Vechan Paswan(D)I(204/24/B) vs Saif Ali(Magma) on 8 April, 2026

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    Delhi District Court

    Vechan Paswan(D)I(204/24/B) vs Saif Ali(Magma) on 8 April, 2026

                      IN THE COURT OF MS. RUCHIKA SINGLA
                     PRESIDING OFFICER, MACT-01 (CENTRAL)
                            TIS HAZARI COURTS, DELHI.
    
    DLCT010099882024
    
    
    MACT No. :                  466/2024
    FIR No.  :                  204/2024
    PS       :                  Burari
    u/s      :                  279/337/304A IPC
    
    
    Sh. Vechan Paswan (injured/petitioner)
    S/o. Sh. Mahendra Paswan,
    R/o. Village Devipatti Bathnaha, Debipatti,
    Supaut, Bihar-852218.
                                                                                    ...Petitioner
    
                                           Versus
    
    1. Sh. Saif Ali (driver of the offending vehicle)
    S/o. Sh. Sher Khan,
    R/o. 51, Dabar Talab, Sangam Vihar,
    Loni Dehat, Ghaziabad, U.P.
    
    2. Sh. Sher Khan (owner of the offending vehicle)
    S/o. Late Sh. Sanaullah,
    R/o. 51, Dabar Talab, Sangam Vihar,
    Loni Dehat, Ghaziabad, U.P.
    
    3. Magma HDI General Insurance Co. Ltd.
    Unit No.A-2, 2nd Floor, Kirti Nagar, Najafgarh Road,
    Near Kalra Hospital, New Delhi-110015.
                                                                ...Respondents
    
                                               Date of filing of DAR : 04.07.2024
                                               Judgment reserved on : 08.04.2026
                                                      Date of Award : 08.04.2026
    
    MACT No.466/2024
                                                                        Digitally
                                                                        signed by
                                                                        RUCHIKA
                                                                RUCHIKA SINGLA
    
    Vechan Paswan vs. Saif Ali and Ors.                                                Page 1 of 34
                                                                SINGLA Date:
                                                                        2026.04.08
                                                                        15:07:40
                                                                        +0530
                                            AWAR D
    
    1.                 The present DAR was filed on 04.07.2024 which was
    treated as the claim petition. The Road Traffic Accident in question took
    place on 21.03.2024 at about 02:15 PM near Hanuman Mandir, Holy
    Chowk, Sant Nagar, Burari, Delhi within the jurisdiction of PS Burari.
    Mr. Vechan Paswan sustained injuries in the said accident which was
    allegedly caused by a Tractor bearing registration No. UP-14EU-1847
    (hereinafter referred to as the offending vehicle). The offending vehicle
    was being driven by respondent no. 1 Mr. Saif Ali, owned by respondent
    no. 2 Sher Khan and insured with respondent no. 3 Magma HDI General
    Insurance Co. Ltd.
    
    
                                          BRIEF FACTS

    2. The brief facts that have emerged from the DAR are that a
    PCR call vide DD No.92A dated 21.03.2024 regarding information of an
    accident was received at PS Burari and handed over to ASI Raj Kumar,
    who alongwith HC Narender went to the spot i.e. near Hanuman
    Mandir, Holy Chowk, Sant Nagar, Burari, Delhi where they found one
    scooty bearing no. DL-8SCZ-9744 and its driver Vechan Paswan.
    Thereafter, IO recorded the statement of Sh. Vechan Paswan. Sh. Vechan
    Paswan had told the IO that the another injured Lalit Kumar Sisodia had
    been taken to Trauma Centre, Civil Lines, Delhi. IO called the crime
    team at the spot of accident. The crime team had inspected and taken
    photographs of the spot of accident.

    
    
                                                               RUCHIKA
                                                               SINGLA
                                                                Digitally signed
                                                                by RUCHIKA
    
    MACT No.466/2024                                            SINGLA
                                                                Date: 2026.04.08
                                                                15:07:45 +0530
    
    Vechan Paswan vs. Saif Ali and Ors.                                            Page 2 of 34
    

    3. Thereafter, after leaving the HC Narender at the spot of
    accident, IO went to the Trauma Centre where he got to know that Sh.
    Lalit Kumar Sisodia was brought dead in the said hospital. Thereafter,
    IO collected the MLC no.3640/24 of Sh. Lalit Kumar Sisodia. After
    collecting the MLC, IO returned to the spot of accident. IO got admitted
    the injured Vechan Paswan in the Burari Hospital for treatment and
    collected his MLC no.772/24. Thereafter, IO took both the accidental
    vehicles i.e. Scooty no. DL-8SCZ-9744 and Tractor bearing no.
    UP-14EU-1847 into his custody and deposited the same in malkhana.
    Thereafter, FIR was registered on the basis of statement of injured
    Vechan Paswan and MLCs of injured persons u/s.279/337/304A IPC.

    SPONSORED

    4. Thereafter, IO prepared the site plan at the instance of
    injured Vechan Paswan. No CCTV Footage was found at the spot of
    accident. Thereafter, IO got conducted the post mortem of the body of
    Sh. Lalit Kumar Sisodia from Aruna Asaf Ali Hospital. Thereafter, he
    collected the post mortem report bearing no.367/24 and dead body was
    handed over to the relatives of the deceased. Thereafter, IO obtained the
    ownership of the offending vehicle and notice under Section 133 MV
    Act was served upon the owner of the offending vehicle. Upon the
    notice, owner had given reply and accepted that he was owner of the
    Tractor and at the time of accident his son i.e. Saif Ali was driving the
    offending vehicle/Tractor. Owner had also produced the driver of the
    offending vehicle before the IO. Thereafter, complainant Vechan Paswan
    came to the PS and recognized the driver of the offending vehicle and
    submitted that at the time of accident the said driver was driving the

    RUCHIKA
    SINGLA
    MACT No.466/2024 Digitally signed by
    RUCHIKA SINGLA

    Vechan Paswan vs. Saif Ali and Ors. Date: 2026.04.08
    15:07:50 +0530 Page 3 of 34
    offending vehicle.

    5. Thereafter, IO inquired from driver of the offending vehicle
    and arrested him. The owner of the offending vehicle had handed over
    the documents pertaining to the offending vehicle to the IO. Upon
    producing the surety, the driver of the offending vehicle was released on
    bail. Thereafter, IO had submitted the MLC of injured Vechan Paswan
    for final opinion. Thereafter, he collected the MLC of injured Vechan
    Paswan in which the doctors had opined the injuries as “Simple”.
    Mechanical inspection of both the accidental vehicles were got
    conducted. The documents of the offending vehicle was got verified
    from the concerned authorities and the same were found to be correct.
    Both the vehicles were released on superdari.

