Mohd Irshad vs Pramod Kr on 23 May, 2026

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    Delhi District Court

    Mohd Irshad vs Pramod Kr on 23 May, 2026

                  IN THE COURT OF MS. RUCHIKA SINGLA
                 PRESIDING OFFICER, MACT-01 (CENTRAL)
                       TIS HAZARI COURTS, DELHI.
    
    DLCT010091252024
    
    
    
    
    MACT No. :         416/2024
    FIR No.  :         87/2024
    PS       :         Kamla Market
    u/s      :         279/338 IPC
    
    
    Sh. Mohd. Irshad (injured/petitioner)
    S/o Sh. Israr,
    R/o H.No.1292, Rakab Ganj, Ganj Meer Khan,
    Darya Ganj, Delhi GPO, North Delhi, Delhi-110006.
                                                                                         .....Petitioner
                                           Vs.
    
    1. Sh. Pramod Kumar (driver of the offending vehicle)
    S/o Sh. Om Prakash,
    R/o H.No.C-7/154, St. No.7, Meet Nagar,
    Shahdara, Delhi.
    
    2. Sh. Tarun Singh (owner of the offending vehicle)
    S/o Sh. Gurbachan Singh,
    R/o R-486, GF, New Rajinder Nagar, Delhi.
    
    3. The Oriental Insurance Co. Ltd. (Insurer)
    Asaf Ali Road, Delhi.
                                                                                      .....Respondents
    
                                           Date of filing of DAR                        : 06.06.2024
                                           Judgment reserved on                         : 23.05.2026
                                           Date of Award                                : 23.05.2026
                                                                   RUCHIKA
                                                                   SINGLA
    
                                                                   Digitally signed
                                                                   by RUCHIKA
                                                                   SINGLA
                                                                   Date: 2026.05.23
                                                                   15:18:05 +0530
    
    
    
    MACT No.416/2024      Mohd. Irshad Vs. Pramod Kumar and Ors.                            Page 1 of 40
                                        AWAR D
    
    1.             The Detailed Accident Report (DAR) was filed on
    06.06.2024 which was treated as a claim petition. The Road Traffic
    Accident in question took place on 08.03.2024 at about 12:00 PM at
    Minto Road Red Light, New Delhi. Mr. Mohd. Irshad (hereinafter
    referred to as the petitioner) had suffered grievous injuries in the said
    accident which was allegedly caused by vehicle bearing registration
    No.RJ-11PA-5114 (hereinafter referred to as the offending vehicle). The
    said vehicle was being driven by respondent no.1 Sh. Pramod Kumar;
    owned by respondent No.2 Sh. Tarun Singh and insured with respondent
    no.3 The Oriental Insurance Co. Ltd.
    
    
                                     BRIEF FACTS

    2. The brief facts that have emerged from the DAR are that on
    08.03.2024, on receipt of information of an accident vide DD No. 39A,
    the information of present accident was handed over to HC Narender,
    who alongwith Ct. Anil went to the spot Minto Road Red Light, New
    Delhi where no one found at the spot of accident. They got to know that
    the injured had been taken to LNJP hospital and collected the MLC
    no.116115741/24 of injured Mohd. Irshad. Injured denied to give his
    statement as he was suffering from pain.

    3. On 09.03.2024, injured came to the PS and IO recorded his
    statement. Thereafter, FIR u/s 279/337 IPC against the driver of the
    offending vehicle was registered on the basis of MLC and statement of
    injured. Injured had produced his accidental scooty before the IO.

    SPONSORED

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:18:10

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. +0530
    Page 2 of 40
    Thereafter, IO had taken the same into his custody and deposited the
    same in maalkhana. Thereafter, IO prepared the site plan at the instance
    of complainant. Thereafter, IO served the notice u/s. 133 MV Act upon
    the owner of the offending vehicle. Upon the said notice, owner had
    given written reply mentioning that the at the time of accident the
    offending vehicle was being driven by Mr. Deepak.

    4. Thereafter, owner had handed over the offending vehicle as
    well as the driver of the offending vehicle to the IO. IO interrogated Mr.
    Deepak, who informed that at the time of accident, the offending vehicle
    was being driven by Mr. Pramod Kumar. The said Mr. Pramod Kumar
    was produced by Mr. Deepak before the IO. At the same time injured
    came to the PS and he identified the driver i.e. Mr. Pramod that at the
    time of accident, he was driving the offending vehicle. Thereafter, IO
    interrogated Mr. Pramod Kumar, who accepted that at the time of
    accident he was driving the offending vehicle. Thereafter, IO served the
    notice u/s. 41 A CrPC upon Mr. Pramod and bound down him for further
    investigation.

    5. Thereafter, the documents of the offending vehicle were
    produced by the owner before the IO. Thereafter, mechanical inspection
    of both the accidental vehicles were got conducted. Thereafter, MLC of
    the injured was submitted in the hospital for the final opinion. The result
    was opined as “grievous” on MLC of the injured. Accordingly, the
    Section 337 IPC was changed to Section 338 IPC by the IO. IO had
    further added u/s.184 MV Act upon the driver of the offending vehicle.
    Thereafter, documents pertaining to the offending vehicle were got
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    Date:
    SINGLA 2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 3 of 40
    15:18:14
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    verified and the same were found to be correct. Thereafter, IO released
    the offending vehicle on superdari. After completion of investigation,
    chargesheet for the offences u/s. 279/338 IPC & u/s. 184 MV Act was
    filed against the driver of the offending vehicle, Mr. Pramod before the
    concerned Ld. JMFC and the DAR was filed before this Tribunal.

    WRITTEN STATEMENTS

    6. WS was filed on behalf of respondent no. 1 on 04.10.2024,
    wherein it was stated that the respondent no. 1 is an ambulance driver
    and no accident took place from his vehicle. However, the petitioner
    himself was driving his motorcycle in a rashly and negligently in zig
    zag manner and suddenly came in front of vehicle of respondent no. 1
    and had fallen down without touching of the vehicle of respondent no.

    1. Hence, the present case is liable to be dismissed.

    7. No WS was filed on behalf of respondent no. 2. Even he
    stopped appearing in the present matter. Hence, he was proceeded
    against ex-parte vide order dated 04.10.2024.

    8. WS on behalf of respondent no. 3 insurance company was
    filed on 06.08.2024, wherein it is stated that the driver of the offending
    vehicle was having Driving Licence of “NT” whereas CAT Ambulance
    is commercial vehicle. Further, it was stated that the petitioner was
    driving his scooty without a valid driving license and helmet. He also
    admitted that he could not see the offending vehicle as he was driving
    behind a DTC bus and collided with the offending vehicle. Therefore,
    the respondent no. 3 is not liable to pay compensation to the injured. Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:18:19

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 4 of 40
    +0530
    ISSUES

    9. On the basis of the pleading of the parties, vide order dated
    04.10.2024, this Tribunal framed the following issues:

    1. Whether the injured suffered grievous injuries
    in an accident that took place on 08.03.2024 at
    about 12:00 PM at Minto Road Red Light, New
    Delhi involving vehicle bearing registration No.
    RJ-11PA-5114 driven rashly and negligently by
    respondent no.1 Pramod Kumar, owned by
    respondent no.2 Tarun Singh and insured with
    respondent no.3 Oriental Insurance Co. Ltd.?

