Dar-Bhura vs Nadeem And Ors on 14 May, 2026

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    Delhi District Court

    Dar-Bhura vs Nadeem And Ors on 14 May, 2026

           IN THE COURT OF SH. HARUN PRATAP, PO, MACT-02,
          DISTRICT SHAHDARA, KARKARDOOMA COURTS, DELHI
    
                                                              MACT No.: 199/23
    
    IN THE MATTER OF:-
    Sh. Bhura
    S/o Sh. Ratanpal
    R/o H No. E-72, Gali no. 5, East Gokalpur, Delhi.
                                                                ........ Petitioner
    
                                           Vs.
    1. Sh. Nadeem
    S/o Mohd. Saleem
    R/o H No. A-152, Gali no. 4, Kabeer Nagar, Delhi.
                                                                     .... (Driver)
    2. Sh. Faim
    S/o Sh. Mohd. Yasin
    R/o H No. A-7/771, Gali no. 1, Kabeer Nagar, Delhi .
                                                                     .... (Owner)
    
    3. Magma HDI General Insurance Company Ltd.
    F-14, 1st floor, Okhla Industrial Area, Phase-1, Delhi
                                                                    ..... (Insurer)
                                                                ... Respondents
    
    Date of institution of DAR petition           :     06.04.2023
    Date of Arguments                             :     14.05.2026
    Date of Award                                 :     14.05.2026
    
    Advocates appearing in the case:
    For petitioner                                :     Sh. Manmohan Tiwari
    For R1 and R2                                 :     Mohd. Salim
    For respondent no. 3 i.e. insurance Co.       :     Sh. S P S Chauhan
    
    
    
    MACT No. 199/23           DAR- BHURA Vs. NADEEM & ORS.       Page No. 1 of 27
                                                                                      Digitally signed
                                                                                      by HARUN
                                                                       HARUN          PRATAP
                                                                                      Date:
                                                                       PRATAP         2026.05.14
                                                                                      16:37:00
                                                                                      +0530
                                     AWARD
          Vide this award, the Tribunal shall decide the DAR treated as MACT
    claim petition bearing no. 199/23, under section 166(4) & 140 of Motor
    Vehicles Act, 1988, filed for the petitioner/injured and against the
    respondents as mentioned in the memo of parties.
    FACTS OF THE CASE

    1. Briefly stated, the facts of the case are that on 02.02.2020, at about
    01:00 pm, one Atul came to his father’s samosa shop for delivering lunch
    and was standing near the samosa cart of his father, at Saboli Fatak Meet
    Nagar, Delhi, within the jurisdiction of PS Jyoti Nagar. It has been alleged
    that in the meanwhile, a tractor bearing registration no. HR13Q-4719
    (hereinafter referred to as offending vehicle), came at a very high speed and
    hit the samosa cart as aforesaid, due to which the hot oil from the cart
    spilled over the body of the said Atul and he sustained burn injuries. It has
    been further alleged that the offending vehicle was being driven by its
    driver i.e. respondent no. 1 (R1) herein, at a very high speed and in a rash
    and negligent manner without taking necessary precautions at the time of
    the accident. Allegedly, the above-said Atul sustained grievous injuries due
    to the impact of hit by the offending vehicle and he was thereon
    immediately taken to GTB hospital, where his MLC was prepared, vide
    MLC No. B-3112/06/2020, before being referrred to Shanti Nursing Home
    & Maternity Centre, Meet Nagar, Delhi for further treatment. An FIR in this
    regard was also registered at PS Jyoti Nagar, vide FIR no. 416/20, for the
    offences u/s 279/338 IPC. The present DAR thereafter came to be filed in

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 2 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:

    SPONSORED

    PRATAP 2026.05.14
    16:37:07
    +0530
    due course on 06.04.2023.

    WS / Reply of Respondents

    2. In their joint WS filed by R1 and R2, being the driver and owner of
    the offending vehicle respectively, it has been contended that the alleged
    accident took place due to the negligence of injured himself. It has been
    further contended that the R1 was having a valid and effective driving
    licence at the time of the accident and that the offending vehicle was duly
    insured with respondent no. 3 (R3) i.e. MAGMA HDI General Insurance
    Co. Ltd. vide policy cover no. P0020100023/4107/10580, with its validity
    from 22.05.2019 to 21.05.2020. However, the respondents denied the
    averments of the claim petition and prayed for its dismissal.

    3. Respondent no. 3 i.e. MAGMA HDI General Insurance Company Ltd.,
    also filed its separate detailed written statement, wherein it has been
    admitted that the offending vehicle was duly insured with the company vide
    insurance policy no. P0020100023/4107/100580, with its validity from
    22.05.2019 till 21.05.2020. However, it has been contended that the said
    policy was only for the tractor and not for the trolley attached to it as no
    additional premium was paid by the owner for the trolley which was
    attached with the Tractor at the time of the accident. The respondent no. 3
    thus denied its liability and prayed for the dismissal of the claim petition.

