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The second case/petition (bearing MACP No.370/16) as per the provisions of M.V. Act has been filed on behalf of petitioners­ Om Prakash & Ors. in respect of death of deceased Anil Kumar S/o Sh. Om Prakash caused in the road traffic accident on 14.12.2014.

The third connected case/DAR (bearing MACP No. 986/16) has been filed qua the injuries sustained by petitioner/injured Sonu @ Handa in the same road traffic accident.

The fourth connected case/DAR (bearing MACP No. 987/16) has been filed qua the injuries sustained by petitioner/injured Prince in the above­said road traffic accident.

3. It is pertinent to mention here that during the pendency of these cases, MACP Nos.369/16, 370/16, 986/16, 987/16 989/16 Anopi & Ors. Vs. Aditya Kr.& Ors. 13/66 petitioner Mahender (petitioner no. 1 in MACP No. 369/16) expired and accordingly his name was deleted from array of parties vide order dated 20.12.2016 passed by Ld.Predecessor of this court.

4. WS has been filed on behalf of R­1 Aditya Kumar Singh ( driver ) and R­2 Digvijay Singh (owner of offending vehicle), wherein it has been stated that the present petition filed on behalf of the petitioner was not maintainable as there was no cause of action in favour of the petitioners and the petitioners have also not come to the court with clean hands and has suppressed the material facts. It is further stated that no accident took place by the respondent no. 1/ driver of the alleged offending vehicle no. DL 9 CAK 3354 at the time, date and place of the alleged accident. It is stated that respondent no. 1 was having a valid DL and respondent no. 2 was having valid insurance policy qua the offending vehicle with respondent no. 3 Bajaj Allianz General Insurance Company Ltd and hence, R­1 & R­2 were not liable to pay any compensation to the petitioners.

The above­said award amount shall be disbursed through Motor MACP Nos.369/16, 370/16, 986/16, 987/16 989/16 Anopi & Ors. Vs. Aditya Kr.& Ors. 56/66 Accident Claims Annuity Deposit Scheme (MACAD Scheme) formulated vide 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.).

64. LIABILITY ( In all the cases bearing MACP No. 369/16, MACP No. 370/16, MACP No. 986/16, MACP No. 987/16 & MACP No. 989/16) The offending vehicle bearing no. DL­9CAK­3354 was being driven by respondent No.1­Aditya Kumar Singh, owned by respondent no.2­Digvijay Singh and was insured with respondent no.3/Bajaj Allianz General Insurance Company Ltd at the time of accident and as such, respondent no. 3/Bajaj Allianz General Insurance Company Ltd being the 'principal tort feasor', shall be liable to pay the awarded amount in all these cases bearing MACP No. 369/16, MACP No. 370/16, MACP No. 986/16, MACP No. 987/16 & MACP No. 989/16)).

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 leading/ main case bearing MACP No. 369/16 and the copies thereof be placed in the files of connected cases bearing MACP No. 370/16, MACP No. 986/16, MACP No. 987/16 & MACP No. 989/16.

Ahlmad is directed to prepare the separate misc. files and put up the same for filing of the compliance report on 02.3.2019.