Kela Devi vs Ravi on 18 April, 2026

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    Delhi District Court

    Kela Devi vs Ravi on 18 April, 2026

    Kela Devi vs Ravi and Ors.                                Page 1 of37
    
         IN THE COURT OF MS. DEEPIKA SINGH, PRESIDING
          OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL,
          NORTH WEST DISTRICT, ROHINI COURTS, DELHI
    New No. 451448/16
    UNIQUE ID No.: DLNW01-006939-2016
    
    Kela Devi
    W/o Sh. Om Prakash
    R/o 246, Harijan Basti,
    VPO Jaunti, Delhi
                                                       ........ Petitioner/claimant
    
                                  Versus
    
    1. Ravi @ Banti
    S/o Sh. Subhash
    R/o 233, Harijan Basti,
    Village & Post Office Jaunti, Delhi
                                                                ....... Driver/R1
    2. Naveen
    S/o Sh. Ran Singh
    R/o 501, Main Bus Stand Wali Gali,
    Village & Post Office Jaunti, Delhi
                                                               ....... Owner/R2
                                                               ..... Respondents
    
    DATE OF INSTITUTION                                            : 08.09.2016
    DATE OF RESERVING JUDGMENT                                     : 16.04.2026
    DATE OF PRONOUNCEMENT                                          : 18.04.2026
    
                                           FORM - V
    
    COMPLIANCE OF THE PROVISIONS OF THE MODIFIED
    CLAIMS TRIBUNAL AGREED                            PROCEDURE TO                BE
    MENTIONED                    IN   THE    AWARD      AS     PER          FORMAT
    REFERRED IN THE ORDER PASSED BY THE HON'BLE
    DELHI HIGH COURT IN FAO 842/2003 RAJESH TYAGI Vs.
    JAIBIR SINGH & ORS. VIDE ORDER DATED 07.12.2018.
    
                                                                             Page 1 of37
     Kela Devi vs Ravi and Ors.                       Page 2 of37
    
    
      1. Date of the accident                           23.06.2016
      2. Date of intimation of the accident by the       08.09.2016
         investigating officer to the Claims
         Tribunal
      3. Date of intimation of the accident by the        Offending
         investigating officer to the insurance           Vehicle is
         company.                                         uninsured
    
      4. Date of filing of Report under section Not available on
         173 Cr.P.C. before the Metropolitan         record
         Magistrate
      5. Date of filing of Detailed Accident             08.09.2016
         Information Report (DAR) by the
         investigating Officer before Claims
         Tribunal
      6. Date of Service of DAR on the                         N/A
         Insurance Company
      7. Date of service of DAR on the claimant          08.09.2016
         (s).
      8. Whether DAR was complete in all                       Yes
         respects?
      9. If not, whether deficiencies in the DAR               N/A
         removed later on?
     10. Whether the police has verified the                   Yes
         documents filed with DAR?
     11. Whether there was any delay or                            No
         deficiency on the part of the
         Investigating Officer? If so, whether
         any action/direction warranted?
     12. Date of appointment of the Designated            Offending
         Officer by the insurance Company.                Vehicle is
                                                          uninsured
     13. Name, address and contact number of              Offending
         the Designated Officer of the Insurance          Vehicle is
         Company.                                         uninsured
     14. Whether the designated Officer of the            Offending
         Insurance Company submitted his                  Vehicle is
                                                                        Page 2 of37
     Kela Devi vs Ravi and Ors.                        Page 3 of37
    
    
             report within 30 days of the DAR?             uninsured
             (Clause 22)
     15. Whether the insurance company                     Offending
         admitted the liability? If so, whether the        Vehicle is
         Designated Officer of the insurance               uninsured
         company      fairly      computed      the
         compensation in accordance with law.
     16. Whether there was any delay or                    Offending
         deficiency on the part of the Designated          Vehicle is
         Officer of the Insurance Company? If              uninsured
         so, whether any action/direction
         warranted?
     17. Date of response of the claimant (s) to           Offending
         the offer of the Insurance Company .              Vehicle is
                                                           uninsured
     18. Date of the Award                                18.04.2026
     19. Whether the award was passed with the                      No
         consent of the parties?
     20. Whether the claimant(s) were directed                  Yes
         to open saving bank account(s) near
         their place of residence?
     21. Date of order by which claimant(s) were          29.05.2023
         directed to open saving bank account (s)
         near his place of residence and produce
         PAN Card and Aadhar Card and the
         direction to the bank not issue any
         cheque book/debit card to the
         claimant(s) and make an endorsement to
         this effect on the passbook(s).
     22. Date on which the claimant (s)                   02.04.2025
         produced the passbook of their saving
         bank account near the place of their
         residence along with the endorsement,
         PAN Card and Aadhar Card?
     23. Permanent Residential Address of the           As mentioned
         Claimant(s)                                       above
     24. Details of saving bank account(s) of the      Petitioner Smt.
         claimant(s) and the address of the bank         Kela Devi
                                                                         Page 3 of37
     Kela Devi vs Ravi and Ors.                          Page 4 of37
    
    
             with IFSC Code                            savings bank a/c
                                                       No.40574025897
                                                         , SBI, Jonti
                                                       Village Branch,
                                                            Delhi
                                                            IFSC :
                                                        SBIN0050487
     25. Whether the claimant(s) saving bank                      Yes
         account(s)  is near his place of
         residence?
     26. Whether the claimant(s) were examined                    Yes
         at the time of passing of the award to
         ascertain his/their financial condition.
     27. Account number/CIF No, MICR 41065170303,
         number, IFSC Code, name and branch         110002427,
         of the bank of the Claims Tribunal in SBIN0010323,
         which the award amount is to be           SBI, Rohini
         deposited/transferred. (in terms of order Courts, Delhi
             dated 18.01.2018 of Hon'ble Delhi High
             Court in FAO 842/2003 Rajesh Tyagi vs
             Jaibir Singh.
    
    JUDGMENT
    

    1. The Detailed Accident Report (hereinafter referred to as
    DAR), was filed in this case on 08.09.2016, with reference
    to FIR No. 247/16, U/s 279/337/304A IPC, PS Kanjhawala,
    Delhi, in respect of simple hurt, sustained by the petitioner
    Smt. Kela Devi, in a road traffic accident, on 23.06.2016, at
    about 6.30 pm, at Bamnoli Road, near Community Center,
    Village Jaunti, Delhi. The Ld. Predecessor of this Tribunal,
    vide order dated 08.09.2016, treated the DAR, as claim
    petition U/s 166(4) of the Motor Vehicles Act, 1988
    (hereinafter referred to as ‘M.V.Act’). Subsequently,
    chargesheet was filed by the IO, against Ravi @ Bantu S/o
    Page 4 of37
    Kela Devi vs Ravi and Ors. Page 5 of37

    Sh. Subhash (hereinafter referred to as the driver of the
    offending vehicle/respondent no.1/R1), for the alleged
    commission of offence U/s 279/338/304A IPC and U/s
    3/181, 146/196 and 185 of M.V. Act because, at the time of
    accident, the offending vehicle was found to be driven by
    driver under the influence of alcohol, without holding any
    valid and effective driving license and without valid
    insurance cover and the injuries sustained by the petitioner
    were found to be grievous in nature.