    ISSUES

    4. From the pleadings of the parties, following issues were framed by
    the Ld. Predecessor vide order dated 13.05.2024, as under:-

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 3 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
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    (i) Whether petitioner suffered injuries during the accident occurred on
    02.02.2020 at about 02:09 pm near Saboli Fatak Meet Nagar, Delhi within the
    jurisdiction of PS Jyoti Nagar due to rash and negligent driving of the vehicle
    bearing no. HR-13Q-4719 being driven by respondent no. 1/driver ? OPP.

    (ii) Whether petitioner is entitled to compensation, if so, to what extent
    and from whom? OPP.

    (iii) Relief.

    PETITIONER’S EVIDENCE (PE)

    5. In order to prove the case, the petitioner examined himself, being the
    father of the injured Atul, as PW-1. He tendered his evidence by way of
    affidavit Ex. PW-1/A,wherein he reiterated the contents of the DAR petition
    and relied upon the following documents:-

    Sl. No.               Exhibit No.                          Particulars
         01     Mark A                          Copy of Aadhar card of deponent
    
         02     Ex.PW-1/1 (colly 20 pgs) Copy of medical bills
                (objected to on the mode of
                proof)
         03     Ex.PW-1/2 (colly 36 pgs) Treatment record
                (objected to on the mode of
                proof)
         04     Mark B                          Photographs of injury
    
         05     PW1/3 (colly 6 pgs)             Educational documents of class-1 of
                                                injured master Atul
    
    
              He was cross examined and discharged.
    
    

    6. In order to prove the case, injured Atul also examined himself as
    PW-2. He tendered his evidence by way of affidavit Ex. PW-2/A, wherein

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 4 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
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    he reiterated the contents of the DAR petition. He was cross-examined and
    discharged.

    7. The petitioner did not examine any other witness and PE stood closed
    by The Tribunal vide order dated 21.04.2025.

    Respondents’ Evidence (RE)

    8. Respondent no. 1 and 2 failed to lead any evidence despite being
    granted sufficient opportunity in this regard and RE for R1 and R2 was
    finally closed by the Tribunal vide order dated 26.05.2025.

    9. In order to prove its defence, respondent no. 03, ie. insurance
    company examined Sh. Rahul Kumar Sharma, Deputy Manager, Magma
    HDI GIC Co. Ltd. as R3W1. He tendered his evidence by way of affidavit
    Ex. R3W1/A and relied upon the following documents:-

          Sr. No.       Exhibit No.                     Particulars
             1.     Ex. R3W1/B       Authority letter
             2.     Ex.R3W1/1 (colly Insurance policy
                    7 sheets)
            3.      Ex R3W1/2        Notice under Order XII Rule 8 CPC
    

    4. Ex.R3W1/3 to Ex. Original postal receipt
    R3W/4

    He was cross-examined and discharged.

    10. The respondents did not examine any other witness and RE stood
    closed by the Tribunal vide order dated 17.01.2026, in view of the separate
    statement of Ld. Counsel for R3 recorded to this effect.

    11. Final arguments heard. File perused.

    
    
    MACT No. 199/23            DAR- BHURA Vs. NADEEM & ORS.       Page No. 5 of 27
                                                                                     Digitally signed
                                                                                     by HARUN
                                                                    HARUN            PRATAP
                                                                    PRATAP           Date:
                                                                                     2026.05.14
                                                                                     16:37:23 +0530
     Issue wise findings
    Issue no.1
    

    Whether petitioner suffered injuries during the accident occurred on
    02.02.2020 at about 02:09 pm near Saboli Fatak Meet Nagar, Delhi within the
    jurisdiction of PS Jyoti Nagar due to rash and negligent driving of the vehicle
    bearing no. HR-13Q-4719 being driven by respondent no. 1/driver ? OPP.

    11. In an action founded on the principle of fault liability, the proof of
    rash and negligent driving of the offending vehicle is sine qua non.
    However, the standard of proof is not as strict as applied in criminal cases
    and evidence is tested on the touchstone of principle of preponderance of
    probabilities. It is well settled that the procedure followed for proceedings
    conducted by an accident tribunal is similar to that followed by a civil court
    and in civil matters the facts are required to be established by
    preponderance of probabilities only and not by strict rules of evidence or
    beyond reasonable doubts as are required in a criminal prosecution. The
    burden of proof in a civil case is never as heavy as that is required in a
    criminal case, but in a claim petition under the Motor Vehicles Act, this
    burden is infact even lesser than that in a civil case. Reference in this regard
    can be made to the propositions of law laid down by Hon’ble Supreme
    Court in the case of Bimla Devi & Ors. Vs Himachal Road Transport
    Corporation & Ors
    , reported in (2009) 13 SC 530, which were reiterated in
    the subsequent judgment in the case of Parmeshwari Vs Amir Chand & Ors,
    2011 (1) SCR 1906 (Civil Appeal No. 1082 of 2011) and also recently in
    another case Mangla Ram Vs. Oriental Insurance Co. ltd. & Ors., 2018 Law
    Suit (SC) 303.