    OPP

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

    3. Relief.

    PETITIONER’S EVIDENCE

    10. The petitioner/injured examined himself as PW-1 on
    29.11.2025. He tendered his evidence by way of affidavit which is
    Ex.PW-1/A and the same bears his signatures at points-A & Î’. He relied
    upon the following documents:

    1. Copy of his Aadhaar Card which is Ex. PW1/1 (OSR).

    2. Original medical documents as Ex.PW1/2 (colly) (containing 11
    pages).

    3. Original medical bills and receipts as Ex. PW1/3 (colly) (containing
    16 pages) (page nos.6, 8, 10, 11, 13,14, 15 and 16 are computer
    generated copies) (objected to the mode of proof).

    4. Copy of his PAN card as Mark A. (The same was exhibited in my
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 5 of 40
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    affidavit as Ex. PW1/4 and now de-exhibited).

    5. Copy of his DL as Ex. PW1/5 (original DL is seized in the court of
    Ld. JMFC).

    6. Permanent Disability certificate as Ex. PW1/6.

    7. DAR as Ex. PW1/7 (colly).

    11. PW1 was duly cross examined by Ld. Counsels for
    respondent no. 1 and respondent no. 3. Thereafter, vide separate
    statement of petitioner, the PE was closed on 29.11.2025.

    RESPONDENT’S EVIDENCE

    12. No RE was led on behalf of the respondents. Hence, the
    RE was closed vide order dated 19.02.2026.

    FINAL ARGUMENTS

    13. The Petitioner has filed his duly filled Form XIV and
    financial statement of the injured was recorded. Final arguments were
    heard on behalf of parties.

    FINDINGS & OBSERVATIONS

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

    ISSUE NO.1:

    Whether the injured suffered grievous injuries in an
    accident that took place on 08.03.2024 at about 12:00 PM at Minto
    Road Red Light, New Delhi involving vehicle bearing registration No.
    RUCHIKA
    SINGLA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 6 of 40
    Digitally signed
    by RUCHIKA
    SINGLA
    Date:
    2026.05.23
    15:18:36 +0530
    RJ-11PA-5114 driven rashly and negligently by respondent no.1 Pramod
    Kumar, owned by respondent no.2 Tarun Singh and insured with
    respondent no.3 Oriental Insurance Co. Ltd.?

    15. The onus to prove this issue was upon the petitioner. It is
    the case of the petitioner that on 08.03.2024 at about 12:00 PM, he was
    driving his scooty. When he reached at Minto Road Red Light, New
    Delhi, the driver of the offending vehicle i.e. the respondent no. 1 came
    from wrong side very fast and carelessly in a negligent manner and hit
    his vehicle with great force. It is stated that due to the said accident, the
    petitioner fell and suffered injuries. The petitioner has reiterated the said
    facts on oath as PW1. The respondent no.1 was chargesheeted by the IO.
    The petitioner was treated at the hospital wherein it has specifically
    mentioned that the injuries are due to a road traffic accident. Hence, it is
    submitted that it is proved that the respondent no. 1 was driving the
    negligent in a rash and negligent manner due to which the petitioner
    suffered injuries.

    16. Per contra, it is submitted by Ld. Counsel for respondent
    no. 3 that the accident occurred due to the rash and negligent driving of
    the petitioner.

    17. Record perused.

    18. Though the respondents have denied the the rash and
    negligent act of the respondent no. 1, but it is pertinent to mention that
    in the proceedings before the claims tribunal, the facts are to be
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

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    established on the basis of preponderance of probabilities and not by the
    strict rules of evidence or the higher standard of beyond reasonable
    doubt as required in criminal cases. The burden of proof in the present
    cases is much lower than as placed in civil or criminal cases. In Bimla
    Devi & Ors. v. Himachal Road Transport Corporation & Ors
    (2009) 13
    SC 530, it has been held by Hon’ble Supreme Court of India that
    negligence must be decided on the touchstone of preponderance of
    probabilities and a holistic view must be adopted in reaching a
    conclusion.

    19. It is a matter of record that the respondent no. 1 was
    chargesheeted by the IO under Section 279/338 IPC. In National
    Insurance Co. Ltd. v. Pushpa Rana
    2009 ACJ 287 and United India
    Insurance Co. Ltd. v. Deepak Goel & Ors
    , 2014 (2) TAC 846 (Del)
    decided by the Coordinate Bench of the Hon’ble Delhi High Court, it
    was held as under :-

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

    20. Reliance is also being placed upon the judgment of Hon’ble
    Delhi High Court in case Bajaj Allianz General Insurance Co. Ltd. v.
    Meera Devi
    , 2021 LawSuit (Del) wherein it was held that “……in view
    of Delhi Motor Accident Claim Tribunal Rules, 2008, contents of DAR
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. 15:18:46
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    Page 8 of 40
    has to be presumed to be correct and read in evidence without formal
    proof of the same unless proof to the contrary was produced.”

    21. Further, the petitioner has categorically alleged that the
    respondent no.1 was coming from the wrong side. The same is also
    supported by the site plan prepared by the IO. The IO has also added
    Section 184 MV Act in the chargesheet, which is the offence for
    dangerous driving. Even otherwise, the petitioner was unknown to
    respondent no.1 prior to the accident and admittedly, there was no prior
    enmity with respondent no. 1 and hence, it is beyond comprehension as
    to why the petitioner will implicate respondent no.1 falsely, had he not
    been driving the offending vehicle.

    22. It is a settled law that the petitioner cannot be expected to
    prove the accident beyond reasonable doubts and the principle of res
    ipse loquitor should apply which means that the “accident speaks for
    itself”. Thus, once it has been established in DAR and chargesheet that
    the accident had taken place, the burden shifts on the respondents to
    prove that they were not responsible for the accident which the
    respondents have failed to discharge. No evidence was led by the
    respondents no. 1 & 2 to discharge this onus. Hence, an adverse
    inference is drawn against the respondents. In this regard, reliance is
    placed on the judgments of Hon’ble High Court of Delhi in the cases of
    Teja Singh Vs Suman & Ors., MAC. APP. 1111/2018 & CM APPL.
    52384/2018, 52386/2018, date of decision 06/12/2019; MAC. APP.