    SPONSORED

    2. Brief facts of the case, as discernible from the DAR,
    including the documents annexed with the DAR, are that,
    on 23.06.2016 at about 6.30 pm, the petitioner Smt Kela
    Devi (hereinafter referred to as the
    claimant/petitioner/injured), along with her daughter in law
    Smt Babita, were going for walking towards the fields and
    when they reached at Bamnoli Road, near Community
    Center, Village Jaunti, Delhi, then one boy was coming on a
    motorcycle Bajaj Platina bearing registration no.
    DL-8SAQ-6218 (hereinafter referred to as the offending
    vehicle) from the front side, which was being driven in a
    rash and negligent manner by its driver Sh. Ravi @ Banti
    S/o Sh. Subhash (hereinafter referred to as ‘Respondent
    no.1/R1/driver) who had hit the petitioner as well as one
    other lady Smt Vimla W/o Sh. Hari Ram. It was further
    alleged that, as a result of the said impact, the petitioner as
    well as other lady Smt Vimla fell down on the road and
    sustained injuries. It was further alleged that R1 also fell
    Page 5 of37
    Kela Devi vs Ravi and Ors. Page 6 of37

    down on the road. It was further alleged that thereafter,
    somebody had called at 100 number and she took the
    petitioner in a private car to Savitri Hospital, Kanjhawala,
    Delhi (hereinafter referred to as Savitri Hospital), where
    the petitioner was medically examined, vide MLC No.
    521/2016 dated 23.06.2016. The other lady Smt Bimla had
    been taken to Jaipur Golden Hospital, Sector-3, Rohini,
    Delhi where she was medically examined but she
    succumbed to the injuries vide MLC No. 13343/2016.

    3. As per DAR, at the time of accident, the offending vehicle
    was driven by R1, the same was registered in the name of
    Naveen S/o Sh. Ran Singh (hereinafter referred as owner of
    the offending vehicle/respondent no.2/R2) and the
    offending vehicle was found to be uninsured at the time of
    accident.

    4. R1 filed his written statement, wherein it was stated that R1
    has been falsely implicated by the police in the alleged
    accident case vide FIR No. 247/2016, U/s 279/338/304A
    IPC & 185, 3/181,146/196 M.V. Act PS Kanjhawala. It was
    further stated that he has nothing to do with the said
    accident the accident was probably took place. It was
    further stated that R1 never consumed the liquor at any
    point of time. It was further stated that eye witness Smt
    Babita W/o Sh. Joginder R/o Harijan Basit VPO Jaunti,
    Delhi and other witnesses have been falsely planted in the
    above said case. It was further stated that R1 is neither the
    Page 6 of37
    Kela Devi vs Ravi and Ors. Page 7 of37

    owner of the vehicle no. DL-8S-AQ-6218 nor it is
    pertaining to R1 in any manner. It is prayed that the claim
    petition be dismissed.

    5. No written statement had been filed on behalf of R2.

    6. From the pleadings of the parties, following issues were
    framed by the Learned Predecessor, vide order dated
    11.05.2017:-

    1. Whether on 23.06.2016 at about 6.30 pm, at Sadak Sare
    Aam, Bamnoli Road, near Community Centre, Village
    Jaunti, Delhi, one motorcycle bearing registration no.

    DL8S-AQ-6218, which was being driven rashly and
    negligently by Ravi and hit Smt Kela Devi and caused
    injuries to her? OPP

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

    3. Relief.

    7. After framing of issues, opportunities were given to all the
    parties, to prove their respective averments, by leading
    evidence in support of the same. In support of their
    respective versions, the petitioner has examined herself as
    PW1 and R1 has examined himself as R1W1.

    8. In support of her case, the petitioner got herself examined
    as PW1, by way of evidence affidavit Ex.PW1/A. She has
    relied upon the copy of her aadhar card as Ex.PW1/1 and
    Page 7 of37
    Kela Devi vs Ravi and Ors. Page 8 of37

    the entire DAR as Ex.PW1/2(Colly). Her deposition qua the
    accident and injuries sustained in the case accident, is
    reiteration of the facts mentioned in the DAR/claim
    petition. She further deposed that he has spent more than
    Rs. 2 lacs on her treatment, operation, medicines,
    conveyance, tests, scan, X-rays, special diet, attendant
    charges etc. She further deposed that she is housewife and
    she was taking care of the family and was having lot of
    responsibilities to be performed. She further deposed that
    she is compelled to bear the unbearable pain, agony,
    physical and mental pain, harassment. She further deposed
    that she has become disabled from the left leg and she has
    to live entire life with this disability in future. She further
    deposed that driver, owner and insurer of the offending
    vehicle are jointly and severally liable to pay compensation
    to her. She further deposed that she claims an amount of Rs.
    20 lacs on account of expenditure occurred on her treatment
    and towards mental pain and suffering and agony, loss of
    enjoyment of life, permanent disability, loss of prospective
    income and future prospective income, attendant charges,
    medical bills, future treatment and special diet etc.

    9. PW1 was cross-examined by Ld. Counsel for R1, wherein
    she deposed that the accident occurred on 23.06.2016. She
    further deposed that on that day, at about 6:30 pm, she
    alongwith her daughter-in-law and 7-8 other women were
    going for walking from the house. She further deposed that
    the name of her said daughter-in-law was Smt. Babita. She
    Page 8 of37
    Kela Devi vs Ravi and Ors. Page 9 of37

