Delhi District Court
Ashma Lrs Of Deceased Faruk (Petition … vs Khem Karan Lal on 13 February, 2026
IN THE TRIBUNAL OF
PRESIDING OFFICER MACT-02: CENTRAL DISTRICT:
TIS HAZARI DISTRICT COURTS: DELHI.
PRESIDED OVER BY Ms. POOJA AGGARWAL, DHJS
MACT No. 372/2023
CNR/UID No. DLCT-01005906-2023
In Respect of:
FIR No. 0018/2023
PS Gajraula, Dist. Amroha, UP.
u/s 279/304A/427 IPC
1. Ashma (Wife)
W/o Late Faruk
2. Mahak (minor daughter)
D/o Late Faruk
3. Mohd. Alfaiz (minor son)
S/o Late Faruk
4. Jiyan (minor son)
S/o Late Faruk
5. Arshan Khan (minor son)
S/o Late Faruk
(Petitioners No. 2 to 5 Through their mother natural
guardian/ Petitioner No. 1)
All R/o: H No. H-86, 1st Floor, Street No. 8, Aisha Masjid,
Sangam Vihar, Wazirabad, Delhi - 110084.
Permanent R/o.: H.No. 687, Chaman Colony,
Islamnagar, Distt. Ghaziabad, U.P.-201009.
(Through Ld. Counsel Sh. Omveer Singh)
......Petitioners
Digitally signed
by POOJA
POOJA AGGARWAL
AGGARWAL Date:
MACT No. 372/2023 2026.02.13
14:13:54 +0530
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 1 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
VERSUS
1. Khem Karan Lal (Driver)
S/o Sh.Nand Lal
R/o Village Pakaria, Naugawan,
PS Sangari, Post- Pilibhit,
UP-262001.
2. The Regional Manager,
UP State Road Transport Corporation
Kanpur Nagar, Dist. Kanpur, U.P.
(Through Ld. Counsel Sh. Vinay Kumar)
.....Respondents
Date of filing of claim petition : 29.04.2023
Judgment reserved on : 13.02.2026
Date of Award : 13.02.2026
AWARD/ JUDGMENT
1. The present petition has been filed by the Petitioners under
Section 166 Motor Vehicles Act, 1988 (hereinafter referred to as
"MV Act") seeking compensation in respect of the death of Sh.
Faruk S/o Late Nazar Mohd. (hereinafter referred to as
"deceased") due to an accident which took place on 08.01.2023
in front of Nagpal School, PS Gajraula, Dist. Amroha, U.P.
Facts As Per The Petition
2. As per the petition, on 08.01.2023 at about 2.40 a.m., the
deceased along with conductor Mohd. Ahmed, was coming to
Delhi from Moradabad in the truck bearing registration number
UP-14HT-0475, and when they reached in front of Nagpal
School, PS Gajraula Dist. Amroha, the deceased stopped the
truck on the extreme left side of the road for checking tires with
MACT No. 372/2023 Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date:
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proper demarcation and blinking indicators, but when he was in
the process of checking the tires, the offending vehicle bearing
registration number UP-78DN-8884, UP Roadways bus, which
was being driven by its driver/ Respondent No.1 at a very high
speed, in a rash and negligent manner, came from behind and hit
the deceased with great force resulting in grievous injuries to the
deceased, who was declared brought dead when he was taken to
District Hospital, Gajraula.
3. It has also been stated that an FIR No. 0018/2023 PS Gajraula,
Dist. Amroha, UP was also registered against the driver of the
bus i.e. the Respondent No.1 and that the bus was owned by the
Respondent No.2.
4. The Respondent No.1 did not file any reply/written statement to
the Petition, and his right to file the same was closed vide order
dated 23.04.2024 passed by the Ld Predecessor.
Facts as per Written Statement of Respondent No. 2
5. In its written statement, the Respondent No. 2 raised various
preliminary objections including as to mis-joinder of necessary
party as the owner of the Truck bearing registration number
UP-14HT-0475 had not been impleaded. It has also been
asserted that there was negligence on the part of the deceased as
he had stopped his vehicle on the road, in midnight around 2:35
AM, without taking proper care of indicators or lights or putting
any sign of it being there, and he had gone to attend the call of
nature besides his vehicle, and as there was a lot of fog and
minimum visibility, the driver of the bus could not see the truck
MACT No. 372/2023 Digitally signed
by POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
AGGARWAL Date:
2026.02.13
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until coming very close and the incident took place. It has been
asserted that there was no negligence or fault on the part of the
driver of the bus and it has been denied that the Petitioners are
entitled to the grant of any compensation.