    428/2018, titled as The Oriental Insurance Co. Ltd. Vs Kamla Devi &
    Ors
    , date of decision 08.11.2019 and MAC. APP.
    690/2017 & CM
    Digitally
    signed by
    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. RUCHIKA
    RUCHIKA SINGLA Page 9 of 40
    SINGLA Date:

    2026.05.23
    15:18:52
    +0530
    APPL. 28108/2017, titled as Reliance General Insurance Company Ltd.
    Vs Mona & Ors.
    , date of decision 15.10.2019, which had relied upon the
    judgment in the case of Cholamandalam Insurance Co. Ltd. Vs Kamlesh
    2009(3) AD Delhi 310.

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

    “27. …This Court in a recent decision in Dulcina Fernandes,
    noted that the key of negligence on the part of the driver of
    the offending vehicle as set up by the claimants was
    required to be decided by the Tribunal on the touchstone of
    preponderance of probability and certainly not by standard
    of proof beyond reasonable doubt. Suffice it to observe that
    the exposition in the judgments already adverted to by us,
    filing of chargesheet against Respondent 2 prima facie
    points towards his complicity in driving the vehicle
    negligently and rashly. Further, even when the accused were
    to be acquitted in the criminal case, this Court opined that
    the same may be of no effect on the assessment of the
    liability required in respect of motor accident cases by the
    Tribunal.

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

    2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 10 of 40
    15:19:01
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    record and manifestly wrong.”

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

    Contributory Negligence:

    25. Ld. Counsel for respondent no. 3 has argued that the
    petitioner was guilty of contributory negligence as he was driving the
    scooty with valid driving license. However, the petitioner proved his
    driving license as Ex. PW1/6. Hence, this argument does not need any
    further discussion.

    26. Secondly, it is submitted that contributory negligence can
    be attributed upon the petitioner as he was driving the scooty without a
    helmet. In Ram Niwas Meena & Anr vs Neeraj Kumar Mishra
    MAC.APP
    . 577/2017 decided on 5 September, 2017, the Hon’ble High
    Court of Delhi has observed:

    “7. It, however, must be noted in this very context that the
    entire record of investigation does not indicate, not even
    RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Date: 2026.05.23
    15:19:05 +0530 Page 11 of 40
    remotely, presence of any helmet either of the rider Ranjeet
    Mishra or of the pillion rider Naresh Kumar Mishra having
    been found either at the scene or on their person. No injury on
    account of impact of helmets on their respective heads if worn
    at the relevant point of time has been noticed either in the MLC
    or by the autopsy doctor. In these circumstances, mere word of
    PW-1 that both the riders were sporting helmets cannot be
    accepted. A finding must be returned that both were riding on
    the motorcycle without taking the precaution of wearing
    helmets.

    8. In above facts and circumstances, while the finding of the
    tribunal holding the bus driver responsible for the collision
    cannot be questioned, it must be concluded that both the riders
    of the motorcycle had also contributed to the cause for the
    serious injuries suffered by each of them in that they did not
    take precaution of wearing the helmets on their respective
    heads. The element of contributory negligence, in the facts and
    circumstances, is assessed to the extent of twenty five per cent
    (25%). Deduction to that extent from the compensation
    awarded by the tribunal will have to be made. Ordered
    accordingly.

    9. Thus, both appeals are partly allowed. The compensation
    determined by the tribunal in the two cases shall be paid after
    deducting twenty five per cent (25%) on account of
    contributory negligence.”

    27. In the present matter, the petitioner has not suffered injuries
    on his head. His disability is also in his arm. Hence, there is no nexus
    between the accident and his not wearing a helmet. Hence, no
    contributory negligence is attributed upon the petitioner.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:19:10
    +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 12 of 40
    Injury:

    28. It is also a matter of record that the petitioner has suffered
    grievous injuries in the present matter. To prove the same, the petitioner
    has relied upon his MLC dated 08.03.2024 issued by Lok Nayak
    Hospital, Delhi as per which he was brought to the hospital with history
    of road traffic accident. He suffered various injuries on his hand
    including a fracture His medical record is Ex. PW1/2 (colly). He has
    proved a Discharge Summary dated 31.03.2024 issued by Lok Nayak
    Hospital, Delhi, as per which he was admitted in the hospital on
    23.03.2024 and discharged on 31.03.2024. He was operated upon and
    plating was done. He has also relied upon his Disability Certificate as
    per which he has suffered 8% permanent disability in his right arm and
    left thumb.

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

    ISSUE NO. 2:

    Whether the petitioner/injured is entitled for compensation? If
    so, to what amount and from whom? OPP. RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:19:17 +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 13 of 40

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

    “General principles relating to compensation in injury
    cases

    4. The provision of The Motor Vehicles Act, 1988
    (`Act’ for short) makes it clear that the award must be just,
    which means that compensation should, to the extent
    possible, fully and adequately restore the claimant to the
    position prior to the accident. The object of awarding
    damages is to make good the loss suffered as a result of
    wrong done as far as money can do so, in a fair, reasonable
    and equitable manner. The Court or tribunal shall have to
    assess the damages objectively and exclude from
    consideration any speculation or fancy, though some
    conjecture with reference to the nature of disability and its
    consequences, is inevitable. A person is not only to be
    compensated for the physical injury, but also for the loss
    which he suffered as a result of such injury. This means
    that he is to be compensated for his inability to lead a full
    life, his inability to enjoy those normal amenities which he
    would have enjoyed but for the injuries, and his inability to
    earn as much as he used to earn or could have earned. ( See
    C. K. Subramonia Iyer vs. T. Kunhikuttan NairAIR 1970
    SC 376, R. D. Hattangadi Vs. Pest Control (India) Ltd
    .

    1995 (1) SCC 551 and Baker vs. Willoughby – 1970 AC

    467).

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

    Pecuniary damages (Special Damages)

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

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. 15:19:22
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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 for 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).”

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

    Medical expenses:

    32. The petitioner has claimed the medical expenses to the tune
    of Rs. 25,248/-. The petitioner has placed bills to the tune of Rs.
    28,693/- on record. Hence, a sum of Rs. 28,693/- is awarded to him
    RUCHIKA
    SINGLA
    Digitally signed by

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 15 of 40
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:19:26 +0530
    under this head.

    Loss of income:

    33. In this regard, it is submitted by the petitioner that at the
    time of the accident, he was working as a Salesman with a stationary
    company at Delhi and earning a sum of Rs. 22,500/- pm. However, it is
    conceded that his income proof is not available. Hence, his income may
    be assessed as per the applicable minimum wages. Further, it is stated
    that due to the accident, the petitioner could not work for 10 months.