    further deposed that the names of other women with her at
    that time were Smt. Santra Devi, Smt. Bimla, Smt. Darshan,
    Smt. Bala, Smt. Shubham and Smt. Suman. She further
    deposed that the said Smt. Suman is aged about 30-35
    years. She admitted that in her evidence by way of
    affidavit, she has not mentioned that there were 7-8 other
    women with her at the time of accident. She denied the
    suggestion that as she has not mentioned the names of said
    7-8 women in her evidence by way of affidavit, hence they
    were not accompanying her at that time. She further
    deposed that while she was going for walking towards the
    farms then a motorcycle being driven at a high speed with
    his foot on the safety guard was coming from the opposite
    direction and hit her. She further deposed that the
    motorcycle driver was in a muffled face with a cloth and
    only his eyes were visible. She further deposed that she
    was conscious after the accident. She further deposed that
    the motorcycle hit her right leg. She denied the suggestion
    that she fell down after hitting a stone lying on the road or
    that she was not hit by any motorcycle. She further
    deposed that after about five minutes of the accident, one of
    his neighbour namely Sh. Ramesh (since expired) was
    coming on that road in his car and he shifted her to Savitri
    Hospital, Kanjhawala. She further deposed that she cannot
    tell the registration number of the car in which she was
    shifted to said hospital. She further deposed that the
    registration number of the offending motorcycle was 6218.
    She denied the suggestion that she is telling a false
    Page 9 of37
    Kela Devi vs Ravi and Ors. Page 10 of37

    registration number. She further deposed that the said
    motorcycle was of black colour. She further deposed that
    she cannot tell the make of said motorcycle as she is
    illiterate. She further deposed that her dewrani namely
    Smt. Bharpai and the daughter of her Jeth namely Smt.
    Indra also sustained minor injuries in the said accident. She
    further deposed that they were not shifted to the hospital
    and went back on their own to their respective houses after
    the accident. She further deposed that the police inquired
    from her at the hospital. She further deposed that police
    took her thumb impressions on the statement and
    documents. She admitted that she has not placed on record
    any bill regarding the attendant charges or special diet or
    future treatment etc. She further admittd that she has not
    filed any medical bills and medical prescription on record.
    She further deposed that she remained admitted in the
    hospital for about one month after the case accident i.e from
    23.06.2016 till 22.07.2016. She denied the suggestion that
    she did not remain admitted in the hospital for one month
    after the accident. She further deposed that she, Bharpai
    and Indra sustained injuries in the accident whereas Smt.
    Bimla expired due to the injuries sustained in the accident.
    She further deposed that Smt. Bimla was shifted with her in
    the abovesaid car of her neighbour to Savitri Hospital and
    at that time she was having some breaths, from said hospital
    she was shifted to some other hospital and she expired
    there. She admitted that she has not mentioned in her
    evidence by way of affidavit that Smt. Bimla was also
    Page 10 of37
    Kela Devi vs Ravi and Ors. Page 11 of37

    shifted to Savitri Hospital with her in the same car. She
    denied the suggestion that as she has not mentioned this
    fact in her evidence by way of affidavit, hence she is
    deposing falsely qua this fact. She denied the suggestion
    that she is relying upon false documents. She further
    denied the suggestion that she is relying upon false
    documents as mentioned in paragraph No.6 of her affidavit
    Ex.PW1/1 in file bearing MACT No. 51448-16. She
    further denied the suggestion that Smt. Bimla also expired
    due to injuries sustained while hitting a stone on the road or
    that she is deposing falsely to help her LR’s to get the
    MACT Claim. She denied the suggestion that she is
    deposing falsely.

    10. PW1 was not cross-examined on behalf of R2 despite grant
    of opportunity.

    11. R1 has examined himself as R1W1, by way of evidence
    affidavit Ex.R1W1/A. He deposed that he has been falsely
    implicated by the police in the alleged accident case vide
    FIR No. 247/2016, U/s 279/338/304A IPC & Sec. 185,
    3/181, 146/196 M.V. Act PS Kanjhawala. He further
    deposed that he has nothing to do with the said accident. He
    further deposed that the eye witness Smt Babita W/o Sh.
    Joginder R/o Harijan Basti, VPO Jaunti, Delhi and other
    witnesses have been falsely planted in the above said case
    in order to get MACT compensation. He further deposed
    Page 11 of37
    Kela Devi vs Ravi and Ors. Page 12 of37

    that he is neither owner of vehicle no. DL-8SAQ-6218 nor
    is is pertaining to him in any manner. He further deposed
    that he has no concern with present DAR and the contents
    which have implicated him are false and specifically
    denied.

    12. R1W2 was cross-examined Ld. Counsel for petitioner,
    wherein he admitted that he admitted that the FIR in the
    present case has been registered against him. He further
    admitted that he had been arrested by the police and
    thereafter, released on bail in the present case. He denied
    the suggestion that he is the owner of the offending vehicle.
    He admitted that a criminal case is also pending trial before
    the court of Ld. MM against him. He denied the suggestion
    that he has committed any accident as mentioned in the
    present case or the said accident had taken place due to his
    negligence. He denied the suggestion that he has filed the
    false affidavit. R1W1 was not cross-examined by R2
    despite grant of opportunity.

    13. This Tribunal has heard the final arguments, as advanced
    by Ld. Counsel for the parties and have carefully perused
    the records.

    14. On appreciation of evidence, as adduced by the parties, in
    support of their respective versions, the issue-wise findings
    of this Tribunal are reproduced herein below:

    Page 12 of37
    Kela Devi vs Ravi and Ors. Page 13 of37

    ISSUE No. 1
    Whether on 23.06.2016 at about 6.30 pm, at Sadak Sare Aam,
    Bamnoli Road, near Community Centre, Village Jaunti, Delhi,
    one motorcycle bearing registration no. DL8S-AQ-6218, which
    was being driven rashly and negligently by Ravi and hit Smt
    Kela Devi and caused injuries to her? OPP

    15. The onus of proving this issue, on preponderance of
    probabilities was upon the petitioner/claimant. For deciding
    the present issue, the testimony of PW1 Smt. Kela Devi is
    relevant, being an eyewitness as well as the
    injured/petitioner. PW1 Smt. Kela Devi has deposed that on
    23.06.2016 at about 6.30 pm, she along with her daughter
    in law Smt Babita, were going for walking towards the
    fields and when they reached at Bamnoli Road, near
    Community Center, Village Jaunti, Delhi, then one boy was
    coming on a motorcycle Bajaj Platina bearing registration
    no. DL-8SAQ-6218 from the front side, which was being
    driven in a rash and negligent manner by its driver/R1 Ravi
    @ Banti S/o Sh. Subhash who had hit her as well as one
    other lady Smt Vimla W/o Sh. Hari Ram. She further
    deposed that as a result of the said impact, she as well as
    other lady Smt Vimla fell down on the road and sustained
    injuries. She further deposed that R1 also fell down on the
    road. She further deposed that thereafter, somebody had
    called at 100 number and Smt Babita took her in a private
    car to Savitri Hospital, Kanjhawala, Delhi, where she was
    medically examined, vide MLC No. 521/2016 dated
    23.06.2016. She further deposed that the other lady Smt
    Page 13 of37
    Kela Devi vs Ravi and Ors. Page 14 of37

    Vimla had been taken to Jaipur Golden Hospital, Sector-3,
    Rohini, Delhi where she was medically examined but she
    succumbed to the injuries vide MLC No. 13343/2016.

