggestive
          of negligence of respondent in causing the accident. The IO has filed
          Detailed Accident Report before this Tribunal. In National Insurance
          Co. Vs. Pushpa Rana 2009 ACJ 287 Delhi, it was laid down that
          completion of investigation and filing of chargesheet u/s 279/304A IPC
          are sufficient proof of negligence of the driver of the offending vehicle.


    19.           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.


    20.           In view of the evidence adduced by petitioner, coupled with DAR
          and charge­sheet against R1, the issue No. 1 is decided accordingly, in
          favour of the petitioner.




MACT No.3903/16                    Krishan Gupta Vs Mohit Arora & Ors.                Page No. 6/19
                                      Issue no. 2



   Sl. Pecuniary loss : ­                                         Quantum
   no
   .

1. (I) Expenditure on treatment : As per Rs. 7,000/­ Ex.CW1/16, Ex.CW1/17, Ex.CW1/18 and Ex.CW1/21, there are medical bills worth Rs. 7,000/­ on record. Thus, petitioner is awarded a sum of Rs. 7,000/­ under this head.

(ii) Expenditure on Conveyance : The Rs. 50,000/­ petitioner has not filed any bill for conveyance. However, as per Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve. By guess work, compensation can be awarded for conveyance.

(iii) Expenditure on special diet : The Rs.50,000/­ petitioner has not filed any bill for conveyance. As per Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 7/19 Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve. By guess work, compensation can be awarded for special diet.

(iv) Cost of nursing / attendant : As per Rs.50,000/­ Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve. Even 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 : In his evidence by Rs. 48,516/­ way of affidavit Ex.CW1/A, petitioner stated that he was working with a private firm as marketing head and was drawing a salary of Rs. 37,000 including commission. However, he deposed in his cross examination that he has not filed any record to prove his income or employment. In such circumstances, his income will be assessed as per minimum wages applicable in Delhi for an unskilled person at the time of accident which is Rs. 8,086/­. Considering the medical documents and nature of injury, petitioner is awarded Rs. 48,516/­ (6 months wages).

(vi) Cost of artificial limb : Not applicable

(vii) Any other loss / expenditure : Not applicable MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 8/19

2. Non­Pecuniary Loss :

(I) Compensation of mental and physical Rs. 1,50,000/­ shock : As per Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve
(ii) Pain and suffering : Compensation for Rs.1,50,000/­ pain and suffering is to be awarded keeping in mind the nature of injuries suffered by the claimant.
(iii)Loss of amenities of life :As per Rs.1,00,000/­ Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve y.
         (iv)Disfiguration:                                                              Nil.
         (v) Loss of marriage               prospects          :            Rs. 1,00,000/­
         Petitioner is unmarried.
         (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 MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 9/19 capacity (I) Percentage of disability assessed As per Ex.CW2/1, and nature of disability as permanent or petitioner Krishan was temporary examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­ 70% of disability which is not likely to improve.

(ii) Loss of amenities or loss of Already covered expectation of life span on account of disability :

(iii) Percentage of loss of earning 60% capacity in relation to disability:
As per Ex.CW2/1, petitioner Krishan was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve. Having regard to the nature of work performed by injured before the accident his future income is directly affected due to this physical disability. During Petitioner's Evidence, Dr. MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 10/19 Vijender Singh, Psychiatric, IHBAS examined himself as CW2 and he made opinion that disability can be roughly taken as 60% in this case.
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 his livelihood.

Since the nature of disability is neurological, hence, his disability of 60% will be treated as functional disability to the extent of 60% of the whole body.

(iv) Loss of future Income: As per (60% of 97032/­) x 18 Ex.CW2/1, petitioner Krishan was examined = Rs. 10,47,942/­ by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve. But as per Doctor's opinion his functional disability will be MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 11/19 assessed as 60%.

The income of claimant on the date of accident was Rs.8,086/­ per month or Rs. 97,032/­ per annum. Petitioner being aged around 23 years at the time of accident (as per Aadhar Card), multiplier of 18 is applicable.