    
    MACT No. 199/23           DAR- BHURA Vs. NADEEM & ORS.          Page No. 6 of 27
                                                                                   Digitally
                                                                                   signed by
                                                                                   HARUN
                                                                      HARUN        PRATAP
                                                                      PRATAP       Date:
                                                                                   2026.05.14
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    12. Herein the present case, the petitioner being the father of the injured
    and the injured victim have examined themselves as the star witnesses to
    show that the R-1 being the driver of the offending vehicle was rash and
    negligent in his driving of the tractor, due to which the victim suffered
    injuries. It has been specifically stated by the PW-2 that he suffered burn
    injuries after the samosa cart had been hit by the offending vehicle being
    driven by R-1 with a great force in a rash and negligent manner. The
    assertions made by the petitioner while deposing as PW-1 and even by
    PW-2 have remained unimpeached. The fact that the R-1 was driving the
    offending vehicle at the time of the incident or that the victim suffered
    injuries due to the incident in question has neither been denied nor even
    disputed in any manner by the respondents.

    13. The very fact that R-1 has already been specifically arrayed as an
    accused in case FIR No. 416/20, PS Jyoti Nagar, for the offences u/s
    279
    /338 IPC, is also a strong circumstance to support the above said
    testimony of PW-1 and PW-2 on these issues. At the same time, it is an
    admitted fact on record that the R-1 has been charge-sheeted in the criminal
    case pertaining to the incident in question. The position of law in this regard
    has been made clear in the case of “National Insurance Co., Vs Puspha
    Rana”, 2009 ACJ 287 Delhi, wherein it has been held that filing of
    Chargesheet is sufficient proof of the negligence and involvement of the
    offending vehicle. Similar observations have been made in the case of
    United India Insurance Co. Ltd. Vs. Deepak Goel and Ors.“, 2014 (2) Tac
    846 Del, that if the claimant was able to prove the criminal case on record

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 7 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:

    PRATAP 2026.05.14
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    pertaining to involvement of the offending vehicle, whereby the criminal
    records showing completion of investigation by the police and filing of
    Chargesheet under Section 279/338/304-A/427 IPC against the driver have
    been proved, then, the documents mentioned above are sufficient to
    establish the fact that the driver was negligent in causing the accident.
    Where FIR is lodged, Chargesheet is filed, especially in a case where driver
    after causing the accident had fled away from the spot, then the documents
    mentioned above are sufficient to establish the fact that the driver of the
    offending vehicle was negligent in causing the accident particularly when
    there was no defence available from his side before the Learned Tribunal.

    14. Besides the above, respondent no. 1 namely Nadeem was the best
    witness who could have stepped into the witness box to challenge the
    depositions being made by PW-1 and PW-2 regarding the above accident
    and its manner etc., but they have not done so. Therefore, an adverse
    inference on this aspect is also required to be drawn against the respondents
    in view of the law laid down in case of Cholamandalam M.S. General
    Insurance Company Ltd. Vs. Kamlesh
    , reported in 2009 (3) AD (Delhi).

    15. In view of the above, it could be safely assumed that the offending
    vehicle being driven by R-1 at the relevant time had indeed hit the victim
    thus resulting into grievous injury being caused to the victim.

    16. Having ruled so, this Tribunal now proceeds to assess the wrongful
    act, neglect or default of R-1, if any, in driving the offending vehicle at the
    relevant time. Admittedly, R-1 has not explained the circumstances under

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 8 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
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    which his vehicle (i.e. the offending tractor) hit the samosa cart leading to
    burn injuries being suffered by the victim. In the absence of any averment
    or evidence regarding any mechanical defect in the offending vehicle or any
    material depicting any negligent/sudden act or omission on the part of the
    injured or any other such person, the only inference possible in the given
    facts and circumstances is that of neglect and default on the part of R-1 in
    driving the offending vehicle at the relevant time. In view of the above
    discussion, this Tribunal is constrained to hold R-1 guilty of gross neglect
    and default in driving the offending vehicle at the relevant time leading to
    the grievous injuries to victim.

    17. In view of the medical treatment documents placed on record by the
    petitioner, no dispute is left regarding the nature of injuries sustained by his
    son/victim in the incident in question. Furthermore, perusal of the disability
    certificate reveals that the son of the petitioner has suffered 10% permanent
    locomotor disability in relation to bilateral lower limbs due to the injuries
    suffered by him on account of the rash and negligent act of R-1.

    18. Therefore, in view of the above discussion, this Tribunal has no
    hesitation in hereby arriving at the finding that the victim suffered grievous
    injuries on his person on account of neglect and default of R-1 in driving the
    offending vehicle at the relevant time. The issue at hand is thus hereby
    decided against the respondents and in favour of the petitioner/victim
    accordingly.

    Issue no. (ii)

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 9 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
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    Whether petitioner is entitled to compensation, if so, to what extent and from
    whom? OPP.

    19. In view of the finding on Issue no. 1, victim Atul is entitled to get
    compensation. However, quantum of compensation still needs to be
    adjudicated. Section 168 of Motor Vehicles Act, 1988 enjoins upon the
    claim Tribunal to hold an inquiry into the claim to make an award
    determining the amount of compensation, which appears to be just and
    reasonable. As per settled law, compensation is not expected to be windfall
    or a bonanza nor it should be pittance. A man is not compensated for the
    physical injury : he is compensated for the loss which he suffers as a result
    of that injury (Baker v. Willoughby (1970) Ac 467 at page 492 per Lord
    Reid).