    6. It was found by the IO that the offending vehicle was being
    driven by its driver without having registration number plate.
    Accordingly, the offence u/s.50/177 MV Act was added. After
    completion of investigation, chargesheet for the offences u/s
    279
    /337/304(A) IPC & 50/177 MV Act was filed against the driver Saif
    Ali before the concerned Ld. JMFC and the DAR was filed before this
    Tribunal.

    WRITTEN STATEMENTS

    7. WS was filed on behalf of the respondents no. 1 & 2 on
    12.09.2024. It was stated that the present accident was not caused due to
    the fault and negligence of the respondent no.1. Hence, it was stated that

    RUCHIKA
    SINGLA
    MACT No.466/2024 Digitally signed

    Vechan Paswan vs. Saif Ali and Ors. Page 4 of 34
    by RUCHIKA
    SINGLA
    Date:

    2026.04.08
    15:08:01 +0530
    the respondents were not liable to pay any compensation.

    8. Reply was filed on behalf of the respondent no. 3 on
    12.09.2024. It was stated that the offending vehicle was insured with the
    insurance company vide policy no.P0224400002/4017/100410 for the
    period 30.04.2023 to 29.04.2024. It was stated that as per the record of
    respondent no. 3, the respondent no. 2 owner/insured has paid the
    insurance premium for insuring his tractor bearing registration no.

    UP-14EU-1847 but he had not paid any additional insurance premium
    for covering the risk of any attachments to the tractor such as safety tank
    which was attached with the tractor at the time of alleged accident. It
    was stated that the accident was caused by the safety tank. Hence, the
    insurance policy could not be used as the same did not cover an accident
    caused by an attachment.

    9. It was further stated that as per the DAR, the aforesaid
    tractor was registered with the transport authority with the description of
    “agriculture tractor” whereas during investigation, it has come on record
    in the disclosure statement of the respondent no. 1 that he was using the
    said tractor alongwith the safety tank for commercial purposes for
    cleaning residential houses. It is stated that as the respondent no. 2 was
    using the offending vehicle for a purpose other than the one for which it
    was registered, the insurance policy was violated and the respondent
    no.3 was not liable to pay any compensation to the petitioners.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:08:07
    +0530

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 5 of 34
    ISSUES

    10. On the basis of the pleading of the parties, vide order dated
    12.09.2024, this Tribunal framed the following issues:

    1. Whether the injured suffered simple injuries in
    an accident that took place on 21.03.2024 at
    about 02:15 PM near Hanuman Mandir, Holy
    Chowk, Sant Nagar, Burari, Delhi involving
    vehicle bearing registration no. UP-14EU-1847
    driven rashly and negligently by respondent no. 1
    Saif Ali, owned by respondent no. 2 Sher Khan
    and insured with respondent no. 3 Magma HDI
    General Insurance Co. Ltd? OPP

    2. Whether the petitioner is entitled for
    compensation? If so, to what amount and from
    whom? OPP

    3. Relief.

    PETITIONER’S EVIDENCE

    11. The petitioner examined himself as PW-1. PW1 has
    tendered his evidence by way of affidavit which is Ex. PW1/A. He
    relied upon the following documents:

    1.Medical treatment records and medical bills are Ex.PW1/1 in
    affidavit were de-exhibited.

    2.Copy of PAN Card of deponent as Ex. PW1/2 (OSR).

    3.Copy of Aadhar card of deponent as Ex. PW1/3 (OSR).

    4.Attested copy of DAR as Ex. PW1/4.

    12. PW1 was cross-examined by Ld. Counsel for respondents
    no. 1 and 2 and respondent no.3. Thereafter, vide separate statement of
    Ld. Counsel for the petitioner, PE was closed on 14.10.2025.

    RUCHIKA
    SINGLA
    MACT No.466/2024 Digitally signed by

    Vechan Paswan vs. Saif Ali and Ors. Page 6 of 34
    RUCHIKA SINGLA
    Date: 2026.04.08
    15:08:13 +0530
    RESPONDENT’S EVIDENCE

    13. The respondent no. 1 examined himself as R1W1. He has
    tendered his evidence by way of affidavit which is Ex. R1W1/A. He
    was cross examined by Ld. Counsels for respondent no. 3 and Ld.
    Counsel for the petitioner.

    14. The respondent no. 2 examined himself as R2W1. He has
    tendered his evidence by way of affidavit which is Ex. R2W1/A. He
    was cross examined by Ld. Counsel for respondent no.3 and Ld.
    Counsel for the petitioner.

    Vide separate joint statement of respondents no. 1 and 2,
    the RE was closed on 22.01.2026.

    15. Thereafter, respondent no. 3 examined Sh. Rahul Kumar
    Sharma as R3W1. He has tendered his evidence by way of affidavit
    which is Ex. R3W1/A. He relied upon the following documents:

    1. Copy of his Aadhar Card as Ex. R3W1/1.

    2. Copy of insurance policy is Ex. R3W1/2.

    16. He was cross examined by Ld. Counsel for petitioner and
    Ld. Counsel for respondents no. 1 and 2. Vide separate statement of the
    Ld. Counsel for respondent no.3, RE was closed vide order dated
    20.11.2025.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:08:18
    +0530

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 7 of 34
    FINAL ARGUMENTS

    17. The Petitioner filed his duly filled Form XIV and the
    financial statement of the petitioner was recorded. Final arguments were
    heard on behalf of the petitioner as well as respondents.

    FINDINGS & OBSERVATIONS

    18. I have heard Ld. Counsel for the petitioner and Ld. Counsel
    for respondents and perused the record. My findings on the various
    issues are as under:-

    ISSUE NO.1:

    Whether the injured suffered simple injuries in an
    accident that took place on 21.03.2024 at about 02:15 PM near
    Hanuman Mandir, Holy Chowk, Sant Nagar, Burari, Delhi involving
    vehicle bearing registration no. UP-14EU-1847 driven rashly and
    negligently by respondent no. 1 Saif Ali, owned by respondent no. 2
    Sher Khan and insured with respondent no. 3 Magma HDI General
    Insurance Co. Ltd?