    16. PW1 was also cross-examined by Ld. Counsel for R1 but,
    he failed to impeach the credibility of PW1 and failed to
    elicit any admissions, from the testimony of PW1, so as to
    prove, that the alleged accident had not taken place, with
    the offending vehicle or due to rash and negligent driving
    of the offending vehicle by R1. Though, during the course
    of cross examination of PW1, suggestions were put to
    PW1, that she fell down after hitting a stone lying on the
    road or that she was not hit by any motorcycle or that Smt
    Bimla also expired due to injuries sustained while hitting a
    stone on the road, but, PW1 denied the said suggestions.
    Moreover, R1 has examined himself as R1W1 by way of
    evidence affidavit as Ex.R1W1/A, who deposed that he has
    been falsely implicated by the police in the alleged
    accident case vide FIR No. 247/2016, U/s 279/338/304A
    IPC & Sec. 185, 3/181, 146/196 M.V. Act PS Kanjhawala.
    He further deposed that he has nothing to do with the said
    accident. He further deposed that the eye witness Smt
    Babita W/o Sh. Joginder R/o Harijan Basti, VPO Jaunti,
    Delhi and other witnesses have been falsely planted in the
    above said case in order to get MACT compensation. He
    further deposed that he is neither owner of vehicle no.
    DL-8SAQ-6218 nor it is pertaining to him in any manner.
    However, when R1W1 was cross-examined by Ld. counsel
    Page 14 of37
    Kela Devi vs Ravi and Ors. Page 15 of37

    for petitioner, wherein he admitted that the FIR in the
    present case has been registered against him. He further
    admitted that he had been arrested by the police and
    thereafter, released on bail in the present case. He admitted
    that a criminal case is also pending trial before the court of
    Ld. MM against him.

    17. The testimony of PW1 and R1W1 proves that R1 was the
    driver of the offending vehicle and he was driving the
    offending vehicle at the time of accident. The version of
    the petitioner/PW1 corroborates with the MLC No. 520/16
    of R1 prepared in Savitri Hospital, placed on record in the
    DAR that he also fell down on the road and sustained
    injuries. Post mortem report of one of the victim Smt Vimla
    also corroborates the version of PW1/petitioner wherein on
    perusal, it reveals the cause of death is due to hemorrhagic
    shock as a result of pelvic injury due to the blunt force
    impact and the injuries were ante-mortem in nature and
    possible in manner as alleged. Moreover, the FIR has been
    registered on the basis of statement made by the daughter
    in law of petitioner namely Smt Babita which also
    corroborates the version of PW1 that the accident has been
    caused by R1 while driving the offending vehicle in a rash
    and negligent manner. Even otherwise, R1 failed to lead
    any evidence, in his defence, to prove that there was no
    negligence on his part or that he was falsely implicated in
    this case by the IO, in connivance with the petitioner.
    Further, R1 also failed to prove, that he has ever
    Page 15 of37
    Kela Devi vs Ravi and Ors. Page 16 of37

    approached to any higher authority, with respect to his false
    implication, in the present case. Consequently, in view of
    the unrebutted testimony of PW1, it stands duly proved,
    that the accident had taken place, due to rash and negligent
    driving of the offending vehicle by R1.

    Issue no.1 is accordingly decided in favour of the
    petitioner and against the respondents.

    ISSUE No. 2

    Whether petitioner is entitled to compensation, if so, to what
    amount and from whom?OPP

    18. In view of the findings of this Tribunal, qua issue no.1
    regarding negligence of R1, resulting in the occurrence of
    the case accident, this Tribunal is of the considered
    opinion that the petitioner/claimant is entitled to
    compensation, in respect of pain and suffering, medical
    expenses, special diet charges, conveyance charges and
    other expenditure incurred by her, on the account of
    injuries sustained in the above-mentioned road traffic
    accident. This Tribunal shall now examine the entire
    evidence including the documents of the
    petitioner/claimant, for the purpose of arriving at a finding
    about the quantum of compensation, to which the
    petitioner/claimant is entitled.

    
    
    
    
                                                                         Page 16 of37
     Kela Devi vs Ravi and Ors.                           Page 17 of37
    
    

    19. Section 168 of the Act enjoins the Claim Tribunal to hold
    an inquiry into the claim to make an award determining
    the amount of compensation, which appears to it to be just
    and reasonable. It has to be borne in mind that the
    compensation is not expected to be a windfall or a bonanza
    nor it should be niggardly.

    MEDICAL EXPENSES

    20. The petitioner has failed to prove on record any medical
    bills pertaining to her treatment for the injuries sustained in
    the case accident. Thus, this Tribunal deems it appropriate,
    to award Nil compensation to the petitioner, under the head
    of medical expenses.

    SPECIAL DIET AND CONVEYANCE

    21. The petitioner had sought compensation, on account of
    special diet and conveyance but she has not specified the
    exact amount. However, she has not placed on record, any
    prescription slip of a doctor, medical practitioner or
    dietitian, issued in her name (the name of the petitioner),
    advising her to take any form of special diet or any bill of
    special diet, such as high protein diet or liquid diet or
    nutritional supplements, for speedy recovery of the injuries,
    sustained in the case accident.

    
                                                                        Page 17 of37
     Kela Devi vs Ravi and Ors.                          Page 18 of37
    
    

    22. Further, the petitioner has also not placed on record, any
    bill of conveyance, such as bills raised by any private taxi
    service or ambulance service, availed by her, for travelling
    to the hospital, from her residence or vice versa, during her
    treatment period. In such circumstances, the requirement of
    special diet and conveyance, if any faced by the petitioner,
    during her treatment period, has to be ascertained, in
    accordance with the nature of injuries sustained by the
    petitioner.

    23. In this context, a perusal of court record reveals that as per
    the MLC of the petitioner, the petitioner has sustained
    grievous injuries, due to the accident. Perusal of record
    further reveals that no treatment record has been placed on
    record by the petitioner qua the injuries sustained in the
    case accident.

    24. Besides this, the disability certificate of the petitioner,
    bearing No. 1384, dated 18.10.2018 issued by Dr. Baba
    Sahab Ambedkar Hospital, has been received in this court,
    as per which, the petitioner has sustained 9% permanent
    disability, in relation to right lower limb, with diagnosis of
    post traumatic stiffness of right ankle and foot. During the
    course of cross-examination of PW1, no suggestion or
    question was put to her as to the genuineness of said
    disability certificate.

