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In accident claim case, compensation was duly awarded to injured.
In accident claim case, compensation was duly awarded to injured.
Injured drive two wheeler Scooter NV Vespa, when while waiting at cut near DLF Building for going towards Rama Road, he was hit from behind by a Mahindra Champion. Consequently he suffered injuries. On issue of compensation court held, In view of findings court awarded amt. as compensation. Petitioner held entitled to get interest @ 9% p.a from date of filing of DAR i.e. till its realization. Thus, award of compensation was duly made.-500355
Facts in Brief:
1. Injured was driving two wheeler Scooter NV Vespa Special bearing Registration at Main Najafgarh Road, when while waiting at cut near DLF Building for going towards Rama Road, he was hit from behind by a Mahindra Champion.
2. Consequently he suffered injuries.
On issues,
1. Whether the petitioner Sh. Virendra Maurya suffered injuries on 26.12.2013 at about 08.30 pm near DLF Building, Main Najafgarh Road, Delhi in a vehicular accident involving Vikram Champion bearing Registration No. DL1CL4735, due to wrongful act or negligence of respondent No. 1 Rehman, driver of the Vikram Champion?
2. Whether the petitioner is entitled for compensation? If yes, what would be the amount and who would be liable to pay?
Court held as under:
3. In view of the findings on Issues No. 1 & 2, I award an amount of Rs. 1,33,300/ (Rupees One Lac Thirty Three Thousand Three Hundred Only) as compensation. Petitioner is also entitled to get interest @ 9% p.a from the date of filing of the DAR i.e. 05.04.2014 till its realization. Mode of payment and disbursement:
4. Respondents shall deposit the award amount within 30 days from the date of Award in the State Bank of India, Tis Hazari Branch, Delhi in the name of the petitioner under intimation to the petitioner and the Tribunal. In default of payment within the prescribed period, both the respondents shall be liable to pay interest @ 12% p.a. for the period of delay till its realisation.
5. While making the deposit, the respondents shall mention the particulars of this case, name of the Tribunal and the date of decision on the back side of the cheque. They shall also file selfattested copy of the award in the bank at the time of deposit. They are further directed to place on record proof of deposit of the award amount, proof of delivery of notice to the petitioner in respect of deposit of the award amount and complete details in respect of calculation of interest etc. in the Tribunal within 30 days with effect from today.
6. Petitioner shall open an account in State Bank of India, Tis Hazari Branch, Delhi. Manager of the Bank shall comply and release the award amount to the petitioner in terms of the Award.
7. Copy of the Award be given to the parties free of cost.
Case Reference- Sh. Virendra Maurya vs Sh. Rehman
(IN THE COURT OF MS. SANTOSH SNEHI MANN, JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL02, WEST DISTRICT, TIS HAZARI COURTS, DELHI)
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