    34. Record perused.

    35. No evidence has been led by the petitioner to prove that he
    was earning Rs. 22,500/- pm. His educational documents are not proved
    on record. In view of the same, his income shall be assessed as per the
    minimum wages. However, the petitioner is holding a valid driving
    license, which is Ex. PW1/6. In IFFCO Tokio GIC Vs. Mithlesh Devi
    MAC App 947/2018 decided on 26.09.2019, the Hon’ble High Court
    has observed that:

    “A person bearing a driving license possesses a skill which is
    tested and certified by the Road Transport Authority. The
    skill is certified by the state, therefore, such person would be
    entitled to be classified as a skilled workman… In these
    circumstances, the Ld. Tribunal has rightly taken into
    consideration the minimum wages applicable to a skilled
    person”.

    36. Similar observations have been given by the Hon’ble High
    Court of Delhi in Oriental Insurance Co. Ltd. Vs. Raj Singh MAC. APP
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 16 of 40
    15:19:31
    +0530
    364/2016 decided on 20/11/2019 and IFFCO Tokio General Vs. Indra
    Devi MAC.APP
    1135/2017 decided on 29.05.2018. Further, the Hon’ble
    Supreme Court in Kirti & Anr. Vs. OIC Ltd. Civil Appeal No. 19-20 of
    2021 decided on 05.01.2021 has observed that where a person
    maintained a reasonable standard of living for his family as evidenced
    by his use of motorcycle for commuting, his income can be ascertained
    as applicable to skilled workers.

    37. Hence, in view of the above mentioned observations of the
    Hon’ble High Court and the Hon’ble Supreme Court, the income of the
    deceased is assessed as per the minimum wages payable to a skilled
    person, as he was holding a valid driving license. The date of the
    accident is 08.03.2024. Hence, as per the applicable notification, his
    monthly income is assessed to be Rs.21,215/-.

    38. It is the matter of record that due to the accident, the
    petitioner suffered injuries. He has proved a Discharge Summary dated
    31.03.2024 issued by Lok Nayak Hospital, Delhi, as per which he was
    admitted in the hospital on 23.03.2024 and discharged on 31.03.2024.
    He was operated upon and plating was done. He went for follow ups till
    January 2025. He has also relied upon his Disability Certificate as per
    which he has suffered 8% permanent disability in his right arm and left
    thumb. However, as submitted by Ld. Counsel for respondent no.3, there
    are no documents that he was on bed rest for the entire period. In view
    of the same, considering his treatment record, it can be assumed that the
    petitioner could not have worked for about 6 months due to the injuries.
    Accordingly, it is held that the petitioner shall be entitled to the loss of
    RUCHIKA
    SINGLA
    Digitally signed
    by RUCHIKA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 17 of 40
    SINGLA
    Date: 2026.05.23
    15:19:35 +0530
    income for 6 months i.e. Rs.21,215/- x 6 = Rs. 1,27,290/-.

    Special diet:

    39. The petitioner is claiming a sum of Rs. 40,000/- towards
    special diet. Although, there is no bill to support his plea, but keeping in
    view the nature of injury suffered by the petitioner, it seems that he must
    have required special diet and must have incurred expenditure towards
    special diet, therefore, a sum of Rs. 25,000/- is awarded to the petitioner
    under the head of special diet.

    Conveyance charges:

    40. The petitioner is claiming a sum of Rs. 25,000/- towards
    conveyance charges. Admittedly there is no document showing expense
    on conveyance, however, considering his injuries, this Tribunal is of the
    view that the petitioner must have spent money on conveyance thus, the
    petitioner is awarded a sum of Rs. 25,000/- towards conveyance charges.

    Attendant charges:

    41. The petitioner has claimed a sum of Rs. 36,000/- towards
    attendant charges. Admittedly there is no document showing expense on
    an attendant. However, considering the period of treatment of the
    petitioner and his injuries, the petitioner is awarded a sum of Rs.

    36,000/- towards attendant charges.

    Pain & Suffering:

    42. The petitioner/injured has claimed Rs. 1,00,000/- under the
    head pain and suffering. It is not possible to quantify the compensation
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. SINGLA Date:

    2026.05.23
    Page 18 of 40
    15:19:40
    +0530
    admissible to petitioner for the shock, pain and sufferings etc. which he
    actually suffered because of the above injuries, but as stated above, an
    effort has to be made to compensate him for the same in a just and
    reasonable manner. Hence, keeping in view the extent and nature of the
    injuries suffered by petitioner and duration of the treatment taken by him
    etc., he is awarded a total amount of Rs. 50,000/- towards pain and
    sufferings to the petitioner.

    Mental and physical shock:

    43. The petitioner/injured has claimed Rs. 50,000/- under the
    head for loss due to mental shock. Although, there is nothing on record
    to prove the same but keeping in view his injuries, it cannot be denied
    that he would definitely have suffered mental agony. Hence, a sum of
    Rs. 35,000/- is awarded to the petitioner under head of “Loss due to
    Mental & Physical Shock”.

    Loss of amenities:

    44. The petitioner/injured has claimed Rs. 1,00,000/- under the
    head this head. Although, there is nothing on record to prove the same
    but keeping in view his injuries, a sum of Rs. 30,000/- is awarded to the
    petitioner under this head.

    Disfiguration:

    45. The petitioner/injured has claimed Rs. 50,000/- under the
    head this head. However, no disfiguration is proved to have been caused
    to the petitioner. Hence, no amount is awarded to the petitioner under
    this head. RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:19:44 +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 19 of 40
    Loss of marriage prospects

    46. Nil

    Loss of earning, inconvenience, disappointment, frustration, mental
    stress, dejectment and unhappiness in future life etc.:

    47. The petitioner has claimed a sum of Rs. 1,00,000/- under
    this head towards loss of earning. Considering the nature of the injuries
    suffered by the petitioner, a sum of Rs. 50,000/- is awarded to the
    petitioner under this head.

    Future medical expenses

    48. The petitioner has claimed Rs. 40,000/- for future medical
    expenses for treatment of implant removal. Considering the treatment
    record, the said amount i.e. a sum of Rs. 40,000/- is awarded to the
    petitioner under this head.

    Loss of future earnings due to disability:

    49. It is submitted by Ld. Counsel for the petitioner that the
    petitioner has suffered permanent disability to the tune of 8%. Due to the
    same, he is unable to work. Hence, his functional disability may be
    considered as 100%. Same is opposed by Ld. Counsel for respondent
    no.3. It is submitted that the petitioner is working as a Salesman and the
    disability in his arm shall not affect his ability to work. Hence, he has
    not suffered from any functional disability.