    20. The present claim petition pertains to injury and scope of
    compensation in injury cases has been considered by Hon’ble Supreme
    Court in case titled as Mr. R.D. Hattangadi v. M/S Pest Control (India) Pvt.

    Ltd., 1995 AIR 755. The relevant extract is as under:

    “Broadly speaking while fixing an amount of compensation
    payable to a victim of an accident, the damages have to be
    assessed separately as pecuniary damages and special damages.
    Pecuniary damages are those which the victim has actually
    incurred and which is capable of being calculated in terms of
    money-, whereas non-pecuniary damages are those which are
    incapable of being assessed by arithmetical calculations. In
    order to appreciate two concepts pecuniary damages may,
    include expenses incurred by the claimant: (i) medical
    attendance; (ii) loss of earning of profit upto the date of trial;

    (iii) other material loss. So far non- pecuniary damages are
    concerned, they may include (i) damages for mental and
    physical shock, pain suffering, already suffered or likely to be

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    HARUN
    HARUN PRATAP
    PRATAP Date:

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    suffered in future; (ii) damages to compensate for the loss of
    amenities of life which may include a variety of matters i.e. on
    account of injury the claimant may not be able to walk, run or
    sit; (iii) damages for the loss of expectation of life, i.e. on
    account of injury the normal longevity of the person concerned
    is shortened; (iv) inconvenience, discomfort, disappointment,
    hardship, frustration and mental stress in life.”

    21. Further, in Raj Kumar v. Ajay Kumar & another (2011) 1 SCC 343,
    Hon’ble Supreme Court of India laid down general principles for computation
    of compensation in injury cases. The relevant paras of the judgment are
    reproduced as under:

    5. The provisions of the Motor Vehicles Act, 1988 (“the
    Act”, for 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 the 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.

    6. 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.

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    by HARUN
    HARUN PRATAP
    Date:

    PRATAP 2026.05.14
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    (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 to pain, suffering and trauma as a consequence
    of the injuries.

    (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). It is only in
    serious cases of injury, where there is specific medical
    evidence corroborating the evidence of the claimant, that
    compensation will be granted under any of the heads (ii), (b),

    (iii), (v) and (vi) relating to loss of future earnings on account
    of permanent disability, future medical expenses, loss of
    amenities (and/or loss of prospects of marriage) and loss of
    expectation of life.

    COMPUTATION OF COMPENSATION
    NATURE AND EXTENT OF INJURIES

    22. As per the medical treatment record pertaining to victim/
    injured Atul, the latter sustained grievous injuries due to the accident in this
    case.

    Nature of Injuries: As per the MLC of the victim/injured, the

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    by HARUN
    HARUN PRATAP
    Date:
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    latter suffered “burn injury present over B/L thigh with genetalia left
    buttock”. The injuries suffered by the victim resulted into permanent
    locomotor disability of 10% in relation to his bilateral lower limbs. The
    disability certificate has been proved on record as Ex. PW1/2 (colly).

    Disability, if any: As per the aforementioned disability
    certificate, the victim/ injured Atul has suffered permanent physical
    disability of 10% in relation to bilateral lower limbs. The victim/ injured
    Atul claims to be studying in class 1 st and as such he needs fully functional
    limbs to continue his studies and for earning his future livelihood.
    Therefore, keeping in view the said nature of injuries and the permanent
    disability suffered by the victim as aforesaid, the Tribunal is of the opinion
    that the victim will suffer a functional disability of 5% and hence, the
    functional disability of the victim is hereby assessed to be 5%.

    MEDICINES AND TREATMENT

    23. In the present case, as per the material brought on record, the victim/
    injured had undergone initial treatment at GTB Hospital, where he remained
    admitted for his treatment from 02.02.2020 to 25.02.2020, before being
    further treated at Shanti Nursing Home and Maternity Centre. Moreover, the
    petitioner has filed bills for the treatment of injured from different hospitals
    and the bills for the medicines as per the prescription slip of the treatment.
    The petitioner has brought on record bills totaling Rs. 65,072/- as the cost of
    the medicines borne by the injured during the treatment and the same have
    not been denied or disputed by the respondents. There is no reason to doubt
    the veracity or genuineness of the said bill/ receipt. In these circumstances

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 13 of 27
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    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

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    and in view of the material on record, the victim shall be entitled to sum of
    Rs. 65,072/- and accordingly, the petitioner / injured Atul is hereby awarded
    the said amount i.e. Rs.65,072/- towards Medicines and Medical Treatment.

    CONVEYANCE AND SPECIAL DIET

    24. In the present case, as per the medical treatment record, victim/
    injured Atul had suffered “burn injury present over B/L thigh with genetalia
    left buttock” and he had to be operated for the same. In these circumstances,
    the victim/ injured Atul must have visited the hospital/doctors for his
    treatment and would also have required special diet for certain period to
    recover from the injuries sustained in the accident. In the present case, the
    victim must have undergone treatment for about 03 months from the date of
    accident as is apparent from his treatment record. In these circumstances
    and in view of the material on record, the injured shall be entitled to a sum
    of Rs. 20,000/- towards conveyance charges for his visit to the various
    hospitals. Further, in view of the above-said grievous injuries suffered by
    him, the victim must have needed special diet for a similar period to have a
    fast and proper recovery. Hence, the victim/ injured Atul is hereby awarded
    Rs.20,000/- towards expenses for special diet.