    19. The onus to prove this issue was upon the petitioner. It is
    the case of the petitioners that on 21.03.2024 at about 02:15 PM,

    21.03.2024, the deceased Lalit Kumar alongwith the petitioner were
    going on their scooty bearing no. DL 8SCZ 9744. When they reached
    near Hanuman Mandir, Holy Chowk, Sant Nagar, Burari, Delhi, the
    driver of the offending vehicle i.e. the respondent no.1 who was driving
    the offending vehicle carelessly in a negligent manner came from
    RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA

    MACT No.466/2024
    Date: 2026.04.08
    15:08:23 +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 8 of 34
    opposite side and hit the scooty of the petitioner, due to which he fell
    and suffered injuries. It is stated that during investigation, the offending
    vehicle was seized by the IO. The respondent no.1 was chargesheeted by
    the IO. Hence, it is submitted that it is proved that the respondent no.1
    was driving the negligent in a rash and negligent manner due to which
    the petitioner suffered injuries.

    20. Record perused.

    21. In the present matter, the factum of the accident is not in
    dispute. In the WS filed by respondent no. 1 & 2, they have merely
    stated that the accident was not caused due to the negligence of the
    respondent no.1. It is not even alleged that the accident was caused due
    to the rash and negligent act of some other person. It is pertinent to
    mention here that in the proceedings before the claims tribunal, the facts
    are to be established on the basis of preponderance of probabilities and
    not by the strict rules of evidence or the higher standard of beyond
    reasonable doubt as required in criminal cases. The burden of proof in
    the present cases is much lower than as placed in civil or criminal cases.
    In Bimla Devi & Ors. v. Himachal Road Transport Corporation & Ors
    (2009) 13 SC 530, it has been held by Hon’ble Supreme Court of India
    that negligence must be decided on the touchstone of preponderance of
    probabilities and a holistic view must be adopted in reaching a
    conclusion.

    22. Further, it is also pertinent to note that the respondent no.1

    Digitally
    signed by
    RUCHIKA

    MACT No.466/2024
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:08:28

    Vechan Paswan vs. Saif Ali and Ors. Page 9 of 34
    +0530
    was chargesheeted by the IO under Section 279/337/304A IPC. In
    National Insurance Co. Ltd. v. Pushpa Rana 2009 ACJ 287 and United
    India Insurance Co. Ltd. v. Deepak Goel & Ors
    , 2014 (2) TAC 846 (Del)
    decided by the Coordinate Bench of the Hon’ble Delhi High Court, it
    was held as under :-

    “……where the claimants filed either the certified copies of
    the criminal record or the criminal record showing the
    completion of investigation by police or issuance of charge
    sheet under Section 279/304A IPC or the certified copy of
    FIR or the recovery of the mechanical inspection report of
    the offending vehicle, then these documents are sufficient
    proof to reach to a conclusion that the driver was negligent
    particularly when there is no defence available from the
    side of driver.”

    23. Reliance is also being placed upon the judgment of Hon’ble
    Delhi High Court in case Bajaj Allianz General Insurance Co. Ltd. v.
    Meera Devi
    , 2021 LawSuit (Del) wherein it was held that “……in view
    of Delhi Motor Accident Claim Tribunal Rules, 2008, contents of DAR
    has to be presumed to be correct and read in evidence without formal
    proof of the same unless proof to the contrary was produced.”

    24. Even otherwise, the deceased and the eye witness were
    unknown to respondent no.1 prior to the accident and admittedly, there
    was no prior enmity with respondent no.1 and hence, it is beyond
    comprehension as to why they will implicate respondent no.1 falsely,
    had he not been driving the offending vehicle.

    25. It is a settled law that the petitioner cannot be expected to
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA

    MACT No.466/2024
    SINGLA Date:

    2026.04.08
    15:08:33
    +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 10 of 34
    prove the accident beyond reasonable doubts and the principle of res
    ipse loquitor should apply which means that the “accident speaks for
    itself”. Thus, once it has been established in DAR and chargesheet that
    the accident had taken place, the burden shifts on the respondents to
    prove that they were not responsible for the accident which the
    respondents have failed to discharge. Hence, an adverse inference is
    drawn against the respondent no.1. In this regard, reliance is placed on
    the judgments of Hon’ble High Court of Delhi in the cases of Teja Singh
    Vs Suman & Ors., MAC
    . APP. 1111/2018 & CM APPL. 52384/2018,
    52386/2018, date of decision 06/12/2019; MAC. APP.
    428/2018, titled
    as The Oriental Insurance Co. Ltd. Vs Kamla Devi & Ors, date of
    decision 08.11.2019 and MAC. APP. 690/2017 & CM APPL.

    28108/2017, titled as Reliance General Insurance Company Ltd. Vs
    Mona & Ors.
    , date of decision 15.10.2019, which had relied upon the
    judgment in the case of Cholamandalam Insurance Co. Ltd. Vs Kamlesh
    2009(3) AD Delhi 310.

    26. The Hon’ble Supreme Court in Mangla Ram v. Oriental
    Insurance Co. Ltd.
    (2018) 5 SCC 656 has laid down in paragraphs 27 &
    28:

    “27. …This Court in a recent decision in Dulcina
    Fernandes, noted that the key of negligence on the part of
    the driver of the offending vehicle as set up by the
    claimants was required to be decided by the Tribunal on
    the touchstone of preponderance of probability and
    certainly not by standard of proof beyond reasonable
    doubt. Suffice it to observe that the exposition in the
    judgments already adverted to by us, filing of chargesheet
    against Respondent 2 prima facie points towards his
    Digitally
    signed by

    MACT No.466/2024
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08

    Vechan Paswan vs. Saif Ali and Ors. 15:08:39
    +0530
    Page 11 of 34
    complicity in driving the vehicle negligently and rashly.
    Further, even when the accused were to be acquitted in the
    criminal case, this Court opined that the same may be of no
    effect on the assessment of the liability required in respect
    of motor accident cases by the Tribunal.

    28. Reliance placed upon the decisions in Minu B. Mehta
    and Meena Variyal, by the respondents, in our opinion, is
    of no avail. The dictum in these cases is on the matter in
    issue in the case concerned. Similarly, even the dictum in
    Surender Kumar Arora will be of no avail. In the present
    case, considering the entirety of the pleadings, evidence
    and circumstances on record and in particular the finding
    recorded by the Tribunal on the factum of negligence of
    Respondent 2, the driver of the offending jeep, the High
    Court committed manifest error in taking a contrary view
    which, in our opinion, is an error apparent on the face of
    record and manifestly wrong.”