In view of the recent judgment of the Hon'ble High Court in United India Insurance Vs. Pappu Deo in MACA No. 520/16 decided on 13.09.2018, no future prospects are awarded.

Total Compensation Rs 17,53,458/­ Interest 9% p.a. from the date of filing of DAR which is 24.01.2014 till realization Liability :­

21. 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 DAR i.e. 24.01.2014 till actual realization which comes to Rs. 17,53,458/­ + Rs. 8,92,390/­ = Rs. 26,45,848/­.

22. 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.

Apportionment:­

23. The petitioner is awarded a sum of Rs. 26,45,848/­ including interest @ 9% per annum from the date of filing of DAR i.e. 24.01.2014 till realization.

MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 12/19

Considering the financial needs, Rs. 24,00,000/­ be kept in 48 FDRs of Rs. 50,000/­ each for a period of 6 months, 12 months, 18 months and so on till 288 months. The maturity value of FDRs be also released by SBI, Saket to the bank account of petitioner as and when the FDRs mature from time to time. Balance amount of Rs. 2,45,848/­ be immediately released to his bank account.

24. The following directions are also given to the transferee bank for compliance:

(a) The Bank shall not permit any joint name (s) to be added in the savings bank account or fixed deposit accounts of victim i.e. the savings bank account(s) of the claimant(s) shall be 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 or withdrawal or pre­mature discharge be allowed on the fixed deposits without permission of the Court.

(f) The concerned bank shall not issue any cheque book and/ or debit card to MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 13/19 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 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 passbo ok 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.

FORM - IV­B SUMMARY OF COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD.

1 Date of accident 22.11.2013 2 Name of injured Krishan Gupta 3 Age of the injured 23 years at the time of accident 4 Occupation of the injured Not proved 5 Income of the injured Rs. 8,086/­ (minimum wages applicable in Delhi at the time of accident) 6 Nature injury Grievous injuries / Disability 7 Medical treatment taken by the Hospitalization:

injured:
MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 14/19
JPNA Trauma Centre, AIIMS, New Delhi

8 Period of Hospitalization 1) From 22.11.2013 to 25.11.2013 JPNA Trauma Center.

9 Whether any permanent As per Ex.CW2/1, petitioner Krishan disability? was examined by the Disability Medical Board for Neurological disability at IHBAS on 30.07.2018. As per report, patient is a case of significant personality change following head injury due to Road Traffic Accident on 22.11.2013. On evaluation of psychiatric disability with Indian Disability Evaluation and Assessment Scale, he has scored 12/20, showing 40­70% of disability which is not likely to improve Computation of Compensation S. No. Heads Awarded by the Tribunal

1. Pecuniary Loss:

(i) Expenditure on treatment Rs. 7,000/­
(ii) Expenditure on conveyance Rs.50,000/­
(iii) Expenditure on special diet Rs.50,000/­
(iv) Cost of nursing / attendant Rs.50,000/­
(v) Loss of earning capacity See 13 (iii) and (iv)
(vi) Loss of income Rs. 48,516/­
(vii) Any other loss which may N. A. require any special treatment or aid to the injured for the rest of her life.
MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 15/19

2 Non­Pecuniary Loss:

(i) Compensation for mental and Rs. 1,50,000/­ physical shock
(ii) Pain and suffering Rs.1,50,000/­
(iii) Loss of amenities of life Rs.1,00,000/­
(iv) Disfiguration Nil.
       (v)        Loss of marriage prospects                               Rs. 1,00,000/­
       (vi)       Loss of earning, inconvenience,                       N. A.
                  hardships,        disappointment,
                  frustration,     mental    stress,
                  dejectment and unhappiness in
                  future life etc.
        3               Disability resulting in loss of earning capacity:
       (i)        Percentage     of    disability              60% permanent disability
                  assessed    and   nature     of
                  disability as permanent or
                  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%
capacity in relation to disability
(iv) Loss of future income­ (income Rs. 10,47,942/­ x percentage earning capacity x multiplier) 4 TOTAL COMPENSATION Rs. 17,53,458/­ 5 INTEREST AWARDED 9% 6 Interest amount up to the date Rs. 8,92,390/­ of award 7 Total amount including interest Rs.26,45,848/­ 8 Award amount released Rs. 2,45,848/­ 9 Award amount kept in FDRs Rs. 24,00,000/­ 10 Mode of disbursement of the Amount in FDR award amount to the claimant Rs 24,00,000/­ be kept in 48
(s) (Clause 29) FDRs of Rs 50,000/­ each for MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 16/19 a period of 6 months, 12 months, 18 months and so on till 288 months.