    LOSS OF INCOME

    25. In the present case, the victim/ injured Atul was aged around 11
    years at the time of accident as reflected from his Aadhar card and
    educational documents Ex. PW1/3 (colly). In case of determining the
    quantum of compensation for accidental injuries suffered by a child, the
    first challenge before the MACT, would be to determine the amount of

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    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:
    PRATAP 2026.05.14
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    compensation under the head loss of earning. As the child being at such
    tender age, there cannot be any specific or proven criteria to decide the just
    and fair amount of compensation under the above said head. Moreover, the
    Tribunal would be required to take notional income of the child for
    determining the amount of compensation. In this case given the age, the
    nature of injuries, social background of the child and future possibilities,
    this Tribunal finds that in the light of observation of Hon’ble Apex Court in
    Kajal vs. Jagdish Chand AIR 2020 SC 776 (para 20), it would be in the
    interest of justice to consider the notional income of child at parity with
    minimum wages of a “skilled worker” in Delhi during the relevant period
    (02.02.2020) i.e. Rs.17,924/- per month and the same is hereby taken as
    criteria for calculating the loss of income to the victim in this case. In the
    given circumstances, considering the fact that the victim was taking
    treatment from hospital multiple times in relation to his injuries spanning
    over 03 months and also considering the nature of injury, he would have
    taken at least 03 month time for recovery, he is hereby held entitled to a
    sum of Rs.53,772/- (17,924/- X 3 month) under the head Loss of Income
    during the treatment.

    ATTENDANT CHARGES

    26. The petitioner/injured Atul has not deposed anything about keeping
    an attendant or spending any money on an attendant during the time of his
    treatment for the injuries suffered by him on account of incident in question.
    Moreover, neither any attendant has been examined nor any documentary
    proof regarding the payment being made to any such attendant have been

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    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

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    brought on record by the petitioner/injured in this case. Nevertheless,
    considering the nature of injuries, extensive treatment and the prolonged
    recovery period, the victim/ injured Atul must have required the services of
    an attendant for about three months. It is pertinent to note that the
    victim/injured would have also needed an attendant to look after him, even
    if the gratuitous services were rendered by the some or the other of his
    family members. In the case titled as Delhi Transport Corporation and Anr.
    Vs. Lalita (AIR 1981 Delhi 558), it has been held by the Hon’ble High
    Court of Delhi that a victim cannot be deprived of compensation towards
    gratuitous services rendered by some of the family members. Further, the
    victim must have spent at least Rs. 7,000/- per month if he had an attendant.
    In these circumstances, the victim/ injured Atul shall be entitled to an
    amount of Rs. 21,000/- (Rs. 7,000 X 3 months) towards attendant charges.

    PAIN AND SUFFERINGS

    27. As per the settled law, for assessing the pain and sufferings, the
    following factors have to be taken into account:-

    (a)          Nature of injury
    (b)          Parts of body where injuries occurred
    (c)          Surgeries, if any
    (d)          Confinement in hospital
    (e)          Duration of the treatment
    
    

    28. In the instant case, the victim/ injured Atul has suffered 10%
    permanent physical disability in relation to bilateral lower limbs, but the
    same will not render him as 100% disabled person for several jobs and day

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 16 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
    16:38:26
    +0530
    to day activities of life. However, undergoing the operation for the injuries
    suffered by the victim would have caused him unimaginable pain and
    sufferings. In these circumstances and in view of the law laid down in the
    case titled as Rekha Jain Vs. National Insurance Co. Ltd. (arising out of
    SLP (C) No. 5649-51 of 2012), the victim/ injured Atul is entitled to
    compensation on account of pain and suffering due to the accident. The pain
    and sufferings of victim cannot be adequately compensated in terms of
    money as no amount of money can be substitute for the lost function of a
    limb, but nevertheless, a sum of Rs. 25,000/- is hereby awarded to victim/
    injured Atul towards the head “pain and sufferings”.

    LOSS OF ENJOYMENT OF LIFE AND AMENITIES

    29. The victim/ injured Atul has claimed that he has suffered loss of
    enjoyment of life and other amenities on account of the accident. The
    petitioner / injured was about 11 years old at the time of accident and has
    suffered grievous injuries. His permanent disability would hinder his daily
    activities as well as his enjoyment of life. Loss of ability to indulge in
    physical activity is also likely to adversely affect his overall health. In these
    circumstances and in view of the law laid down in the case titled as Rekha
    Jain
    (Supra), the victim is hereby awarded a sum of Rs. 25,000/- as
    compensation towards loss of enjoyment of life and amenities. In addition
    to this, the victim is also awarded a sum of Rs. 25,000/- as just and fair
    compensation for mental and physical shock suffered by him due to the
    accident in this case.