    27. It has not been disputed that respondent No.1 has been
    charge-sheeted in the aforesaid FIR for offences punishable under
    Section 279/338 IPC for rash and negligent driving of the offending
    vehicle. In view of the same, considering the facts and circumstances,
    the unrebutted testimony of the petitioner and the documents filed
    thereto, the court is satisfied that the accident was caused due to the rash
    and negligent driving of the respondent no.1. From the DAR, it also
    stands established that the respondent no.2 was the registered owner of
    the offending vehicle and that the offending vehicle was insured with
    respondent no.3.

    The injury:

    28. Further, the onus to prove that the petitioner had suffered
    Digitally

    MACT No.466/2024
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    Vechan Paswan vs. Saif Ali and Ors. 2026.04.08
    15:08:44
    +0530
    Page 12 of 34
    injuries by way of the said accident was on the petitioner. In this regard,
    the petitioner have relied upon the MLC dated 21.03.2024, as per which
    the petitioner was brought to the hospital with the history of road traffic
    accident. As per the MLC, he had suffered various injuries on his body
    i.e. swelling over right elbow joint, right knee joint and pain. Further, it
    was stated that the injuries were simple in nature.

    29. In view of the above discussion, this Tribunal is of the
    opinion that on the scales of preponderance of probabilities, the
    petitioner has proved that the accident in question took place due to rash
    and negligent driving of offending vehicle being driven by its
    driver/respondent no. 1 on the date and time of the accident and that due
    to the said accident, the injured suffered simple injury. Accordingly,
    issue no. 1 is decided in favour of the petitioner and against the
    respondents.

    ISSUE NO.2:

    Whether the petitioner is entitled for compensation? If so, to
    what amount and from whom? (OPP)

    30. The onus to prove this issue was also upon the petitioner. In
    view of the observations as given in issue no.1, the petitioner is entitled
    for compensation. In the case of Raj Kumar Vs. Ajay Kumar & Ors.
    (2011) 1 SCC 34, Hon’ble Supreme Court held as under:

    “General principles relating to compensation in
    injury cases

    4. The provision of The Motor Vehicles Act, 1988 (`Act’ for
    RUCHIKA
    SINGLA

    MACT No.466/2024 Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.04.08
    15:08:49 +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 13 of 34
    short) makes it clear that the award must be just, which
    means that compensation should, to the extent possible,
    fully and adequately restore the claimant to the position
    prior to the accident. The object of awarding damages is to
    make good the loss suffered as a result of wrong done as far
    as money can do so, in a fair, reasonable and equitable
    manner. The Court or tribunal shall have to assess the
    damages objectively and exclude from consideration any
    speculation or fancy, though some conjecture with reference
    to the nature of disability and its consequences, is
    inevitable. A person is not only to be compensated for the
    physical injury, but also for the loss which he suffered as a
    result of such injury. This means that he is to be
    compensated for his inability to lead a full life, his inability
    to enjoy those normal amenities which he would have
    enjoyed but for the injuries, and his inability to earn as
    much as he used to earn or could have earned. ( See C. K.
    Subramonia Iyer vs. T. Kunhikuttan Nair
    AIR 1970 SC
    376, R. D. Hattangadi Vs. Pest Control (India) Ltd
    . – 1995
    (1) SCC 551 and Baker vs. Willoughby – 1970 AC 467).

    5. The heads under which compensation is awarded in
    personal injury cases are the following :

    Pecuniary damages (Special Damages)

    (i) Expenses relating to treatment,
    hospitalization, medicines, transportation, nourishing food,
    and miscellaneous expenditure.

    (ii) Loss of earnings (and other gains) which the
    injured would have made had he not been injured,
    comprising :

    (a) Loss of earning during the period of
    treatment;

    (b) Loss of future earnings on account of
    permanent disability.

    (iii) Future medical expenses.

    Non-pecuniary damages (General Damages)

    (iv) Damages for pain, suffering and trauma as
    a consequence of the injuries. RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.04.08
    15:08:54 +0530

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 14 of 34

    (v) Loss of amenities (and/or loss of prospects
    of marriage).

    (vi) Loss of expectation of life
    (shortening of normal longevity).

    In routine personal injury cases, compensation
    will be awarded only under heads (i), (ii)(a) and (iv).”

    31. In view of the above law laid down by Hon’ble Supreme
    Court of India, in injury cases, award needs to be passed only under
    heads of medical expenses, loss of earning during treatment period and
    damages for pain, suffering and trauma. This is a case where the
    petitioner has claimed that he suffered simple injury due to the accident,
    hence, this Tribunal now proceeds further step by step to decide the
    compensation/award under different heads applicable to the present
    matter in light of above preposition.

    Medical expenses:

    32. The petitioner has not claimed any amount under this head.

    Loss of income:

    33. In this regard, it is submitted by the petitioner that at the
    time of the accident, the petitioner was doing labour work with Anmol
    Wall Fashion, Rohini, Delhi and earning Rs.20,000/- pm. However, it is
    conceded that he does not have any proof of income. Hence, it is
    submitted that his income may be calculated as per the applicable
    minimum wages payable at Delhi.

    34. Per contra, it is submitted by Ld. Counsel for respondent
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.466/2024                                                    2026.04.08
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    Vechan Paswan vs. Saif Ali and Ors.                                              Page 15 of 34
    

    no. 3 that the petitioner has not led any evidence to prove that he was
    working at Delhi. Admittedly, he is a permanent resident of Bihar.
    Hence, It is submitted that his income be calculated as per the minimum
    wages payable at Bihar.

    35. Record perused.

    36. As mentioned above, no income proof of the petitioner is
    proved on record and it is conceded that his income be assessed as per
    the minimum wages criteria. His educational documents are not proved
    on record. Hence, his income shall be assessed as per the minimum
    wages payable to an unskilled worker.

    37. Now, it is submitted by the petitioner that he was working
    at Delhi. He did not lead any evidence qua his employment at Delhi and
    admittedly, he is a permanent resident of Bihar. However, perusal of the
    chargesheet shows that the FIR was registered on the statement of the
    petitioner on the same day as the accident. In his statement before the
    IO, he has specifically stated that he was residing at Village Naharpur,
    Sector 7, Rohini, Delhi and that he was working at a wallpaper shop in
    Gali no. 4, Muthoot wali gali which was owned by one Sh. Manjesh.
    When his statement was recorded by the IO, the petitioner may not have
    even known that he may get compensation from the court or his
    address/place of employment shall be a relevant factor for computation
    of compensation. Further, it is highly improbable that he would make up
    his residence address and place of employment. Hence, from the record,
    RUCHIKA
    SINGLA
    Digitally signed

    MACT No.466/2024 by RUCHIKA
    SINGLA
    Date: 2026.04.08
    15:09:04 +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 16 of 34
    it seems that as on the date of accident, the petitioner was working at
    Delhi.