    
    
    
    
                                                                       Page 18 of37
     Kela Devi vs Ravi and Ors.                          Page 19 of37
    
    

    25. Thus, considering 9% physical permanent disability, in
    relation to right lower limb, as sustained by the petitioner,
    the period of treatment cum recuperation, in case of the
    petitioner is ascertained to be about 06 months.
    Consequently, this Tribunal is of the opinion that during her
    treatment cum recuperation period, the petitioner must have
    incurred expenses, in procuring special diet, for speedy
    recovery, as well as in travelling from her residence to
    hospital and vice versa. Accordingly, a lump sum amount of
    Rs.40,000/-, is granted under this head, to the petitioner,
    which includes Rs. 20,000/- each, towards special diet and
    conveyance respectively.

    ATTENDANT CHARGES

    26. The petitioner had sought compensation, on account of
    expenditure, incurred by her, towards attendant charges etc.
    She has however, not specified the exact amount spent by
    her, towards attendant charges. The petitioner has further
    failed to place on record, any receipt, as to any payment
    being made by her to any agency, from which, she had
    hired any attendant or any document to show credit of any
    amount to any attendant or agency. She had also failed to
    examine any attendant, allegedly hired by her, during the
    said period. However, taking into consideration, the fact
    that the petitioner has duly proved that as a result of the
    accident, she has sustained grievous injuries, with 15%
    permanent disability, in relation to right lower limb, with
    Page 19 of37
    Kela Devi vs Ravi and Ors. Page 20 of37

    with diagnosis of post traumatic myalgia of left leg, and as
    her treatment cum recuperation period has already been
    assessed to be about 06 months, therefore, this Tribunal is
    of the opinion, that the petitioner must have felt compelled
    to avail services of a medical attendant or a family member
    as an attendant for self care activities, such as, bathing,
    dressing up, using the rest room, combing her hairs, eating
    etc., during her treatment cum recuperation period of 06
    months. Accordingly, this Tribunal deems it appropriate, to
    award a lump sum amount of Rs.30,000/-, as compensation
    to the petitioner, under this head, towards attendant charges.

    COMPENSATION DUE TO PERMANENT DISABILITY/
    LOSS OF FUTURE EARNING CAPACITY DUE TO
    DISABILITY

    27. In her evidence, the petitioner has claimed compensation,
    on account of loss of income, due to permanent disability
    sustained by the petitioner, in the case accident.

    28. Perusal of the court record reveals that as per disability
    certificate bearing No. 1384, dated 18.10.2018, as per
    which, the petitioner has sustained 9% permanent disability,
    in relation to right lower limb, with diagnosis of post
    traumatic stiffness of right ankle and foot.

    29. The Hon’ble Delhi High Court in its order passed in case of
    Rajesh Tyagi & Ors vs Jaibir Singh & Ors, FAO 842/2003,
    Page 20 of37
    Kela Devi vs Ravi and Ors. Page 21 of37

    date of order 09.03.2018 has inter alia held that same
    percentage of permanent disability may have different
    impact upon earning capacity of different individuals based
    upon the nature of their work. Relevant extract of
    observations made in para no.6.4 and 6.5 of the judgment
    passed by Hon’ble High Court of Delhi in the above named
    case is reproduced hereinbelow:

    “6.4 The same permanent disability may result in different
    percentages of loss of earning capacity in different
    persons, depending upon the nature of profession,
    occupation or job, education and other factors.
    6.5. Ascertainment of the effect of the permanent
    disability on the actual earning capacity involves three
    steps:

    (i) The Tribunal has to first ascertain what activities the
    claimant could carry on in spite of the permanent disability
    and what he could not do as a result of the permanent
    disability (this is also relevant for awarding compensation
    under the head of loss of amenities of life).

    (ii) The second step is to ascertain his avocation,
    profession and nature of work before the accident, as also
    his age.

    (iii) The third step is to find out whether :

    a) The claimant is totally disabled, earning any kind of
    livelihood, or

    b) Whether in spite of the permanent disability, the
    claimant could still effectively carry on the activities and
    functions, which he was earlier carrying on, or

    c) Whether he was prevented all restricted from
    discharging his previous activities and functions, but could
    carry on some other or lesser scale of activities and
    functions so that he continues to earn or can continue to
    earn his livelihood.”

    30. In the light of above cited observations made by Hon’ble
    High Court of Delhi, in the decided case of Rajesh Tyagi &

    Page 21 of37
    Kela Devi vs Ravi and Ors. Page 22 of37

    Ors vs Jaibir Singh & Ors (supra), it can be safely
    concluded that same percentage of permanent disability can
    have different impact on functional capacity and earning
    potential of an individual depending upon the nature of his
    job. Therefore, the functional disability has to be
    ascertained, taking into consideration its impact on the
    work of the claimant.

    31. In the present matter, the petitioner/PW1 deposed that at the
    time of accident, she is a housewife and she was taking care
    of her family and was having a lot of responsibilities to be
    performed but now she is compelled to bear the unbearable
    pain and agony and she has become disabled. However,
    during the course of cross-examination of PW1, no
    suggestion or question has been put to the petitioner that
    she was doing nothing.

    32. She has also not proved on record, her educational
    qualification. Thus, this Tribunal is of the considered view,
    that the petitioner, at best can be considered as housewife
    and considering her social status, entitled for minimum
    wages, of a skilled person.

    33. As per Aadhar card of the petitioner, at the time of accident,
    the petitioner was residing at House No. 246, Harijan Basti,
    VPO Jaunti, District North West Delhi, Delhi-1100081.
    Accordingly, the petitioner is entitled to minimum wages,
    payable to a skilled person, in the area of NCT of Delhi, as
    Page 22 of37
    Kela Devi vs Ravi and Ors. Page 23 of37

    on the date of occurrence of the case accident. The
    minimum wages of a skilled person, in the area of NCT of
    Delhi was Rs.10,764/- per month, as on the date of
    accident. Accordingly, it would be reasonable and just to
    consider the income of the petitioner as Rs.10,764/- per
    month, on the date of occurrence of the case accident i.e. on
    23.06.2016.

    34. Though, as per disability certificate bearing No. 1384, dated
    18.10.2018, the petitioner has sustained 9%, permanent
    disability in relation to right lower limb, with diagnosis of
    post traumatic stiffness of right ankle and foot. The
    petitioner would be unable to do squatting, cross legged
    sitting, kneeling and taking turns and the patient would feel
    difficulty in climbing stairs, walking on slope and plain
    surface. Therefore, considering the foregoing discussion,
    her functional disability is taken as 4.5%.

    Addition of Future Prospects.

    35. In respect of entitlement of the petitioner to addition of
    future prospects in her monthly income, reference should be
    made to the latest Constitutional Bench Judgment of
    Hon’ble Supreme Court of India in case of National
    Insurance Company Limited vs. Pranay Sethi & Ors
    , SLP
    (Civil) No. 25590 of 2014, date of decision 31.10.2017,
    wherein, the Hon’ble Apex Court interalia held as under:-.