    50. In the case of Raj Kumar Vs. Ajay Kumar & Ors. (2011) 1
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. SINGLA Date:

    2026.05.23
    15:19:50
    +0530
    Page 20 of 40
    SCC 34, Hon’ble Supreme Court held as under:

    “Where the claimant suffers a permanent disability as a
    result of injuries, the assessment of compensation under the
    head of loss of future earnings, would depend upon the
    effect and impact of such permanent disability on his
    earning capacity. The Tribunal should not mechanically
    apply the percentage of permanent disability as the
    percentage of economic loss or loss of earning capacity. In
    most of the cases, the percentage of economic loss, that is,
    percentage of loss of earning capacity, arising from a
    permanent disability will be different from the percentage
    of permanent disability. Some Tribunals wrongly assume
    that in all cases, a particular extent (percentage) of
    permanent disability would result in a corresponding loss of
    earning capacity, and consequently, if the evidence
    produced show 45% as the permanent disability, will hold
    that there is 45% loss of future earning capacity. In most of
    the cases, equating the extent (percentage) of loss of
    earning capacity to the extent (percentage) of permanent
    disability will result in award of either too low or too high a
    compensation. What requires to be assessed by the Tribunal
    is the effect of the permanently disability on the earning
    capacity of the injured; and after assessing the loss of
    earning capacity in terms of a percentage of the income, it
    has to be quantified in terns of money, to arrive at the future
    loss of earnings (by applying the standard multiplier
    method used to determine loss of dependency).”

    51. Hence, the Tribunal has to examine as to how the disability
    suffered by the petitioner affects his ability to earn. The disability of the
    petitioner is not disputed. The petitioner is working as a Salesman. At
    the time of the recording of his financial statement, he has stated that he
    is working with the same company as prior to the accident on the same
    salary. As per the Disability Certificate, he has suffered 8% permanent
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 21 of 40

    2026.05.23
    15:19:55
    +0530
    disability in his right arm and left thumb, which is likely to affect his
    arm movement. Though, right now his employment may not suffer, but
    his promotional avenues may suffer. In view of the same, his functional
    disability is ascertained to be as 4%.

    52. This Tribunal has already assumed the monthly income of
    petitioner to be Rs.21,215/- at the relevant time. As far as the age of
    petitioner at the time of accident is concerned, as per the petitioner’s
    Aadhar card Ex. PW1/1 and his PAN card Mark A, his date of birth is
    07.11.1984. However, in his driving license Ex. PW1/5, his date of birth
    is mentioned as 07.11.1982. The aadhar card was issued earlier. Hence,
    the date mentioned on the same shall be taken as the correct date. The
    date of accident is 08.03.2024. Hence, the age of petitioner as on the
    date of accident was 39 years. Therefore, in view of the law laid down
    by the Hon’ble Supreme Court in case of Sarla Verma & Ors. Vs. Delhi
    Transport Corporation & Anr.
    ,(2009) 6 SCC 121, which has also been
    upheld by the Constitution Bench of the Hon’ble Supreme Court in a
    recent judgment dated 31.10.2017 given in the case of National
    Insurance Company Ltd. vs. Pranay Sethi & Ors. SLP (Civil) No.
    25590
    of 2014, the multiplier of ’15’ is held applicable for calculating the loss
    of future earnings of petitioner arising out of his above disability.

    53. Further, by adopting the principles laid down in the case of
    National Insurance Co. Ltd. Vs. Pranay Sethi & Ors. 2017 ACJ 2700
    (SC), the future prospects of the petitioner shall be 40% as he was less
    than 40 years at the time of accident. As already discussed in the
    preceding para, the income of the petitioner has been taken as
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 22 of 40
    SINGLA Date:

    2026.05.23
    15:20:00
    +0530
    Rs.21,215/-. In view of the above, the loss of Income on account of
    functional disability is calculated as under:

    Monthly income                       Rs.21,215/-
    Annual Income                        Rs.21,215/- x 12 =
                                         Rs. 2,54,580/-
    

    Add Future Prospects @40% Rs. 1,01,832/-

    Total income                         Rs. 3,56,412/-
    Disability @ 4%                      Rs. 3,56,412/- x 4%= Rs. 14,256.48
    Loss      of       Income    after Rs. 14,256.48 x 15 = Rs. 2,13,484.20
    multiplier (15)                      (rounded off to Rs. 2,13,484/-)
    
    
    

    54. Thus, keeping in view the nature of injuries sustained by
    the petitioner as well as the disability suffered by him, it is held that the
    petitioner shall be entitled to Rs.2,13,484/- under the head future loss of
    income.

    Loss of amenities or loss of expectation of life span on account of
    disability:

    55. The petitioner/injured has not claimed any amount under
    the head this head.

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

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

                                                                         2026.05.23
                                                                         15:20:04
                                                                         +0530
    
    
    
    
    MACT No.416/2024        Mohd. Irshad Vs. Pramod Kumar and Ors.                    Page 23 of 40
               NAME OF HEAD                        AMOUNT (in Rupees)
    Expenditure on Treatment                     Rs. 28,693/-
    Monthly income of injured                    Rs.21,215/-
    Loss of income x 6 months                    Rs. 1,27,290/-
    Add future prospects                         40%
    

    Loss of future income (income X Rs.2,13,484/-
    % Earning Capacity X Multiplier)
    Future medical expenses Rs. 40,000/-
    Expense on special diet Rs. 25,000/-

    Conveyance charges                           Rs. 25,000/-
    Attendant charges                            Rs. 36,000/-
    

    Mental & Physical Shock & Pain & Rs. 50,000+ Rs. 35,000/- =
    Suffering Rs. 85,000/-

    Loss of amenities                            Rs. 30,000/-
    Disfiguration                                Nil
    Loss of marriage prospects                   Nil
    

    Loss of earning, inconvenience, Rs. 50,000/-

    hardship,          disappointment,
    frustration,     mental     stress,
    dejectment and unhappiness in
    future life etc.
    Total                                         Rs. 6,60,467/-
    
    

    57. In the case of Oriental Insurance Company Ltd. Vs. Niru @
    Niharika & Ors. SLP
    no. 22136 of 2024 decided on 14.07.2025 , the
    Hon’ble Supreme Court has upheld awarding of 9% interest per annum.

    Therefore, it is held that the petitioner shall be entitled to interest @ 9%
    per annum from the date of filing of DAR i.e. 06.06.2024 till realization.

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:09
    +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 24 of 40
    DISBURSEMENT

    58. The Financial Statement of petitioner/injured was recorded
    by this Court/Tribunal. As per the said statement, the monthly expenses
    of his family are approximately Rs. 35,000/- to Rs. 40,000/- per month.

    59. The Hon’ble Delhi High Court vide orders dated 07.12.2018
    & 08.01.2021 in FAO No. 842/2003 under the title Rajesh Tyagi & Ors.