Amount released Balance amount of Rs.

2,45,848/­ be immediately released to her in her bank account near her place of residence.

11 Next Date for compliance of the 23.10.2019 award. (Clause 31) Particulars of Form­V are as under:­ Date of the accident 22.11.2013 Date of intimation of the accident by the Not mentioned Investigating Officer to the Claims Tribunal. (Clause 2) Date of intimation of the accident by the Not mentioned Investigation Officer to the Insurance Company. (Clause 2) Date of filing of Report under Section 173 Not mentioned Cr.P.C. before the Metropolitan Magistrate. (Clause 10) Date of filing of Detailed Accident Information 24.01.2014 Report (DAR) by the Investigating Officer before Claims Tribunal. (Clause 10) Date of service of DAR on the Insurance 24.01.2014 Company. (Clause 11) Date of service of DAR on the claimant(s). 24.01.2014 (Clause 11) Whether DAR was complete in all respects? Yes (Clause 16) If not, state deficiencies in the DAR Not applicable Whether the police has verified the Yes documents filed with DAR? (Clause 4) Whether there was any delay or deficiency Yes. Application for MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 17/19 on the part of the Investigating Officer? If so, extension of time has whether any action / direction warranted. been filed by the IO. Date of appointment of the Designated Not mentioned Officer by the Insurance Company. (Clause19) Name, address and contact number of the Not mentioned Designated Officer of the Insurance Company. (Clause 19) Whether the Designated Officer of the Yes Insurance Company submitted his report within 30 days of the DAR? (Clause 21) Whether the Insurance Company admitted Yes the liability?, if so, whether the Designated Officer of the Insurance Company fairly computed the compensation in accordance with law (Clause 92).

Whether, there was any delay or deficiency No on the part of the Designated Officer of the Insurance Company? If so, whether any action / direction warranted?

Date of response of the claimants to the offer 07.03.2014 of the Insurance Company. (Clause 23) Date of award. 23.09.2019 Whether the award was passed with the No consent of the parties? (Clause 22) Whether the claimant (s) were directed to Yes open savings bank account (s) near their place of residence? (Clause18) Date of order by which claimant (s) were 25.01.2018 directed to open saving bank account (s) near her 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 ).

Date on which the claimant (s) produced the 24.12.2018 passbook of their saving bank account near MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 18/19 the place of their residence, along with the endorsement, PAN Card and Aadhar Card. (Clause 18) Permanent residential address of the R/o 129, BH Block, claimant (s)? (Clause 27) Shalimar Bagh Delhi Details of saving bank account (s) of the Punjab & Sind Bank, claimant (s) and the address of the bank with BC 88 West, Shalimar IFS Code. (Clause 27) Bagh Branch AC no.

07591000017070 IFSC: PSIB0000759 Whether the claimant (s) saving bank Yes account (s) is near her place of residence? (Clause 27) Whether the claimant (s) were examined at Yes the time of passing of the award to ascertain her / their financial condition? (Clause 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

25. Copy of this award be given to the parties free of cost. The copy of award be sent to the DLSA and Ld. Metropolitan Magistrate.

Digitally signed by DR

DR HARDEEP

26. List on 23.10.2019 for compliance.

                                                          HARDEEP        KAUR
                                                                         Date:
(Typed to the dictation directly,                         KAUR           2019.09.24
corrected and pronounced                                                 15:35:48 +0530
in the open court on 23.09.2019)                 Dr. Hardeep Kaur)

PO­MACT/(South East District) Saket, New Delhi MACT No.3903/16 Krishan Gupta Vs Mohit Arora & Ors. Page No. 19/19