    38. Hence, the petitioner’s income shall be ascertained as per
    the minimum wages payable at Delhi. The date of the accident is
    21.03.2024. As per the relevant notification, the minimum wages
    payable to an unskilled worker on that day were Rs. 17,494/-. Hence, the
    income of the petitioner is assessed to be Rs. 17,494/-.

    39. As mentioned above, as per the medical record of the
    petitioner, he has suffered swelling and pain in his arm and leg. Hence,
    he had suffered simple injuries. No other treatment papers were proved.
    Hence, he is granted loss of income for one month. Accordingly, it is
    held that the petitioner shall be entitled to the loss of income for 1 month
    i.e. Rs. 17,494/- x 1 = Rs. 17,494/-.

    Special diet:

    40. The petitioner is claiming a sum of Rs. 5,000/- per month
    towards special diet. Although, there is no bill to support his plea, but
    keeping in view the fact the facts and circumstances, it is understandable
    that he must have required special diet and must have incurred
    expenditure towards special diet, therefore, a sum of Rs. 5,000/- is
    awarded to the petitioner under the head of special diet.

    Conveyance charges:

    41. The petitioner is claiming a sum of Rs. 5,000/- towards
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.466/2024

    2026.04.08
    15:09:09
    +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 17 of 34
    conveyance charges. Admittedly there is no document showing expense
    on conveyance, however, considering his injuries, this Tribunal is of the
    view that the petitioner must have spent money on conveyance thus, the
    petitioner is awarded a sum of Rs. 5,000/- towards conveyance charges.

    Attendant charges:

    42. The petitioner is claiming a sum of Rs. 10,000/- towards
    attendant charges. Admittedly there is no document showing expense on
    attendant, however, considering his injuries, this Tribunal is of the view
    that the petitioner must have spent money on attendant thus, the
    petitioner is awarded a sum of Rs. 5,000/- towards attendant charges.

    Pain & Suffering:

    43. The petitioner/injured has claim Rs. 50,000/- under the
    head pain and suffering. It is not possible to quantify the compensation
    admissible to petitioner for the shock, pain and sufferings etc. which he
    actually suffered because of the above injuries, but as stated above, an
    effort has to be made to compensate him for the same in a just and
    reasonable manner. Hence, keeping in view the extent and nature of the
    injuries suffered by petitioner and duration of the treatment taken by him
    etc., an amount of Rs.5,000/- is being awarded to him towards pain and
    sufferings.

    Mental and physical shock:

    44. The petitioner has not claimed any amount under this head.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:09:14
    +0530

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 18 of 34
    Loss of amenities

    45. The petitioner/injured has claimed Rs. 50,000/- under this
    head. Although, there is nothing on record to prove the same but keeping
    in view his injuries, it cannot be denied that he would definitely have
    suffered loss of amenities. Hence, a sum of Rs.5,000/- is awarded to the
    petitioner under this head.

    Disfiguration, Loss of marriage prospects & Loss of earning,
    inconvenience, disappointment, frustration, mental stress, dejectment
    and unhappiness in future life etc.

    46. The petitioner/injured has not claimed any amount under
    these heads. Hence, no amount is awarded.

    47. Accordingly, keeping in view the facts and circumstances,
    the material on record, and the settled principles and guidelines
    governing the injury cases like the present one, the compensation is
    being derived in the present case as under:-

                 NAME OF HEAD                  AMOUNT (in Rupees)
    Expenditure on Treatment                   Nil
    Monthly income of injured                  Rs. 17,494/-
    Loss of income x 1 month                   Rs. 17,494/-
    Add future prospects                       Nil
    

    Loss of future income (income X Nil
    % Earning Capacity X Multiplier)
    Any other loss/expenditure Nil
    Expense on special diet Rs. 5,000/-

    Digitally
    signed by
    RUCHIKA

    MACT No.466/2024
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:09:27

    Vechan Paswan vs. Saif Ali and Ors. Page 19 of 34
    +0530
    Conveyance charges Rs. 5,000/-

    Attendant charges Rs. 5,000/-

    Mental & Physical Shock & Pain & Rs. 5,000/-

    Suffering
    Loss of amenities                                  Rs. 5,000/-
    Disfiguration                                      Nil
    Loss of marriage prospects                         Nil
    

    Loss of earning, inconvenience, Nil
    hardship, disappointment,
    frustration, mental stress,
    dejectment and unhappiness in
    future life etc.
    Total Rs. 42,494/-

    48. In the case of Oriental Insurance Company Ltd. Vs. Niru @
    Niharika & Ors. SLP
    no. 22136 of 2024 decided on 14.07.2025 , the
    Hon’ble Supreme Court has upheld awarding of 9% interest per annum.
    Therefore, it is held that the petitioner shall be entitled to interest @ 9%
    per annum from the date of filing of the petition i.e. 04.07.2024 till
    realization.

    DISBURSEMENT

    49. The Financial Statement of petitioner/injured was recorded
    by this Court/Tribunal. As per the said statement, the monthly expenses
    of his family are approximately Rs. 20,000/- per month.

    50. The Hon’ble Delhi High Court vide orders dated
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.466/2024                                                          2026.04.08
                                                                              15:09:33
                                                                              +0530
    Vechan Paswan vs. Saif Ali and Ors.                                                    Page 20 of 34
    

    07.12.2018 & 08.01.2021 in FAO No. 842/2003 under the title Rajesh
    Tyagi & Ors. Vs. Jaivir Singh & Ors. has given the following directions:

    “(i) The bank shall not permit any joint name to be added
    in the saving account or fixed deposit accounts of the
    claimants i.e. saving bank accounts of the claimants shall be
    an individual saving bank account and not a joint account.

    (ii) Original fixed deposit shall be retained by the bank in
    safe custody. However, the statement containing FDR
    number, FDR amount, date of maturity and maturity
    amount shall be furnished by bank to the claimants.

    (iii) The maturity amount of the FDRs be credited by the
    ECS in the saving bank account of the claimant near the
    place of their residence.

    (iv) No loan, advance or withdrawal or premature
    discharge be allowed on the fixed deposits without the
    permission of the court.

    (v) The concerned bank shall not issue any cheque book
    and/or debit card to claimants. However, in case the debit
    card and/or cheque book have already been issued, bank
    shall cancel the same before the disbursement of the award
    amount. The bank shall debit card(s) freeze the account of
    claimants so that no debit card be issued in respect of the
    account of claimants from any other branch of the bank.