    Vs. Jaivir Singh & Ors. has given the following directions:

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

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

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

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

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

    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:14
    +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 25 of 40

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

    60. However, in a recent judgment passed by the Hon’ble
    Supreme Court of India titled as Parminder Singh vs Honey Goyal on 18
    March, 2025 in S.L.P. (C) No. 4484 OF 2020 has held that :

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

    17.1 For that purpose, the Tribunals at the initial stage of
    pleadings or at the stage of leading evidence may require
    the claimant(s) to furnish their bank account particulars to
    the Tribunal along with the requisite proof, so that at the
    stage of passing of the award the Tribunal may direct that
    the amount of compensation be transferred in the account of
    the claimant and if there are more than one then in their
    respective accounts. If there is no bank account, then they
    should be required to open the bank account either
    individually or jointly with family members only. It should
    also be mandated that, in case there is any change in the
    bank account particulars of the claimant(s) during the
    pendency of the claim petition they should update the same
    before the Tribunal. This should be ensured before passing
    of the final award. It may be ensured that the bank account
    should be in the name of the claimant(s) and if minor,
    through guardian(s) and in no case it should be a joint
    Digitally signed
    RUCHIKA by RUCHIKA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors.SINGLA SINGLA
    Date: 2026.05.23
    15:20:18 +0530
    Page 26 of 40
    account with any person, who is not a family member. The
    transfer of the amount in the bank account, particulars of
    which have been furnished by the claimant(s), as mentioned
    in the award, shall be treated as satisfaction of the award.
    Intimation of compliance should be furnished to the
    Tribunal.”

    61. In view of the same, the award amount can now be
    disbursed in the Savings Bank Account of the petitioner. However, the
    remaining directions as passed by the Hon’ble High Court shall be
    complied with. It is directed that the award amount be deposited by the
    respondent no. 2 in the bank account of Tribunal bearing A/c. no.
    42704293960, SBI, THC, Delhi in the name of MACT-01, Central,
    IFSC Code: SBIN0000726.

    62. After considering the financial statement of the petitioner, it
    is held that on realization of the award amount of Rs. 7,77,071/- (Rupees
    Seven Lakhs Seventy Seven Thousand Seventy One only), Rs.
    2,77,071/- (Rupees Two Lakhs Seventy Seven Thousand Seventy One
    only) be released to the petitioner/claimant immediately in his bank
    account maintained at State Bank of India, Asaf Ali Road, Delhi bearing
    no. 43200879210, IFSC SBIN0000745, CIF no. 91837993158.

    63. The balance amount of Rs. 5,00,000/- (Rupees Five Lakhs
    only) shall be put in 20 monthly fixed deposits in his name in MACAD
    account of equal amount of Rs. 25,000/- (Rupees Twenty Five Thousand
    only) each for a period of 01 month to 20 months respectively, with
    cumulative interest, in terms of the directions contained in FAO No.
    RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:20:22 +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 27 of 40
    842/2003 dated 07.12.2018 & 08.01.2021. Besides the above said
    amount, amount of FDRs on maturity, shall automatically be transferred
    in his saving account maintained in a nationalized bank situated near the
    place of his residence without the facility of cheque book and ATM card.

    64. Further, it is directed that if the amount is being disbursed
    to the petitioner in his savings bank accounts, he shall not avail any
    loan/advance facility on the FDRs without the permission of this
    Tribunal. Further, he shall not encash the FDRs before their maturity
    without the permission of this Tribunal.

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

    SUMMARY OF AWARD:

    Date of Accident:                    08.03.2024
    Name of the Injured:                 Mohd Irshad
    Age of the Injured:                  Presently 40 years
    Occupation of the Injured:           Salesman
    Income of the Injured:               Rs. 21,215/-
    Nature of Injury:                    Grievous
    Medical Treatment taken:             Lok Nayak Hospital, Delhi
    Period of Hospitalization:           23.03.2024 to 31.03.2024
    Whether any permanent:               Yes
    disability?                                                              Digitally
                                                                             signed by
                                                                             RUCHIKA
                                                                     RUCHIKA SINGLA
                                                                     SINGLA  Date:
                                                                             2026.05.23
                                                                             15:20:27
                                                                             +0530
    
    
    
    
    MACT No.416/2024        Mohd. Irshad Vs. Pramod Kumar and Ors.                        Page 28 of 40
                          COMPUTATION OF COMPENSATION
    Sr.                    Heads                           Awarded by the Claims Tribunal
    No.
    1.     Pecuniary Loss:
     (i) Expenditure on Treatment                                           Rs. 28,693/-
     (ii) Expenditure on Special Diet                                       Rs. 25,000/-
    (iii) Expenditure on                                                    Rs. 36,000/-
          Nursing/Attendant charges
    (iv) Expenditure on Conveyance                                          Rs. 25,000/-
     (v) Monthly income of injured                                          Rs.21,215/-
    (vi) Loss of income x 6 months                                      Rs. 1,27,290/-
    (vii) Add future prospects                                                  40%
    viii) Future Medical Expenses                                           Rs. 40,000/-
    2.     Non Pecuniary Loss
     (i) Compensation for mental and                           Rs. 50,000+ Rs. 35,000/- =
         physical shock
                                                                            Rs. 85,000/-
     (ii) Pain and Sufferings
    (iii) Loss of amenities of life                                         Rs. 30,000/-
    (iv)
           Disfiguration                                                          Nil
     (v) Loss of marriage prospects                                               Nil
    (vi) Loss of earning, inconvenience,                                    Rs. 50,000/-
         hardships, disappointment,
         frustration, mental stress,
         dejectment and unhappiness in
         future life etc.
    

    3. Disability resulting in loss of earning capacity:

    (i) Percentage of disability assessed 8% permanent disability
    and nature of disability as
    permanent or temporary

    (ii) Loss of amenities or loss of Nil
    expectation of life span on
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. 2026.05.23
    15:20:32
    +0530 Page 29 of 40
    account of disability

    (iii) Percentage of loss of earning 4%
    capacity in relation to disability

    (iv) Loss of future income – (income Rs.2,13,484/-

    x % earning capacity x
    Multiplier)

    4. Total Compensation Rs. 6,60,467/-

    5. Interest awarded 9%

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

          award      passed    by     Ld.
          Predecessor) to be deducted
          from present award amount .
    7.    Interest amount upto the date of              Rs. 1,16,604.09 (rounded off to Rs.
          award w.e.f. 06.06.2024 till                              1,16,604/-)
          realization
    8.    Total amount including Interest                              Rs. 7,77,071/-
    9.    Award amount released                          As mentioned in para nos. 62 & 63
    10.   Award amount kept in FDRs                                    Rs. 5,00,000/-
    11.   Mode of disbursement of the                    As mentioned in para nos. 62 & 63
          award amount of the claimant(s)
    12.   Next date for compliance of the                                  03.07.2026
          award
    
    
                                            LIABILITY:
    

    66. It has been established that the offending vehicle was being
    driven by respondent no.1 and that respondent no.2 is the owner of the
    same and the offending vehicle was insured with respondent no. 3. It is
    argued by the Ld. Counsel for the respondent no. 3 that the respondent
    no.1 was carrying a license to drive vehicles of NT category i.e. non-

    Digitally
    signed by
    RUCHIKA

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 30 of 40
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:37
    +0530
    transport vehicle. However, an ambulance falls under the category of a
    transport vehicle under the Central Motor Vehicles Rules. Hence, it is
    submitted that by virtue of the amendment in Section 150 MV Act, as
    the respondent no. 1 was not carrying a valid driving license at the time
    of the accident, the respondent no. 3 insurance company is entitled to
    take the defence under Section 150 (2)(a)(ii) MV Act. It is submitted
    that prior to the Amendment of April, 2022, where any of the defences
    was available to the company as stipulated under the Act, the insurance
    company had the liability to pay the compensation amount and was
    entitled to recover the same from the driver/owner. Now, the provision
    of pay and recover has been deleted by the introduction of the
    Amendment Act, meaning thereby that the defences, as provided in the
    Act, if proved on record by the insurance company, then the insurance
    company shall not be liable to pay the compensation amount to the
    petitioners.