    
    
    
    MACT No. 199/23           DAR- BHURA Vs. NADEEM & ORS.           Page No. 17 of 27
                                                                                    Digitally
                                                                                    signed by
                                                                                    HARUN
                                                                       HARUN        PRATAP
                                                                       PRATAP       Date:
                                                                                    2026.05.14
                                                                                    16:38:31
                                                                                    +0530
                         LOSS OF MARRIAGE PROSPECTS
    
    

    30. The victim/ injured Atul in this case happened to be about 11 years
    of age and was unmarried at the time of the incident. victim/ injured Atul
    has neither contended nor proved any loss of marriage prospects on account
    of injuries suffered by him in the accident in question. However, on perusal
    of the medical documents of the injured, it is revealed that the victim/
    injured has been left with a permanent scar due to the burn injuries suffered
    by him in the accident. Therefore, it is reasonably apparent that the victim
    will suffer loss of matrimonial prospects in future. Hence, an amount of
    Rs.1,00,000/- is hereby awarded to the victim under this head on account of
    compensation for loss of matrimonial prospects.

    LOSS OF FUTURE INCOME / PROSPECTS

    31. Law with regard to assessment of loss of future earning due to
    disability has already been discussed in earlier portion of the judgment by
    referring to the judgment of Hon’ble Apex Court in Raj Kumar v. Ajay
    Kumar & Anr.
    (supra). In the facts and circumstances of the case, it has
    come from the evidence of PW-1 (father of injured Atul) that victim/injured
    suffered grievous injuries in his thighs and being a child of tender age he
    must have suffered great amount of mental and physical agony. In addition
    to PW-1, petitioner has proved the disability certificate of the injured, as per
    which injured suffered 10% of permanent disability in relation to bilateral
    lower limbs. Thus the nature of the injuries suffered by the injured at initial
    stage of his life, clearly establish that injured has lost his future prospects to
    a great extent.

    
    MACT No. 199/23            DAR- BHURA Vs. NADEEM & ORS.          Page No. 18 of 27
                                                                                    Digitally
                                                                                    signed by
                                                                                    HARUN
                                                                         HARUN      PRATAP
                                                                         PRATAP     Date:
                                                                                    2026.05.14
                                                                                    16:38:36
                                                                                    +0530
    

    32. In the light of the ratio laid down in Raj Kumar‘s case (supra),
    this Tribunal is supposed to decide the functional disability of injured. In
    case of a child, such job becomes even more challenging to decide the
    question of functional disability. In this case injured was only 11 years of
    age when he suffered 10% of permanent disability. In this context one
    factor which can be kept in mind while assessing the compensation under
    the above said heading is that present claim can be awarded only once.
    Claimant cannot come back to the court for enhancement of the award at
    later stage, with the prayer that something extra has been spent. Therefore,
    the Tribunal while deciding the compensation is required to take liberal
    view where the child has suffered permanent medical disability upto 10%
    on account of grievous injuries in his bilateral lower limbs. Effectively the
    child would remain disabled for whole of his life and that aspect must have
    to be borne in mind while deciding the question of functional disability in
    case of a child whose all future avenues were bright and open. In such
    circumstances, keeping in view the said nature of injuries and the permanent
    disability suffered by the victim/ injured Atul as aforesaid, the Tribunal is of
    the opinion that the victim will suffer a functional disability of 5% and
    hence, the functional disability of the victim/ injured Atul is hereby assessed
    to be 5%.

    33. Further, law is well settled that there should be no departure from
    the multiplier method in injury cases also laid down in case titled as
    Sandeep Khanuja vs. Atul Dande & Anr.“, (2017) 3 SCC 351.

    As per documents of age of the victim/ injured Atul i.e. Aadhar

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 19 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:
    PRATAP 2026.05.14
    16:38:41
    +0530
    card and educational documents as Ex.PW1/3, the date of birth of the
    injured is mentioned to be 04.04.2008. As such at the time of accident i.e.
    on 02.02.2020, victim was 11 years of age. Therefore, multiplier to be
    applied in the present case would be 18. Moreover, the law has been well
    settled by the decisions of Supreme Court in the case of Sandeep Khanuja
    (supra) and Erudhaya Priya vs. State Express Transport Corporation Ltd.
    (Civil Appeal Nos
    . 2811-2812 of 2020) (Arising out of SLP (C) No. S8495-
    8496 of 2018) that while applying the multiplier method, future prospects
    on advancement in life and career are also to be taken into consideration.
    Thus, an addition of income to the extent of 40% towards future prospects
    has to be counted.

    34. As discussed above, the the loss of future prospects / income is
    calculated as:

    Minimum wages Rs. 17,924/- X 40% (Future Prospects) Rs. 7,169/-

    Rs. 17,924/- + Rs. 7,169/-                                       Rs. 25,093/-
    Rs. 25,093/- X 5% (Disability)                                     Rs. 1,254/-
    
    Rs. 1,254/- X 12 X 18 (Multiplier)                             Rs. 2,70,864/-
    
    
    

    Hence, the victim/ injured Atul shall be entitled to compensation of
    Rs. 2,70,864/- under this head.

