Delhi District Court
Shri Davis Thomas S/O Late Shri M D Thomas vs Shri Ram Chander S/O Shri Dara Singh on 15 October, 2012
IN THE COURT OF SH PREM KUMAR BARTHWAL,
PO:MACT (SE01), SAKET COURTS, NEW DELHI
Suit No: 02/11
Unique Case ID: 02406C0055372012
Shri Davis Thomas S/o Late Shri M D Thomas,
R/o 8/78, DDA Flats, East of Kailash,
New Delhi ............PETITIONER
VERSUS
1. Shri Ram Chander S/o Shri Dara Singh,
R/o House no. 118, Madangiri,
New Delhi (Driver)
2. M/s Delhi Transport Corporation,
Central Workshop, 1, BB Marg,
Delhi (Owner)
3. M/s United India Insurance Company Limited,
DOXI, E85, Himalya House,
8 Floor, KG Marg, New Delhi (Insurer)
th
............RESPONDENTS
Date of filing of claim petition: 24.02.2012 Date on which the Award/judgment reserved: 15.10.2012 Date on which the Award/judgment pronounced: 15.10.2012 Suit No. 02/11 Pate 1 of 4 A W A R D:
1. This petition under Section 166 of the Motor Vehicle Act, 1988 was filed by the petitioner claiming compensation of Rs.4,00,000/ from the respondents for the injuries sustained by him in a road vehicular accident which took place on 20.11.2010 near Captain Gaur Marg, Okhla Subzi Mandi, Near Light Point, Sri Niwas Puri, New Delhi involving vehicle bearing no. DL1PB6765 (DTC Bus) driven by respondent No. 1, Shri Ram Chander S/o Shri Dara Singh. A Detailed Accident Report (DAR) was also filed by the police in respect of this accident (FIR No. 505/10, PS Amar Colony) and the said DAR was also clubbed with the present claim petition vide proceedings dated 24.02.2012.
2. The respondents no. 1, 2 and 3 are respectively the driver, owner and insurer of the offending vehicle. During the course of the proceedings, the learned counsel for the petitioner as well as counsel for the R3/Insurance company submitted that the matter can be settled amicably. Efforts of reconciliation have been made and after judicial intervention, the learned counsel for the petitioner as well as counsel for the R3/Insurance Company submitted that the claim for the compensation for the injuries suffered by the petitioner, Shri Davis Suit No. 02/11 Pate 2 of 4 Thomas has been settled amicably for a full and final amount of Rs. 90,000/. The statements of Shri Shantanu Singh, counsel for the petitioner as well as Sh D K Sharma, learned counsel for the R3/Insurance company have been separately recorded today. The settlement, being voluntary and the amount of compensation being just and reasonable, is accepted.
3. In view of the statements of the counsels for the parties, I pass an award in the sum of Rs.90,000/(Rupees Ninety Thousand Only) in full and final settlement in favour of the petitioner and against the respondents on account of their liability being joint and several. APPORTIONMENT OF LIABILITY:
4. The respondent No. 3, being the insurer of the offending vehicle at the time of accident, is jointly and severally liable with the other respondents who are the driver and owner of the offending vehicle. Accordingly, the respondent No. 3 i.e. M/s United India Insurance Company Limited is directed to deposit the award with this Tribunal in the form of a crosscheque drawn in the name of the petitioner within a period of 30 days. In case of any delay, it shall be liable to pay interest at a rate of 12% per annum for the period of delay.
Suit No. 02/11 Pate 3 of 4
5. The copy of this award be given to the respondents as well as to the petitioner free of cost. The petition stands allowed and disposed off. Accordingly, the file be consigned to record room after completion of necessary formalities.
Announced in the open (PREM KUMAR BARTHWAL)
Court on 15.10.2012 PO: MACT, SOUTHEAST01,
SAKET COURTS, NEW DELHI
Suit No. 02/11 Pate 4 of 4