    61. In view of the aforesaid analysis, we proceed to record
    Page 23 of37
    Kela Devi vs Ravi and Ors. Page 24 of37

    our conclusions:-

    (i)……………………………………………………………………………..

    (ii) ………………………………………………………………………….

    (iii) While determining the income, an addition of 50% of
    actual salary to the income of the deceased towards future
    prospects, where the deceased had a permanent job and
    was below the age of 40 years, should be made. The
    addition should be 30% , if the age of the deceased was
    between 40 to 50 years. In case the deceased was between
    the age of 50 to 60 years, the addition should be 15%.
    Actual salary should be read as actual salary less tax.

    (iv) In case the deceased was self-employed or on a fixed
    salary, an addition of 40% of the established income
    should be the warrant where the deceased was below the
    age of 40 years. An addition of 25% where the deceased
    was between the age of 40 to 50 years and 10% where the
    deceased was between the age of 50 to 60 years should be
    regarded as the necessary method of computation. The
    established income means the income minus the tax
    component.

    (v) For the determination of the multiplicand, the
    deduction for personal and living expenses, the tribunals
    and the courts shall be guided by paragraphs 30 to 32 of
    Sarla Verma which we have reproduced herein before.

    (vi) The selection of multiplier shall be as indicated in the
    Table in Sarla Verma read with paragraph 42 of that
    judgment.

    (vii) The age of the deceased should be the basis for
    applying the multiplier.

    (viii) Reasonable figures on conventional heads, namely,
    loss of estate, loss of consortium and future expenses
    should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/-

    respectively. The aforesaid amounts should be enhanced at
    the rate of 10% in every three years. ”

    (…. Emphasis Supplied)

    36. Reference is also made to the case of Sanjay Oberoi vs
    Manoj Bageriya, MAC APPEAL
    829/2011 decided on
    03.11.2017 & Prem Chand vs Shamim Husain & Ors,
    Page 24 of37
    Kela Devi vs Ravi and Ors. Page 25 of37

    MAC.APP. 1003/2017 decided on October 11,2018 by
    Hon’ble Delhi High Court.

    37. The Hon’ble Delhi High Court in the case of Sanjay Oberoi
    (Supra), after referring to the judgment of the Constitution
    bench of Hon’ble Supreme Court of India, in case of
    National Insurance Company Limited vs. Pranay Sethi &
    Ors
    , SLP (Civil) No. 25590 of 2014, date of decision
    31.10.2017 granted element of future prospects of increase
    in the income, in a case where the income of the petitioner
    was notionally assessed on the basis of minimum wages
    with functional disability @ 10%.

    38. As per PAN card and Aadhar card of the petitioner, her date
    of birth is 01.01.1960 and the accident in question has taken
    place on 23.06.2016, therefore the age of the injured, at the
    time of accident was 56 years, 05 months and 22 days. In
    view of paragraph no. 61 (iv) of above said judgment in
    Pranay Sethi (Supra), the petitioner would be entitled to an
    addition of 10% of the established income, as she was
    between the age of 50 to 60 years at the time of her
    accident. The monthly income of the petitioner is thus
    calculated as Rs.10,764/- + 10% of 10,764, which comes to
    Rs.9,542/-+ 1,076.4 = Rs. 11,840.4.

    39. The age of the petitioner, at the time of accident was about
    56 years, 05 months and 22 days. In the said circumstances,
    the relevant multiplier has to be calculated, as per the
    Page 25 of37
    Kela Devi vs Ravi and Ors. Page 26 of37

    judgment passed by Hon’ble Supreme Court of India in the
    case of Sarla Verma vs Delhi Transport Corporation, 2009
    ACJ 1298. As per the guidelines laid down in Sarla Verma
    case by Hon’ble Supreme Court of India, multiplier of 09 is
    to be applied for computing compensation payable to a
    victim of Road Traffic Accident aged between 56 to 60
    years. The compensation is accordingly assessed towards
    loss of earning capacity at Rs.57,544.34 (rounded of to Rs.
    57,545/-) [(Rs.11,840.4/- per month x 12 months x 9 (age
    multiplier) x 4.5/100 (functional disability)].

    Loss of Amenities of Life.

    40. In the present matter, the petitioner has duly proved, that as
    a result of the accident, she has sustained grievous injuries,
    with 9% permanent disability, in relation to right lower
    limb, with diagnosis of post traumatic stiffness of right
    ankle and foot and as her treatment cum recuperation period
    has already been assessed to be about 06 months
    accordingly, it can be safely concluded that the petitioner
    must have suffered loss of enjoyment of life and its
    amenities, due to permanent disability sustained by her,
    which is 9%, on account of having met with the case
    accident and therefore, this Tribunal deems it appropriate,
    to grant a total sum of Rs. 30,000/-, as compensation to the
    petitioner, under the said head of loss of amenities of life.

    
    
    
    
                                                                         Page 26 of37
     Kela Devi vs Ravi and Ors.                          Page 27 of37
    
    PAIN AND SUFFERING
    
    
    

    41. In the evidence, the petitioner has claimed compensation,
    on account of trauma suffered by her, due to the injuries
    sustained in the case accident. However, the petitioner has
    not specified the exact compensation amount, as claimed by
    the petitioner under this head. In the present matter, the
    petitioner has duly proved that as a result of the accident,
    she has sustained grievous injuries, with 9% permanent
    disability, in relation to right lower limb, with diagnosis of
    post traumatic stiffness of right ankle and foot and as her
    treatment cum recuperation period has already been
    assessed to be about 06 months accordingly, this Tribunal is
    of the opinion that the petitioner must have suffered acute
    pain and mental agony, during her treatment and on account
    permanent disability suffered by her. Accordingly, a lump
    sum amount of Rs. 40,000/-, is granted in favour of the
    petitioner under the said head.

    LOSS OF INCOME

    42. Petitioner in her evidence by way of affidavit Ex. PW1/A,
    has deposed that prior to the accident, she was doing
    household and has various responsibilities to be performed.
    Further, in preceding paragraphs, her monthly income has
    already been assessed as Rs. 10,764/- and since the
    treatment-cum-recuperation period of the petitioner has
    already been determined as 06 months. Accordingly, a sum
    Page 27 of37
    Kela Devi vs Ravi and Ors. Page 28 of37

    of Rs.64,584/- (Rs.10,764 x 06 months), is awarded in
    favour of the petitioner, as compensation, under the head of
    loss of income.