    (vi) The bank shall make an endorsement on the passbook
    of the claimant to the effect, that no cheque books and/or
    debit card have been issued and shall not be issued without
    the permission of the Court and the claimant shall produced
    the passbook with the necessary endorsement before the
    Court for compliance.”

    51. However, in a recent judgment passed by the Hon’ble
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.466/2024

    2026.04.08
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    +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 21 of 34
    Supreme Court of India titled as Parminder Singh vs Honey Goyal on 18
    March, 2025 in S.L.P. (C) No. 4484 OF 2020 has held that :

    “17. The case in hand pertains to the compensation
    awarded under the Motor Vehicles Act. The general
    practice followed by the insurance companies, where the
    compensation is not disputed, is to deposit the same before
    the Tribunal. Instead of following that process, a direction
    can always be issued to transfer the amount into the bank
    account(s) of the claimant(s) with intimation to the
    Tribunal.

    17.1 For that purpose, the Tribunals at the initial stage of
    pleadings or at the stage of leading evidence may require
    the claimant(s) to furnish their bank account particulars to
    the Tribunal along with the requisite proof, so that at the
    stage of passing of the award the Tribunal may direct that
    the amount of compensation be transferred in the account
    of the claimant and if there are more than one then in their
    respective accounts. If there is no bank account, then they
    should be required to open the bank account either
    individually or jointly with family members only. It should
    also be mandated that, in case there is any change in the
    bank account particulars of the claimant(s) during the
    pendency of the claim petition they should update the same
    before the Tribunal. This should be ensured before passing
    of the final award. It may be ensured that the bank account
    should be in the name of the claimant(s) and if minor,
    through guardian(s) and in no case it should be a joint
    account with any person, who is not a family member. The
    transfer of the amount in the bank account, particulars of
    which have been furnished by the claimant(s), as
    mentioned in the award, shall be treated as satisfaction of
    the award. Intimation of compliance should be furnished to
    the Tribunal.”

    52. In view of the same, the award amount can now be
    Digitally
    signed by
    RUCHIKA

    MACT No.466/2024 RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08

    Vechan Paswan vs. Saif Ali and Ors. Page 22 of 34
    15:09:43
    +0530
    disbursed in the Savings Bank Account of the petitioner. However, the
    remaining directions as passed by the Hon’ble High Court shall be
    complied with.

    53. After considering the financial statement of the petitioner, it
    is held that on realization of the award amount of Rs. 49,232/- (Rupees
    Forty Nine Thousand Two Hundred Thirty Two only), the entire amount
    be released to the petitioner/claimant immediately in his bank account
    maintained at Central Bank of India, P.O. Aamaha Via Pipka Bazar,
    Distt Supaul, Bihar bearing no. 4015069820, IFSC no. CBIN0282809.

    54. In compliance of the directions given by Hon’ble High
    Court in FAO No. 842/2003 dated 08.01.2021, Summary of the Award
    in the prescribed Format-XVI is as under:

    SUMMARY OF AWARD:

    Date of Accident:                      21.03.2024
    Name of the Injured:                   Vechan Paswan
    Age of the Injured:                    Presently 39 years
    Occupation of the Injured:             Private Job
    Income of the Injured:                 Rs. 17,494/- pm
    Nature of Injury:                      Simple
    Medical Treatment taken:               Sushruta Trauma Centre, Delhi
    Period of Hospitalization:             Nil
    Whether any permanent:                 No
    disability?
                                                                            Digitally
                                                                            signed by
                                                                            RUCHIKA
                                                                    RUCHIKA SINGLA
                                                                    SINGLA Date:
                                                                            2026.04.08
                                                                            15:09:48
                                                                            +0530
    
    
    
    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors.                                                  Page 23 of 34
                              COMPUTATION OF COMPENSATION
    Sr.                       Heads                  Awarded by the Claims Tribunal
    No.
    1.     Pecuniary Loss:
     (i) Expenditure on Treatment                                  Nil
     (ii) Expenditure on Special Diet                          Rs. 5,000/-
    (iii) Expenditure on                                       Rs. 5,000/-
          Nursing/Attendant charges
    (iv) Expenditure on Conveyance                             Rs. 5,000/-
     (v) Monthly income of injured                             Rs. 17,494/-
    (vi) Loss of income x 1 month                              Rs. 17,494/-
    (vii) Add future prospects                                     Nil
    viii) Any other loss which may                                Nil
          require any special treatment or
          aid to the injured for the rest of
          his life
    2.     Non Pecuniary Loss
     (i) Compensation for mental and                           Rs. 5,000/-
         physical shock
     (ii) Pain and Sufferings
    (iii) Loss of amenities of life                            Rs. 5,000/-
    (iv)
           Disfiguration                                           Nil
     (v) Loss of marriage prospects                                Nil
    (vi) Loss of earning, inconvenience,                           Nil
         hardships, disappointment,
         frustration, mental stress,
         dejectment and unhappiness in
         future life etc.
    

    3. Disability resulting in loss of earning capacity:

    Digitally
    signed by

    MACT No.466/2024
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    Vechan Paswan vs. Saif Ali and Ors. Page 24 of 34

    2026.04.08
    15:09:52
    +0530

    (i) Percentage of disability assessed Nil
    and nature of disability as
    permanent or temporary

    (ii) Loss of amenities or loss of Nil
    expectation of life span on
    account of disability

    (iii) Percentage of loss of earning Nil
    capacity in relation to disability

    (iv) Loss of future income – (income Nil
    x % earning capacity x
    Multiplier)

    4. Total Compensation Rs. 42,494/-

    5. Interest awarded 9%

    6. Earlier award amount (which has
    already been received by the
    petitioner in terms of previous –

          award      passed    by     Ld.
          Predecessor) to be deducted
          from present award amount .
    7.    Interest amount upto the date of           Rs.6,737.34 (rounded off to Rs.6,738/-)
          award w.e.f. 04.07.2024 till
          realization
    8.    Total amount including Interest                         Rs. 49,232/-
    9.    Award amount released                           As mentioned in para no. 53
    10.   Award amount kept in FDRs                                    Nil
    11.   Mode of disbursement of the                     As mentioned in para no. 53
          award amount of the claimant(s)
    12.   Next date for compliance of the                         08.05.2026
          award
    
    
                                                LIABILITY:
    

    55. It has been established that accident was caused due to the
    Digitally

    MACT No.466/2024
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    Vechan Paswan vs. Saif Ali and Ors. Page 25 of 34

    2026.04.08
    15:09:59
    +0530
    rash and negligent act of the respondent no.1 who was driving the
    offending vehicle no.1 and that respondent no.2 is the owner of the
    same and the offending vehicle was insured with the respondent no.3.