    35. The break-up of compensation that has been awarded to victim/
    injured Atul is tabulated as below:-

    S. No.                    HEADS                          AMOUNT (Rs.)
    
    
    MACT No. 199/23           DAR- BHURA Vs. NADEEM & ORS.        Page No. 20 of 27
                                                                             Digitally signed
                                                                             by HARUN
                                                                  HARUN PRATAP
                                                                  PRATAP Date:
                                                                         2026.05.14
                                                                             16:38:46 +0530
           1    Medicines and Treatment                                      65,072.00
          2    Conveyance                                                   20,000.00
          3    Special Diet                                                 20,000.00
          4    Loss of income                                               53,772.00
          5    Attendant Charges                                            21,000.00
          6    Pain and Sufferings                                          25,000.00
          7    Loss of Enjoyment of Life and Amenities                      25,000.00
          8    Compensation for mental and physical                         25,000.00
               shock
          9    Loss of marriage prospects                                1,00,000.00
      10       Loss of future income / prospects                          2,70,864.00
               Total                                                     6,25,708.00
    
    
                                        LIABILITY
    
    

    36. Now, the question arises as to which of the respondent is liable to pay
    the compensation amount. The respondent no. 1 Nadeem is the principal
    principal tort feasor being the driver of the offending vehicle, while the
    respondent no. 2 is vicariously liable being the owner of the offending
    vehicle for the acts of his employee i.e. driver. It is pertinent to note that the
    respondent no. 3 i.e. Insurance Company has specifically admitted in its
    written statement that the offending vehicle was duly insured at the time of
    accident with respondent no. 3, vide policy bearing no.
    P0020100023/4107/100580, in the name of Faim i.e. respondent no. 2 (R2)
    herein, with its validity from 22.05.2019 till 21.05.2020. However, it has
    been contended that there was a substantial breach of the terms or
    conditions of the said insurance policy and hence, the insurance company

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 21 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:
    PRATAP 2026.05.14
    16:38:51
    +0530
    has no liability to make the payment of compensation amount.

    The sole contention raised by the insurance company in this regard is
    that the offending vehicle in this case happened to be a tractor trolley and
    the trolley attached with the tractor at the time of the accident was not
    insured. It has been further contended that the insurance premium was paid
    only for the insurance of the tractor and not for the trolley attached with the
    said tractor. However, it is pertinent to note that as per the FIR pertaining to
    the criminal case in respect of the accident in question, the offending
    vehicle had hit the Samosa cart of the father of the victim after coming from
    the opposite side of the road. The respondent no. 3 has neither pleaded nor
    proved that the accident which resulted into the injury to the victim was
    caused entirely on account of the trolley attached with the tractor.
    Moreover, in such circumstances, the position of the law in this regard has
    been specifically laid down by Hon’ble Supreme Court in case titled as:

    “The Royal Sundaram Alliance Insurance Company Ltd. Vs. Honnamma &
    Ors.”, Civil Appeal No. 2135 of 2023 wherein it has been held that:-

    “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. We feel that the law
    has been correctly appreciated by a learned Single Judge of this
    Court in Gunti Devaiah v. Vaka Peddi Reddy (supra) and the
    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 22 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:
    PRATAP 2026.05.14
    16:38:55
    +0530
    reasons given by him are sufficient to hold that under the Motor
    Vehicles Act
    no separate insurance is contemplated for a trailer and
    when the trailer is attached to the tractor which is insured, it
    becomes the part of the tractor. We reproduce the Para 26 of the
    said judgment as under: “The word “vehicle” mentioned in Section
    147
    is co-relatable to the word motor vehicles, which is stipulated
    in Section 146. Therefore, the expression vehicle wherever
    appearing in Chapter X(XI) has to be only read as motor vehicle.
    The principle of claim for compensation in accidents arising out of
    the use of the motor vehicle is based on tortuous liability and the
    negligence of the driver of the motor vehicle is a sine quo non for
    maintaining a claim under the provisions of the Act. Inasmuch as
    the trailer by itself cannot be driven and it has to be carried or
    towed with a motor vehicle namely a tractor or a like self-propelled
    vehicles. Therefore, the question of driving the trailer in a rash and
    negligent manner would not arise. It is only the prime mover or the
    motor vehicle which controls movement of the tractor and in case
    of the negligence driving of the trailer or the motor vehicle, the
    owner of the vehicle and its insurer alone will be made liable for
    payment of compensation. But, since the trailer is attached can it be
    said that trailer should also be independently insured so as to avoid
    the liability of compensation in case of rash and negligent driving
    by the driver. That contingency would not arise, as it is only a
    vehicle and not a motor vehicle. It may be for tax purposes, it is
    treated as a goods vehicle. But, under the provisions of the Motor
    Vehicles Act
    , no separate insurance is contemplated. When the
    trailer is attached to the tractor it becomes a tractor-trailer. There is
    no provision requiring the trailer to be separately insured to cover
    the third party risk. The reasons are obvious that it cannot be driven
    by the driver as in the case of motor vehicles or tractors.
    Thus, a
    separate distinction has been drawn between the motor vehicle and
    a vehicle i.e., visible in all the definitions and more especially in
    Chapter XI. The same situation also persists in Chapter X in case of

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 23 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
    16:39:00
    +0530
    no fault liability wherein it has been stated that whether a death or a
    permanent disability of any person has been resulted from an
    accident arising out of the use of a motor vehicle or motor vehicles
    and there is no reference to vehicle as such. This aspect was never
    considered in any of the decisions relied on by the learned Standing
    Counsel for the Insurance Company and also for other side.”

    As far as the present case is concerned, there is no material on record
    to show that the injury to the injured was caused due to trolley as a vehicle
    on its own.