    43. Accordingly, the over all compensation which is to be
    awarded to the petitioner comes to Rs. 2,62,129/- which is
    tabulated as below:-

            Sl. No         Compensation                    Award amount
            1.             Pain and suffering              Rs. 40,000/-
            2              Special diet & Conveyance       Rs. 40,000/-
            3.             Attendant Charges               Rs. 30,000/-
            4.             Medical Expenses                    Nil
            5.             Loss of income                  Rs.64,584/-
            6.             Loss of amenities of life       Rs. 30,000/-
    

    7. Loss of future earning capacity Rs. 57,545/-

    Total Rs. 2,62,129/-

    (Rupees Two lakhs Sixty Two Thousand One Hundred and
    Twenty Nine only)

    44. In respect of entitlement of the petitioner to interest on the
    awarded amount, it is noteworthy that the Hon’ble Apex
    Court had in the case of Municipal Corporation of Delhi vs.
    Association of Victims of Uphaar Tragedy
    , 2012 ACJ 48
    (SC) of the back the victims of Uphaar Tragedy be awarded
    compensation with interest @ 9% per annum. Therefore, in
    the interest of justice, in the present case also this court is of
    the opinion that the claimant/petitioner is entitled to interest
    @ 7.50% per annum from the date of filing of
    DAR/petition i.e. w.e.f. 08.09.2016 till realisation of the
    compensation amount.

                                                                          Page 28 of37
     Kela Devi vs Ravi and Ors.                          Page 29 of37
    
    

    45. The amount of interim award, if any, shall however be
    deducted from the above amount, if the same has already
    been paid to the petitioner.

    LIABILITY

    46. In the case in hand, R1 have raised the defence, that he has
    been falsely implicated by the police in the alleged accident
    case and he has nothing to do with the said accident and
    even the eye witness Smt Babita and other witnesses have
    been falsely planted in the above said case in order to get
    MACT compensation. He also raised the defence that the
    petitioner fell down after hitting a stone lying on the road,
    but, the said defence has already been decided against R1
    and R2, while deciding issue no.1, wherein it has already
    been decided that R1 was driving the offending vehicle, in a
    rash and negligent and hit the petitioner, thereby caused
    injuries to her.

    47. In the present matter, the question which arises for
    determination, is as to which of the respondents, is liable to
    pay the compensation amount. Perusal of chargesheet
    reveals that the same has been filed against R1, for the
    commission of offence U/s 279/337 IPC and U/s 185, 3/181
    and U/s 146/196 M.V. Act because, R1 failed to produce his
    valid and effective driving license, found to be driven by
    R1 under the influence of alcohol, and without valid
    insurance cover. R1 failed to lead any evidence to refute the
    Page 29 of37
    Kela Devi vs Ravi and Ors. Page 30 of37

    offences chargesheeted against him It was further stated
    that in reply to notice u/s 133 M.V. Act, R2 has stated that
    offending vehicle was taken by R1 on 23.06.2026 without
    his permission.

    48. Perusal of the record reveals that the offending vehicle was
    registered in the name of R2 Naveen S/o Ran Singh. As
    offending vehicle was registered in the name of R2 Naveen
    but he failed to lead any evidence that R1 has taken away
    his motorcycle/offending vehicle without his permission.
    Had R1 taken away the offending vehicle from possession
    of R2 without his permission, then R2 would have made
    any complaint with the police that R1 has taken away the
    offending vehicle without his permission. As per settled
    proposal of law of Hon’ble Apex Court in the case titled as
    Naveen Kumar vs Vijay Kumar and ors, [2018] 2 SCR
    572, wherein it has been held that registered owner shall be
    liable to pay the compensation. Further, as R1 was driving
    the offending vehicle without holding an effective driving
    license and R2 has also not got his vehicle insured,
    therefore, both R1 and R2, being driver and registered
    owner of the offending vehicle respectively, are jointly and
    severally liable to pay the entire compensation amount to
    the petitioner.

    49. Accordingly, in the case in hand, in terms of order dated
    16.05.2017 of Hon’ble High Court by Hon’ble Mr. Justice
    Page 30 of37
    Kela Devi vs Ravi and Ors. Page 31 of37

    J.R. Midha in case of Rajesh Tyagi Vs. Jaibir Singh and
    Ors., R1 and R2
    are directed to deposit the awarded amount
    of Rs. 2,62,129/- within 30 days from today within the
    jurisdiction of this Tribunal at State Bank of India, Rohini
    Courts Branch, Delhi along with interest at the rate of 7.5%
    per annum from the date of filing of the petition till notice
    of deposition of the awarded amount to be given by R1 and
    R2 to the petitioner and his advocates and to show or
    deposit the receipt of the acknowledgment with the Nazir as
    per rules. R1 and R2 are further directed to deposit the
    awarded amount in the above said bank by means of cheque
    drawn in the name of above said bank along with the name
    of the claimant mentioned therein. The said bank is further
    directed to keep the said amount in fixed deposit in its own
    name till the claimant approaches the bank for
    disbursement, so that the awarded amount starts earning
    interest from the date of clearance of the cheque.

    APPORTIONMENT

    50. Statement of petitioner in terms of clause 29 of MCTAP
    was recorded on 02.04.2025 regarding her savings bank A/c
    with endorsement of MACT claims SB A/c, no loan,
    cheque book & ATM/debit card. I have heard the petitioner
    and learned counsel for the petitioner/claimant regarding
    the financial needs of the injured/petitioner and in view of
    the observations made by the Hon’ble Supreme Court of
    India in the judgment passed in the case of General
    Page 31 of37
    Kela Devi vs Ravi and Ors. Page 32 of37

    Manager, Kerala State Road Transport Corporation Vs.
    Susamma Thomas & Others
    , 1994 (2) SC, 1631, for
    appropriate investments to safeguard the amount from
    being frittered away by the beneficiaries owing to their
    ignorance, illiteracy and being susceptible to exploitation,
    following arrangements are hereby ordered:-

    51. Keeping in view the facts and circumstances of the case,
    and clause 32 of MCTAP, regarding protection of the award
    amount, it is hereby directed that on realization, an amount
    of Rs. 2,62,129/- with uptodate interest be released to her
    in her MACT Claims SB A/c no. 40574025897, SBI Jonti
    Village Branch, Delhi, as per rules, that is, the branch near
    her place of residence (as mentioned in statement recorded
    under clause 29 MCTAP).

    RELIEF

    52. As discussed above, R1 and R2 are directed to deposit the
    award amount of Rs. 2,62,129/- with interest @ 7.50% per
    annum from the date of filing of DAR/petition, that is,
    08.09.2016 till realization within the jurisdiction of this
    Tribunal at SBI, Rohini Court Branch, Delhi within 30 days
    from today under intimation of deposition of the awarded
    amount to be given by R1 and R2 to the petitioner and her
    advocate failing which the R1 and R2 shall be liable to pay
    interest @ 9% per annum from the period of delay beyond
    30 days.