    56. It is submitted by Ld. Counsel for the respondent no. 3 that
    in the present matter, the conditions of the insurance policy were
    violated. Hence, the respondent no. 3 is not liable to pay compensation.

    It is submitted that as per the insurance policy Ex. R3W1/2, only the
    tractor was covered. The attachments to the tractor were not covered. It
    is submitted that this is an admitted fact that at the time of the accident,
    the tractor had a septic tank attached with it. The accident was caused
    by the septic tank and not by the tractor. Hence, the insurance policy is
    violated.

    57. Record perused.

    58. The onus to prove that the insurance policy was violated is
    upon the respondent no. 3. Perusal of the record shows that no such
    question was put by the respondent no. 3 to either the petitioner or the
    respondents no. 1 and 2 who entered the witness box as R1W1 and
    R2W1 that the accident was not caused by the tractor and by the septic
    tank. Further, perusal of the statement of the petitioner which was
    recorded by the IO at the time of the accident shows that he has stated
    that when, while driving the scooty, he reached West Sant Nagar, Gali
    no. 15, then one tractor was coming from the opposite side, who hit his
    scooty directly from the front due to which he and the deceased fell.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:10:04
    +0530

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 26 of 34
    Further, he states that the driver of the tractor then ran over the
    deceased. The septic tank was admittedly attached behind the tractor
    and not in front of it. Hence, from the statement of the complainant, it
    transpires that the accident occurred due to a head on collusion. If the
    tractor came towards the scooter from the front and hit it from the front
    side, there is in no way a possibility that the accident was caused by the
    septic tank and not the tractor. Hence, as the accident was caused by the
    tractor itself and not the septic tank, the terms of the insurance policy
    are not violated.

    59. Further, Ld. Counsel for the petitioner has relied upon a
    judgment of the Hon’ble Supreme Court in Royal Sundaram Alliance
    Insurance Co. Ltd. Vs. Honnamma
    & ors. SLP No.2135/2023 decided
    on 05.05.2025. In the said judgment, the Hon’ble Supreme Court has a
    case of similar facts in front of it where the accident was caused by a
    tractor which had a trailer attached to it. While discussing the liability
    of the insurance company in such a case, the Hon’ble Supreme Court
    held that :

    “…Thus, the accident was caused by the tractor, as during
    the course of being driven/pulled by the tractor, the
    accident occurred.

    12. Thus, the liability of the tractor/its insurer extended to
    the accident caused by the tractor resulting in the death of
    the deceased, through the trailer. This being the position in
    the present case, the principles emanating from the
    decisions where the Courts have held that the trailer has to
    be separately registered with the insurance company to
    make it liable, would not be applicable. To that extent, the
    facts in the present case are clearly distinguishable from
    Digitally

    MACT No.466/2024
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    Vechan Paswan vs. Saif Ali and Ors. Page 27 of 34

    2026.04.08
    15:10:08
    +0530
    the ones cited by learned counsel for the appellant. The
    legislation i.e., the MV Act, being beneficial and welfare-
    oriented in nature [Ningamma v United India Insurance
    Co. Ltd.
    , (2009) 13 SCC 710; K Ramya v National
    Insurance Co. Ltd.
    , 2022 SCC OnLine SC 1338, and;
    Shivaleela v Divisional Manager, United India Insurance
    Co. Ltd.
    , 2025 SCC OnLine SC 563] and ultimately the
    root cause of the accident being the tractor, which was
    insured, this crucial fact cannot be lost sight of. For further
    clarification, we might illustrate: if an insured vehicle hits
    another vehicle which in turn hits a third vehicle, then for
    the entire chain of accidents, the liability would pass on to
    the vehicle which was the root cause of the accident
    because it is the result of the action in the same chain of
    events which cannot be segregated or compartmentalized.
    Moreover, this Court is duty-bound to be mindful of the
    ground realities of our nation and cannot let practicality be
    overshadowed by technicality.”

    60. In the present matter, as in the case before the Hon’ble
    Supreme Court, the septic tank was attached with the tractor. Hence,
    even if the accident was caused by the septic tank, even then, the
    insurance company shall have the liability to pay the compensation to
    the petitioner. However, as discussed above, the accident was caused by
    the tractor itself. Hence, the liability of the insurance company is
    absolute.

    61. Further Ld. Counsel for the respondent no. 3 has submitted
    that as per the admitted case of the respondents no. 1 and 2, the tractor
    was being used for cleaning houses but as per the policy, the permitted
    use of the tractor was only agriculture and forestry purposes. Hence, it
    is submitted that due to this reason, the terms of the insurance policy are
    MACT No.466/2024
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA

    Vechan Paswan vs. Saif Ali and Ors. Page 28 of 34
    SINGLA Date:

    2026.04.08
    15:10:15
    +0530
    violated.

    62. Record perused.

    63. To prove the same, Ld. Counsel for respondent no. 3 has
    relied upon the disclosure statement of the respondent no. 1 which was
    recorded by the IO during the investigation of the case. In the said
    statement, the respondent no. 1 has stated that he was using the said
    tractor with septic tank for cleaning of the houses. A statement recorded
    before the IO during investigation is not admissible as per the Indian
    Evidence Act
    . Apart from this, there is no such evidence to prove that
    the tractor was being used for cleaning houses i.e. commercial purpose
    and not agricultural or forestry purpose. Again, no such question was
    put by Ld. Counsel for the respondent no. 3 to either the respondent no.
    1 or the respondent no.2 when they entered into the witness box as
    R1W1 and R2W1 respectively. Hence, the respondent no. 3 has failed to
    prove that at the time of the accident, the tractor i.e. the offending
    vehicle was not being used for agricultural purposes. Hence, in the
    absence of the same, the respondent no. 3 cannot be exempted from its
    liability. Hence, the respondent no. 3 shall be liable to pay the
    compensation amount to the petitioners. Issue No. 2 is accordingly
    decided in favour of the petitioner and against the respondents.