    67. Per contra, it is submitted by Ld. Counsel for the petitioner
    that the present case is filed under the Motor Vehicles Act, which is a
    beneficial legislation.

    68. Record perused.

    69. It is a matter of record that by virtue of the Amendment Act
    of 2022, the principle of pay and recover has been removed by the
    Parliament. Our own Hon’ble High Court has taken a similar view in
    Go Digit General Insurance Co. v. Mohd Javed MAC. App 416/2025
    decided on 09.07.2025, in a similar matter, wherein it has observed that:

    Digitally
    signed by

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 31 of 40
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:42
    +0530
    “So far as concerns the award of recovery rights, clearly that
    appears to be an inadvertent error by the Ld. Trial Court
    since, after the amendment to Section 166 (3) of the MV Act
    w.e.f. 01.04.2022 which is the provision for grant of recovery
    rights is no longer available in the statute book.”

    70. However, the said observations were given by the Hon’ble
    High Court in a passing reference and is not a ratio decidendi. However,
    in ICICI Lombard General Insurance Co Ltd vs Smt. Arti Devi And
    Others
    2025:AHC:14110 decided by the Hon’ble High Court of
    Allahbad on 31 January, 2025, in a similar set of circumstances, it was
    observed that:

    “21. When the language used in sub-Section (4) of Section
    149
    prior to amendment as replaced by sub-Section (4) of
    Section 150 by the Amendment Act of 2019, is carefully
    examined, the words “shall, as respects such liabilities as are
    required to be covered by a policy under clause (b) of sub-
    section (1) of section 147, be of no effect” would only mean
    that under the circumstances covered by sub-Section (4),
    either of Section 149 or Section 150, the insurer would be
    well within its rights to avoid liability flowing from the
    insurance policy. Meaning thereby that the insurer would be
    absolved of bearing liability to pay compensation to the
    claimants. It does not mean that the insurer would also be
    absolved from its liability to indemnify the owner’s risk. Such
    indemnification will still continue to remain alive and the
    insurer shall have to first pay the compensation through
    indemnification and, then, it shall have a right to recover
    from the owner the amount paid as the ultimate liability shall
    have to be borne by the owner and not by insurer. In such an
    event, there would be no financial loss to the insurer as it
    would be compensated through recovery from the owner. The
    aforesaid provisions are expressly to give defence to the
    insurer and have to be read to that extent only and not to
    RUCHIKA
    SINGLA
    Digitally signed by

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 32 of 40
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:20:46 +0530
    interpret as if the liability to indemnify stands washed away.
    It therefore follows that even if the proviso to sub-Section (4)
    would not have been there before the amendment, the
    indemnification concept would have still remained alive and
    operative and, hence, mere omission of the proviso by the
    Amendment Act of 2019 would be of no avail.

    22. Therefore, when Shri Parihar urges that if, in every case,
    liability to pay compensation has to be borne by the Insurance
    Company, there would be no effect of providing grounds for
    defence either under sub-section (2) of the Act prior to
    amendment or under sub-section (2) of the Act after
    amendment, this Court finds no force in the submission. The
    reason is that providing grounds of defence under the said
    provisions would be read so as to give an opportunity to the
    Insurance Company to avoid passing of award against it, i,e,
    holding it liable to bear the award. The said liability to have
    an award against the Insurance Company is distinct from the
    situation where award is against the owner and insurer is
    made liable to pay compensation to the claimants and then
    recover the same from the owner. Non-receipt of premium as
    required under Section 64(V)B of the Insurance Act, 1938 has
    now been added in Section 150(2). It reflects that even in a
    case where premium is not received by the Insurance
    Company, it can raise a ground of challenge so as to avoid
    passing of award against it and, in that event also, award
    would be drawn against the owner. When payment or non-
    payment of premium is significant after amendment and has
    been made a ground of defence, the Court observes that a
    third party risk is covered under the policy which is a contract
    and premium qua third party risk is received by the insurer in
    relation to the contract. Therefore, policy continues to subsist
    to cover third party risk so long the premium is received and
    non-payment thereof would absolve the Insurance Company
    from its liability of an award being passed against it.

    31. A bare perusal of clause 2 read with clause 5 (b) and
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:51
    +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 33 of 40
    clause 51 reflects that the intention of the legislature was
    never to withdraw protection and reliefs as regards
    compensation ensured by the previous existing provisions.
    Rather, the Bill strives more towards ensuring expeditious
    help to the accident victims and their families. The emotional
    and social trauma caused to the family which loses its bread
    winner, is still one of the special considerations as set forth in
    the Statement above, The Bill was brought with an object to
    replace the existing provisions of insurance with simplified
    provisions in order to provide expeditious help to accident
    victims and their families. There is nothing in the Statement
    of Objects and Reasons which may, either directly or
    indirectly, infer withdrawal of insurer’s liability to pay
    compensation as soon as the award is declared, even in case
    of occurrence of breach of policy or other existence of similar
    grounds of defence available to the insurer. Therefore, the
    purpose behind bringing amendments in the Act of 1988 was
    clearly to provide immediate financial help to the accident
    victims and their dependents and not to create a situation
    where they are made to run from pillar to post even after an
    award is declared in their favour.

    37. From the over all discussion made above, it is crystal
    clear that the object of the Motor Vehicles Act, 1988, either
    before the amendment or thereafter, particularly covered by
    Chapter XI thereof, is to compensate victims of accidents in
    case of an insurance policy being in existence. In view of the
    interpretation made, holding that omission of the proviso
    would exonerate the insurer of its liability to indemnify at the
    first instance would be too wild a proposition and would
    result in creating a situation where the insurer would be out
    of scene despite an insurance policy being there and the
    claimants would have to again fight for getting the amount of
    compensation through execution proceedings in one way or
    the other, searching the owner through the process of Court.