                                                                       Page 32 of37
     Kela Devi vs Ravi and Ors.                             Page 33 of37
    
    

    53. R1 and R2 are also directed to place on record the proof of
    deposit of the award amount, proof of delivery of notice in
    respect of deposit of the amount in the above said bank to
    the claimants and complete details in respect of calculations
    of interest etc. in the court within 30 days from today.

    54. Nazir is directed to place a report on record in the event of
    non-receipt/deposit of the compensation amount within the
    granted time.

    55. In terms of directions contained in the order dated
    07.12.2018 and subsequent order dated 22.02.2019 of
    Hon’ble Mr. Justice J.R. Midha in the case of Rajesh Tyagi
    & Ors vs Jaibir Singh & Ors., FAO
    842/2003, the copy of
    the award be also sent by the Ahlmad of the court to Mr.
    Rajan Singh, Assistant General Manager, State Bank of
    India (as per the list of nodal officers of 21 banks of Indian
    Bank’s Association as circulated to the Motor Accident
    Claims Tribunal vide above mentioned order dated
    22.02.2019 of Hon’ble Delhi High Court) who is the Nodal
    Officer with contact details (022-22741336/9414048606)
    {other details-Personal Banking Business Unit (LIMA)
    13th Floor, State Bank Bhawan, Madame Cama Road,
    Nariman Point, Mumbai-400021} through email
    ([email protected]) through the computer branch of
    Rohini Courts, Delhi. Ahlmad of the court is directed to
    take immediate steps in that regard.

    
    
                                                                          Page 33 of37
     Kela Devi vs Ravi and Ors.                         Page 34 of37
    
    

    56. A copy of this award be forwarded to the concerned Ld.
    Judicial Magistrate First Class and DLSA in terms of the
    orders passed by the Hon’ble High Court in FAO 842/2003
    Rajesh Tyagi Vs. Jaibir Singh & Ors. vide order dated
    12.12.2014.

    57. In view of the directions contained in order dated
    18.01.2018 of Hon’ble Mr. Justice J.R. Midha in FAO no.
    842/2003 titled as Rajesh Tyagi vs Jaibir Singh, the
    statement of petitioner was also recorded on 02.04.2025.

    58. Form IVB which has been duly filled in has also been
    attached herewith. File be consigned to record room as per
    rules after compliance of necessary legal formalities. Copy
    of order be given to parties for necessary compliance as per
    rules. Digitally signed by
    DEEPIKA DEEPIKA SINGH
    SINGH Date: 2026.04.20
    16:51:48 +0530

    Announced in open court (DEEPIKA SINGH)
    on 18th April, 2026 P.O. MACT N/W
    Rohini Courts, Delhi

    Page 34 of37
    Kela Devi vs Ravi and Ors. Page 35 of37

    FORM – IV B
    SUMMARY OF COMPUTATION OF AWARD AMOUNT IN
    INJURY CASES TO BE INCORPORATED IN THE AWARD

    1.Date of accident: 23.06.2016

    2. Name of injured: Kela Devi

    3. Age of the injured: About 56 years, 05 months and 22 days at

    the time of accident.

    4. Occupation of the injured: Homemaker

    5. Income of the injured: Rs. 10,764/- per month.

    6. Nature of injury: Grievous

    7. Medical treatment taken by the injured: About 06 months.

    8. Period of hospitalization: Not applicable

    9. Whether any permanent disability ? If yes, give details: Yes.

    9% Permanent Physical Disability

    10. Computation of Compensation

    S.No. Heads Awarded by the Tribunal

    11. Pecuniary Loss

    (i) Expenditure on treatment Nil

    (ii) Expenditure on conveyance Rs.20,000/-

    (iii) Expenditure on special diet Rs.20,000/-

    (iv) Cost of nursing/attendant Rs.30,000/-

    
    (v)            Loss of earning capacity              Rs.57,544.34/- (rounded off
                                                                        Page 35 of37
     Kela Devi vs Ravi and Ors.                               Page 36 of37
    
                                                            to Rs. 57,545/-)
    
    (vi)           Loss of income                           Rs.64,584/-
    
    (vii)          Any other loss which may require N/A
                   any special treatment or aid to the
                   injured for the rest of his life
    12.            Non-Pecuniary Loss:
    
    (I)            Compensation for            mental   and N/A
                   physical shock
    (ii)           Pain and suffering                       Rs.40,000/-
    
    (iii)          Loss of amenities of life                Rs.30,000/-
    
    (iv)           Disfiguration                            N/A
    
    (v)            Loss of marriage prospects               N/A
    
    (vi)           Loss of earning, inconvenience, N/A
                   hardships,             disappointment,
    

    frustration, mental stress, dejectment
    and unhappiness in future life etc.

    13. Disability resulting in loss of earning capacity

    (i) Percentage of disability assessed and 9% Permanent Physical
    nature of disability as permanent or Disability
    temporary

    (ii) Loss of amenities or loss of N/A
    expectation of life span on account
    of disability

    (iii) Percentage of loss of earning 4.5%
    capacity in relation of disability

    (iv) Loss of future income – (Income X Rs.57,544.34/-[(Rs.

                                                     11,840.4/- per month x12
                   % Earning capacity X Multiplier)
                                                     months x 9(age multiplier) x
                                                                            Page 36 of37
     Kela Devi vs Ravi and Ors.                             Page 37 of37
    
                                                          4.5/100                        (functional
                                                          disability)].
    (v)            Future Medical Expenses                N/A
    
    
    14.            TOTAL COMPENSATION                     Rs. 2,62,129/-
    
    15.            INTEREST AWARDED                       7.50%
    
    

    16. Interest amount up to the date of Rs.1,56,185.19
    (interest stopped w.e.f.

    award
    02.08.2023 to 02.04.2025
    vide order dated 23.09.2024)

    17. Total amount including interest Rs.4,18,314.19 (rounded off

    to Rs. 4,18,315/-)

    18. Award amount released Rs. 4,18,315/-

    19. Award amount kept in FDRs Nil

    20. Mode of disbursement of the award As per award and in terms of
    amount to the claimant (s) clause 29 of MCTAP
    (Clause29)

    21. Next date for compliance of the 17.05.2026
    award. (Clause 31)
    Digitally signed
    DEEPIKA by DEEPIKA
    SINGH
    SINGH Date: 2026.04.20
    16:51:38 +0530
    Announced in open court (DEEPIKA SINGH)
    on 18th April, 2026 P.O. MACT N/W
    Rohini Courts, Delhi

    Page 37 of37



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