Accordingly, the Manager, SBI, District Courts
Complex, Dwarka, Sector10, New Delhi is directed to transfer
the abovesaid cash amounts to the respective saving bank
accounts of the abovesaid petitioners after due verification and
as per rules and to keep the remaining amount in the form of
abovementioned FDRs in terms of Motor Accident Claims
Tribunal Annuity Deposit (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.).
Even otherwise, while determining the negligence,
reliance can be placed upon the judgment of Hon'ble High Court
of Delhi in 2009 ACJ 287, National Insurance Company Limited
Vs. Pushpa Rana wherein the Hon'ble High Court has held that in
case the petitioner files the certified copy of the criminal record
showing the completion of the investigation by the police or the
issuance of charge sheet under section 279/304 A IPC or the
certified copy of the FIR in addition to recovery memo and
mechanical inspection report of the offending vehicle, these
documents are sufficient proof to reach at the conclusion that the
driver was negligent. It was further held that the proceedings
under the Motor Vehicles Act are not akin to the proceedings in a
civil suit and hence strict rules of evidence are not required to be
followed in this regard.
In the instant case, there is nothing on record, which
could justify the withholding of interest on the award amount. In
these circumstances and having regard to the fact and
circumstances of the present case, it will be just and proper to
award interest @ 9% per annum on the award amount in
this case. in view of the law laid down inErudhaya Priya vs
State Express Transport Corporation Ltd.5 Hence, the
petitioners are awarded interest @ 9% per annum on the
abovesaid compensation / award amount i.e ₹ 22,06,000/ (Rs.
Twenty Two Lakhs and Six Thousand only) from the date of
filing of petition i.e. 12.07.2017 till realization.