    RELIEF:

    64. In view of the above, the respondent no.3 is directed to
    deposit a sum of Rs.42,494/- (Rupees Forty Two Thousand Four
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    MACT No.466/2024 15:10:19
    +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 29 of 34
    Hundred Ninety Four Only) along with interest @ 9% from the date of
    filing of DAR i.e. w.e.f. 04.07.2024 till realization with the Civil Nazir
    of this Tribunal within 30 days under intimation to the claimants, failing
    which the respondents shall be liable to pay interest @12% per annum
    for the period of delay beyond 30 days. Reliance placed on case titled as
    Oriental Insurance Company Ltd. Vs. Niru @ Niharika & Ors. SLP no.
    22136 of 2024 decided on 14.07.2025 by the Hon’ble Supreme Court.

    65. Ahlmad is directed to e-mail an authenticated copy of the
    award to the insurance company for compliance within the time granted
    as directed by the Hon’ble Supreme Court of India in WP (Civil) No.
    534/2020 titled as Bajaj Allianz General Insurance Co. Pvt. Ltd. Vs.
    Union of India & Ors.
    on 16.03.2021. The said respondent is further
    directed to give intimation of deposit of the compensation amount to the
    claimant and shall file a compliance report with the Claims Tribunal
    with respect to the deposit of the compensation amount within 15 days
    of the deposit with a copy to the Claimant and his counsel.

    Ahlmad shall also e-mail an authenticated copy of the
    award to Branch Manager, SBI, Tis Hazari Courts for information.

    A digital copy of this award be forwarded to the parties
    free of cost.

    Ahlmad is directed to send the copy of the award to
    Ld. Metropolitan Magistrate concerned and Delhi Legal Services
    Authority in view of Central Motor Vehicles (fifth Amendment) Rules,
    2022 [(Directions at serial nos. 39, 40 of Procedure for Investigation of
    Motor Vehicle Accidents (under Rule 150A)].

    RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA

    MACT No.466/2024
    Date: 2026.04.08
    15:10:24 +0530

    Vechan Paswan vs. Saif Ali and Ors. Page 30 of 34
    Civil Nazir is directed to place a report on record on
    08.05.2026 in the event of non-receipt/deposit of the compensation
    amount within the time granted.

    Further, Civil Nazir is directed to maintain the record in
    Form XVIII in view of Central Motor Vehicles (fifth Amendment)
    Rules, 2022 [(Directions at serial no. 41 of Procedure for Investigation
    of Motor Vehicle Accidents (under Rule 150A).

    Ahlmad is further directed to comply with the directions
    passed by the Hon’ble High Court of Delhi in MAC APP No. 10/2021
    titled as New India Assurance Company Ltd. Vs. Sangeeta Vaid & Ors.,
    date of decision : 06.01.2021 regarding digitisation of the records.

    File be consigned to Record Room after due compliance.

    Digitally

    Announced in the open Court today
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    on this 08th April, 2026
    2026.04.08
    15:10:29
    +0530

    (RUCHIKA SINGLA)
    PO, MACT-01, CENTRAL DISTRICT,
    TIS HAZARI COURTS, DELHI.

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 31 of 34

    THE PARTICULARS AS PER FORM-XVII, CENTRAL MOTOR
    VEHICLES (FIFTH AMENDMENT) RULES, 2022 (PL. SEE RULE
    150A) ARE AS UNDER:-

    1 Date of Accident 21.03.2024
    2 Date of filing of Form-I –

    First Accident Report 23.03.2024
    (FAR)
    3 Date of delivery of Form-II
    04.07.2024
    to the victim(s)
    4 Date of receipt of Form-III
    10.05.2024
    from the Driver
    5 Date of receipt of Form-IV
    from the Owner 10.05.2024

    6 Date of filing of Form-V-

    Particulars of the insurance 10.05.2024
    of the vehicle
    7 Date of receipt of Form-

    04.07.2024
    VIA from the Victim(s)
    8 Date of filing of Form-VII –

                                                 04.07.2024
        Detail Accident               Report
        (DAR)
    9   Whether there was any
        delay or deficiency on the
        part of the Investigating                   No
        Officer? If so, whether any
        action/direction warranted?
    10 Date of appointment of the
       Designated Officer by the                 04.07.2024
       Insurance Company
    11 Whether the Designated
       Officer of the Insurance
       Company admitted his                         Yes
       report within 30 days of the
                                                                  Digitally
                                                                  signed by
                                                                  RUCHIKA
                                                          RUCHIKA SINGLA
    
           MACT No.466/2024                               SINGLA Date:
                                                                  2026.04.08
                                                                  15:10:35
           Vechan Paswan vs. Saif Ali and Ors.                    +0530
                                                                               Page 32 of 34
         DAR/claim petition?
    12 Whether there was any
       delay or deficiency on the                   No
       part of the Designated
       Officer of the Insurance
       Company? If so, whether
       any         action/direction
       warranted?
    13 Date of response of the
       claimant(s) to the offer of                  NA
       the Insurance Company.
    14 Date of award                             08.04.2026
    15 Whether the claimant(s)
       were directed to open                        Yes
       savings bank account(s)
       near    their place  of
       residence?
    16 Date of order by which
       claimant(s) were directed to
       open       Savings      Bank
       Account(s) near his place of              04.07.2024
       residence and produce PAN
       card and Aadhar Card and
       the direction to the bank not
       to issue any cheque
       book/debit card to the
       claimant(s) and make an
       endorsement to this effect
       on the passbook(s).
    17 Date    on    which    the
       claimant(s) produced the
       passbook of their savings
                                                 26.02.2026
       bank account(s) near the
       place of their residence
       alongwith the endorsement,
       PAN card and Aadhaar
                                                                  Digitally
                                                                  signed by
                                                                  RUCHIKA
    
           MACT No.466/2024                               RUCHIKA SINGLA
                                                          SINGLA Date:
                                                                  2026.04.08
    
    
           Vechan Paswan vs. Saif Ali and Ors.                                 Page 33 of 34
                                                                  15:10:43
                                                                  +0530
         Card?
    18 Permanent          residential
       address of the claimant(s).                        As per Award.
    
    19 Whether the claimant(s)
       savings bank account(s) is
                                                                Yes
       near    their  place    of
       residence?
    20 Whether the Claimant(s)
       were examined at the time
    

    Yes. The Financial Statement of the claimant
    of passing of the Award to
    was recorded on 26.02.2026.

    ascertain his/their financial
    condition?

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.08
    15:10:47
    +0530

    (RUCHIKA SINGLA)
    PO, MACT-01, CENTRAL DISTRICT,
    TIS HAZARI COURTS, DELHI.

    08.04.2026

    MACT No.466/2024
    Vechan Paswan vs. Saif Ali and Ors. Page 34 of 34

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