    In such an event, the claimants would face further harassment
    and nobody knows that despite a money decree in the nature
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:20:55

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. +0530
    Page 34 of 40
    of an award being there in their favour, as to whether the
    claimants would ever be able to get the compensation
    realized through recovery proceedings directly from the
    owner. Accordingly, the legislative intent becomes clear and
    there is nothing to support the insurer’s arguments flowing
    from interpretation of Statute or Causus Omissus. The
    contention advanced on behalf of insurer stands discarded.

    38. The Court, therefore, holds that mere omission of proviso
    attached to sub-section (4) of Section 149 of Motor Vehicles
    Act, 1988 after its replacement by Section 150 of Motor
    Vehicles (Amendment) Act, 2019 (32 of 2019), neither takes
    away the liability of the insurer to pay the claimants nor its
    right to recover the said amount from the owner. The law to
    this effect remains intact and unaffected by Amendment Act,
    2019
    and, hence, insurer shall continue to indemnify the
    owner’s risk in relation to accidents taking place after
    01.04.2022 and “PAY & RECOVER” principle will still
    continue to govern the field advancing social object of the
    Statute protecting third party interest. Principle of law laid
    down by the Supreme Court in National Insurance Company
    Limited vs. Swaran Singh and others
    , JT 2004 (1) SC 109 has
    not lost its significance and binding effect despite omission of
    proviso. Held accordingly. “

    71. Hence, in view of the above mentioned observations,
    it is directed that the respondent no. 3 shall be liable to pay the
    compensation to the petitioner and then the respondent no.3 shall be
    entitled to recover the said amount from the respondents no. 1 & 2.
    Issue No. 2 is accordingly decided in favour of the petitioner and
    against the respondents.

    RUCHIKA
    SINGLA
    Digitally signed by
    RUCHIKA SINGLA
    Date: 2026.05.23
    15:21:00 +0530

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 35 of 40
    RELIEF:

    72. The respondent no.3 is directed to deposit a sum of Rs.
    6,60,467/- (Rupees Six Lakhs Sixty Thousand Four Hundred Sixty
    Seven only) along with interest @ 9% from the date of filing of DAR
    i.e. 06.06.2024 till realization with the bank account of this Tribunal at
    SBI, Tis Hazari Courts, Delhi within 30 days under intimation to the
    claimant, failing which the said respondent shall be liable to pay interest
    @ 12% per annum for the period of delay beyond 30 days. Reliance
    placed on case titled as Oriental Insurance Company Ltd. Vs. Niru @
    Niharika & Ors. SLP
    no. 22136 of 2024 decided on 14.07.2025 by the
    Hon’ble Supreme Court.

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

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

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

    Ahlmad is directed to send the copy of the award to
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. SINGLA Date:

    2026.05.23
    15:21:04
    Page 36 of 40
    +0530
    Ld. Metropolitan Magistrate concerned and Delhi Legal Services
    Authority in view of Central Motor Vehicles (fifth Amendment) Rules,
    2022 [(Directions at serial nos. 39, 40 of Procedure for Investigation of
    Motor Vehicle Accidents (under Rule 150A)].

    Civil Nazir is directed to place a report on record on
    03.07.2026 in the event of non-receipt/deposit of the compensation
    amount within the time granted.

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

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

    File be consigned to Record Room after due compliance.

    Announced in the open Court today
    on this 23rd May, 2026
    Digitally
    signed by
    RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.05.23
    15:21:08
    +0530

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

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 37 of 40

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

    1 Date of Accident 08.03.2024
    2 Date of filing of Form-I –

        First Accident       Report                           11.03.2024
        (FAR)
    3   Date of delivery of Form-II
                                                              06.06.2024
        to the victim(s)
    4   Date of receipt of Form-III
                                                              27.04.2024
        from the Driver
    5   Date of receipt of Form-IV
        from the Owner                                        27.04.2024
    
    6   Date of filing of Form-V-
        Particulars of the insurance                          27.04.2024
        of the vehicle
    7   Date of receipt of Form-
                                                              06.06.2024
        VIA from the Victim(s)
    8   Date of filing of Form-VII -
        Detail Accident      Report                           06.06.2024
        (DAR)
    9   Whether there was any
        delay or deficiency on the
        part of the Investigating                                   No
        Officer? If so, whether any
        action/direction warranted?
    10 Date of appointment of the
       Designated Officer by the                              06.06.2024
       Insurance Company
    11 Whether the Designated
       Officer of the Insurance
       Company admitted his                                        Yes
       report within 30 days of the
       DAR?
                                                                                   Digitally
                                                                                   signed by
                                                                                   RUCHIKA
                                                                         RUCHIKA   SINGLA
                                                                         SINGLA
          MACT No.416/2024      Mohd. Irshad Vs. Pramod Kumar and Ors.
                                                                                   Date:
                                                                                   2026.05.23
                                                                                   15:21:13
                                                                                   +0530
                                                                                                Page 38 of 40
     12 Whether there was any
       delay or deficiency on the                                    No
       part of the Designated
       Officer of the Insurance
       Company? If so, whether
       any         action/direction
       warranted?
    13 Date of response of the                                       NA
       claimant(s) to the offer of
       the Insurance Company.
    14 Date of award                                           23.05.2026
    15 Whether the claimant(s)
       were directed to open                                         Yes
       savings bank account(s)
       near    their place  of
       residence?
    16 Date of order by which
       claimant(s) were directed to
       open       Savings      Bank
       Account(s) near his place of
       residence and produce PAN
       card and Aadhar Card and                                06.06.2024
       the direction to the bank not
       to issue any cheque
       book/debit card to the
       claimant(s) and make an
       endorsement to this effect
       on the passbook(s).
    17 Date    on    which    the
       claimant(s) produced the
       passbook of their savings
                                                               09.01.2026
       bank account(s) near the
       place of their residence
       alongwith the endorsement,
       PAN card and Aadhar Card?
    18 Permanent          residential
       address of the claimant(s).                           As per Award.
                                                                                  Digitally signed
                                                                                  by RUCHIKA
    
           MACT No.416/2024      Mohd. Irshad Vs. Pramod Kumar and Ors. RUCHIKA
                                                                        SINGLA
                                                                                  SINGLA
                                                                                  Date:
                                                                                  2026.05.23
                                                                                                     Page 39 of 40
                                                                                  15:21:18
                                                                                  +0530
     19 Whether the claimant(s)
       savings bank account(s) is
                                                                 Yes
       near    their  place    of
       residence?
    20 Whether the Claimant(s)
       were examined at the time Yes. The Financial Statement of                                     the
       of passing of the Award to injured/petitioner was recorded                                     on
    

    ascertain his/their financial 09.01.2026.

    condition?

    Digitally signed
    by RUCHIKA

    RUCHIKA SINGLA
    Date:
    SINGLA 2026.05.23
    15:21:22
    +0530

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

    23.05.2026

    MACT No.416/2024 Mohd. Irshad Vs. Pramod Kumar and Ors. Page 40 of 40



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