    37. Therefore, in view of the afore-said facts and circumstances and
    especially the failure on part of the insurance company in leading sufficient
    evidence to prove its contentions, the Tribunal has no hesitation in hereby
    arriving at the finding that the liability to make the payment of
    compensation amount is indeed of the R3 i.e. insurance company on behalf
    of R1 and R2 and that too without any recovery rights. The issue at hand is
    accordingly decided in favour of the petitioner/injured and against the
    respondent no. 3.

    RELIEF

    38. In view of the the findings on the aforesaid issues, the victim/ injured
    Atul is hereby awarded a sum of Rs. 6,25,708/- (Rupees Six Lakh Twenty
    Five Thousand Seven Hundred Eight Only) along with interest @ 8% per
    annum from the date of filing of DAR petition till its deposition by the
    insurer i.e. respondent no. 3. However, it is directed that the amount of
    interim award along with waiver of interest, if any, shall be excluded from
    the above amount and calculations of compensation.

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 24 of 27

    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:

    PRATAP 2026.05.14
    16:39:05
    +0530
    RELEASE/APPORTIONMENT OF COMPENSATION TO THE
    PETITIONER

    39. Finally, out of the awarded amount, the injured namely Atul is
    awarded a sum of Rs.6,25,708/-, out of which Rs. 5,00,000/- is directed to
    be kept with UCO Bank, Karkardooma Court Branch, Delhi bearing
    account no. 20780110171912; IFSC: UCBA0002078 in MACAD in an
    FDR till the date he attains age of maturity, as per the scheme formulated by
    the Hon’ble Delhi High Court vide order dated 08.01.2021 in FAO No.
    842/2003, titled as Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors. The
    amount of FDRs on maturity would be released in his savings/MACT
    Claims SB Account, maintained with UCO Bank, KKD Branch, Delhi.
    Moreover, the remaining amount of Rs.1,25,708/- and the interest
    component to be paid by the R3 i.e. insurance company is directed to be
    released into the savings account of father of victim/injured namely Bhura
    (injured being minor and represented through his father/natural guardian)
    which can be withdrawn and utilized by him as per his volition.

    40. The FDRs to be prepared as per aforesaid directions, shall be subject to
    the following conditions:-

    (a) The original fixed deposit shall be retained by the bank in safe custody
    and copies of the same be provided to the petitioner/injured with the statement
    containing FDR number, FDR amount, date of maturity and maturity amount.

    (b) The maturity amounts of the FDR(s) be credited by Electronic Clearing
    System (ECS) in the savings bank account of the claimant.

    (c) No loan, advance, withdrawal or pre-mature discharge be allowed on the

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 25 of 27
    Digitally
    signed by
    HARUN
    HARUN PRATAP
    PRATAP Date:

    2026.05.14
    16:39:09
    +0530
    fixed deposits without permission of the Court.

    (d) The concerned bank shall not issue any cheque book and/or debit card to
    claimant / his guardian. 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.

    (e) The bank shall make an endorsement on the passbook of the claimant to
    the effect that no cheque book and/or debit card have been issued and shall not
    be issued without the permission of the Court.

    41. Respondent no. 3, being insurer of the offending vehicle, is directed to
    deposit the award amount with interest @ 8% per annum till date with UCO
    Bank, Karkardooma Court Branch within 30 days as per above order, failing
    which insurance company shall be liable to pay interest @ 12% p.a for the
    period of delay. Concerned Branch Manager, UCO Bank, Karkardooma Court
    Branch is directed to transfer the share amount of the petitioner/injured in his
    bank account / FDRs as per above-said directions, on completing necessary
    formalities as per rules. The Branch Manager, is further directed to keep the
    said amounts in fixed deposits in name of this Court in auto renewal mode
    every 15 days, till the claimants approach the bank for disbursement, so that
    the award amount starts earning interest from the date of clearance of the
    cheques. Soft copy of the award be uploaded on official website of Delhi
    District Courts i.e. https://delhidistrictcourts.nic.in.

    42. Form IV-A and Form-V, in terms of MCTAP, shall be read as part of
    the Award. Copy of the award be given dasti to the petitioner/injured and also
    to counsel for the respondents/insurance company for compliance. Copy of
    this award alongwith one photograph each, specimen signatures, copy of bank

    MACT No. 199/23 DAR- BHURA Vs. NADEEM & ORS. Page No. 26 of 27
    Digitally signed
    by HARUN
    HARUN PRATAP
    Date:

    PRATAP 2026.05.14
    16:39:14
    +0530
    passbooks and copy of residence proof of the petitioner/injured, be sent to
    Nodal Officer of UCO Bank, Karkardooma Court Branch, Delhi for
    information and necessary compliance. Digitally signed
    by HARUN
    Announced in open Court on this HARUN PRATAP

    PRATAP Date:

    14th Day of May, 2026                                  2026.05.14
                                                           16:39:19 +0530
    
                                               (HARUN PRATAP)
                                               PO-(MACT-02), SHAHDARA
                                               KKD COURTS/DELHI
    
    
    
    
    MACT No. 199/23         DAR- BHURA Vs. NADEEM & ORS.           Page No. 27 of 27
     



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