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Vide this common judgment, I shall dispose of two cases bearing MACP No. 841/16 and MACP No. 1359/16 pertaining to the same road traffic accident, which took place on 22.09.2012.

The first case/DAR (bearing MACP No. 841/16) has been filed qua the injuries caused to petitioner/ injured­ Ram Kumar in a road traffic accident on 22.09.2012.

The another case/ petition (bearing MACP No. 1359/16) u/s 166 & 140 of MV Act in respect of the injuries sustained in the same road traffic accident has been filed on behalf of petitioner/ injured­ Shyam Babu against the respondents Pradeep & Ors.

Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 15/40 petitioners/injured­ Ram Kumar and Shyam Babu sustained injuries in motor vehicle accident dated 22.09.2012 due to rash and negligent driving of offending vehicle i.e. motorcycle bearing DL 9SAG 4086, which was being driven by Virender ( since deceased), owned by respondent­Saddam Husain (R­2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondent­United India Insurance Company Ltd ( R­3 in MACP No. 841/16 and R­6 in MACP No. 1359/16) at the time of accident.

The above­said award amount shall be disbursed through Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide MACP Nos. 841/16 &1359/16 Ram Kumar & Shyam Babu Vs. Johri Lal & Ors. 35/40 Orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 ( Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).

42. LIABILITY ( In both these cases bearing MACP No. 841/16 & MACP No. 1359/16) In view of the above­said findings on Issue no.1, it is evident that the offending vehicle bearing registration no.DL 9SAG 4086, was being driven by Virender ( since deceased), owned by respondent­Saddam Husain (R­2 in both cases bearing MACP No.8451/16 & 1359/16) and insured with respondent­United India Insurance Company Ltd ( R­3 in MACP No. 841/16 and R­6 in MACP No. 1359/16) at the time of accident and as such, respondent ­United India Insurance Company Ltd ( R­3 in MACP No. 841/16 and R­6 in MACP No. 1359/16) being the 'principal tort feasor', shall be liable to pay the awarded amount to the petitioners/injured in both cases .

Certified copy of this award be also sent to the concerned Ld. Metropolitan Magistrate and Delhi State Legal Services Authority.
The main judgment be placed in the file pertaining to the case bearing MACP No. 841/16 and the copy thereof be placed in the file of connected case bearing MACP No. 1359/16 .
Ahlmad is directed to prepare separate misc. files and put up the same for filing of the compliance report on 16.10.2019.
File be consigned to the record room.