Issues
6. From the pleadings on record, the following issues were framed
by the Ld. Predecessor vide order dated 23.04.2024:-
1. Whether the deceased Sh. Faruk suffered fatal injuries
in an accident that took place on 08.01.2023 at about
02:40 AM involving vehicle bearing registration No.
UP-78DN-8884 driven by the Respondent No. 1 rashly
and negligently, owned by the Respondent No. 2? OPP.
2.Whether the petitioners are entitled for compensation?
If so, to what amount and from whom?
3.Relief.
7. The Respondent No. 1 was then proceeded ex-parte vide order
dated 06.08.2024 passed by the Ld Predecessor.
Petitioners' Evidence
8. PW-1 Ashma, being the wife of the deceased, tendered her
evidence by way of affidavit i.e. Ex. PW-1/A wherein, inter-alia,
she testified on similar lines as her petition in respect of the
factum and manner of accident. She also testified as to the
deceased being aged 43 years at the time of accident, and as to
him being employed as a driver at office no.32, Type-I, Delhi Jal
Board Colony, Model Town III, Delhi and with M/s Jodi Search
Matrimonial in South Extension Delhi, earning about ₹38,000/-
per month. She also testified that an FIR No.0018/2023, under
Section 279/304A/427 IPC, PS Gajraula, Dist. Amroha, UP.
was registered in respect of the accident.
MACT No. 372/2023 Digitally signed
by POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL Page No. 4 of 35
AGGARWAL Date:
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9. PW1 further testified that the deceased has left behind the
Petitioners as his legal heirs as his parents were pre-deceased
and that all the Petitioners were fully dependent upon the
income of the deceased, who was the sole earning member. She
also testified that due to the death of the deceased, she has
suffered financial loss, apart from loss of love and affection, loss
of consortium, and loss of company, guidance and support. She
has also testified that she had incurred an expense of ₹50,000/-
on transportation and last rites of the deceased. She also relied
upon the following documents :-
S.No. Description of Documents Exhibit/Mark
1. Copy of DL of the deceased Ex. PW-1/1
2. Copy of PAN Card of deceased Ex. PW-1/2
3. Copy of Adhaar card of deceased Ex. PW-1/3
4. Copy of her own PAN card Ex. PW-1/4
5. Copy of her own Aadhar Card Ex. PW-1/5
6. Copy of Adhaar card of Mahak Ex. PW-1/6
7. Copy of Adhaar card of Jiyan Ex. PW-1/7
8. Copy of Adhaar card of Arshan Ex. PW-1/8
Khan
9. Certified copy of criminal case Ex. PW-1/9
10. She was duly cross-examined by the Ld. Counsel for
Respondent No.2.
11.PW2 Mohd Ahmed, being an eye witness of the accident,
tendered his evidence by way of affidavit i.e. Ex.PW2/A relying
on documents i.e. his Aadhar card i.e. Ex PW-2/1 and certified
copy of criminal case record in FIR 18/2023 i.e. Ex PW-2/2. In
Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
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his evidence affidavit, he, inter-alia, testified as to having been
the conductor on Truck bearing number UP-78DN-8884 and
also testified on similar lines as the petition, in respect of the
factum of accident by the offending vehicle and as to the
accident having been a result of rash and negligent driving of
the Respondent No.1. He was duly cross-examined on behalf of
the Respondent No. 2.
12. PW3 Ms. Khushi Chaudhary, Vice President of Jodi Search
Matrimonial, being a summoned witness relied upon her
authority letter i.e. Ex PW3/A, and proved the salary certificate
dated 15.07.2022 and letter dated 15.07.2022, alongwith
certificate under Section 63 B of BSA i.e. Ex PW-3/1 (colly).
She also proved the salary vouchers for July 2022 to January
2023 i.e. Ex PW-3/2 (colly). She was duly cross-examined by
Ld. Counsel for Respondent No.2, wherein, inter-alia, she
reaffirmed that the deceased was working with them on
contractual basis from June 2022 till his death.
Respondent Evidence
13. The Respondent No. 2 examined R1W1 Sh. Khem Karan Lal,
who, being the Respondent No.1, tendered his evidence by way
of affidavit i.e. Ex R1W1/1 and relied upon his Aadhar card i.e.
Ex R1W1/A and his Driving licence i.e. Ex R1W1/B. He was
duly cross-examined on behalf of the Petitioners, wherein inter-
alia, he admitted that he was driving the offending vehicle at the
time of the accident, and the said vehicle had met with an
accident on 08.01.2023 at 2.40 am in front of Nagpal School.
Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13 Page No. 6 of 35
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Issue Wise Findings
14. Final arguments were then advanced on behalf of the
Petitioners and Respondent No.2 by their respective counsels,
which have been carefully considered along with the evidence
on record. After careful consideration of the entire evidence, the
issue wise findings are as under:
Issue No. 1:Whether the deceased Sh. Faruk suffered fatal
injuries in an accident that took place on 08.01.2023 at
about 02:40 AM involving vehicle bearing registration No.
UP-78DN-8884 driven by the Respondent No. 1 rashly
and negligently, owned by the Respondent No. 2? OPP.
15. The onus to prove this issue was upon the Petitioners. In respect
of the factum and manner of accident, PW-2 Mohd. Ahmed
being the conductor on the truck No. UP-14HT-0475 and thus
being an eye witness of the accident, has testified as to the
accident having taken place on 08.01.2023, at about 02.40 a.m.,
when the deceased had stopped the truck on the extreme left
side of the road for checking tyres by applying proper
demarcation and blinking all indicators but the offending
vehicle being driven by the Respondent No. 1 in rash and
negligent manner, had hit against the deceased from behind,
resulting in grievous injuries and was declared brought dead at
the Hospital.
16. The factum of the accident having occurred when the offending
vehicle had hit against the deceased, has been admitted by the
Respondent No. 1/driver of the offending vehicle himself who
has admitted during his cross-examination as to the offending
vehicle/ bus being driven by him on 08.01.2023 at about 02.40
a.m. and it having met with an accident in front of Nagpal
MACT No. 372/2023 Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date:
2026.02.13
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School within the jurisdiction of PS Gajraula, District Amroha,
UP in respect of which an FIR number 0018/23 dated
08.01.2023 under Section 279/304-A/427 IPC was registered
against him. The Respondent No.1/ R1W1 also admitted in his
cross-examination that he had not helped the injured/deceased,
which further proves that the accident had resulted in at least
injuries to the deceased.
17. It is also not lost sight of that in respect of accident in question,
the Respondent No. 1 has been charge-sheeted for the offences
punishable under Sections 279/304A/427 IPC in the FIR No.
0018/2023, PS Gajraula, by the investigating agency after
concluding its investigation on the aspect of cause of the
accident as well as the identity of the offender. Therefore, the
filing of the chargesheet against the Respondent No. 1 also
indicates the existence of rash and negligent driving of the
offending vehicle by him, even more so as no complaint or
protest petition has been filed by the Respondent No. 1 before
any Court or higher authority regarding the fault of the deceased
driver.
18. Strength for this interpretation is drawn from the judgment of
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) wherein the Coordinate Bench of the Hon'ble
Delhi High Court, 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
Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13 Page No. 8 of 35
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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."
(Emphasis supplied)
19. It is a settled proposition of law that in this Tribunal strict rules
of an accident caused in a particular manner may not be possible
to be done by the Petitioners, and they are to establish their case
on the touchstone of preponderance of probability and the
standard of proof beyond reasonable doubt cannot be applied.
Strength for this interpretation is drawn from the judgment of
the Hon'ble Supreme Court in Bimla Devi and others Vs.
Himachal Road Transport Corporation and others, (2009) 13 SC
530, Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors. ,
(2018) 5 SCC 656, Geeta Dubey Vs United India Insurance
Company Ltd. & Ors, 2024 SCC Online SC 3779 and Sajeena
Ikhbal and Others Vs Mini Babu George and Others, 2024 SCC
OnLine SC 2883.
20. In Prabhavathi v. Bangalore Metropolitan Transport Corpn.,
2025 SCC OnLine SC 455, the Hon'ble Supreme Court has
again reiterated that:
"13. It is the settled law that under the Motor Vehicle Act, 1988 it is
established that in compensation cases, the strict rules of evidence
used in criminal trials do not apply. Instead, the standard of proof is
based on the preponderance of probability. This Court in Sunita v.
Rajasthan SRTC1 observed that:
"22. It is thus well settled that in motor accident claim cases,
once the foundational fact, namely, the actual occurrence of
the accident, has been established, then the Tribunal's role
would be to calculate the quantum of just compensation if the
accident had taken place by reason of negligence of the driver
of a motor vehicle and, while doing so, the Tribunal would not
be strictly bound by the pleadings of the parties. Notably,
while deciding cases arising out of motor vehicle accidents,
the standard of proof to be borne in mind must be of
1(2020) 13 SCC 486
MACT No. 372/2023
Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
AGGARWAL
AGGARWAL
Date:
2026.02.13
Page No. 9 of 35
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preponderance of probability and not the strict standard of
proof beyond all reasonable doubt which is followed in
criminal cases."
The exposition came to be reiterated in Rajwati alias Rajjo v. United
India Insurance Company Ltd.2, wherein it was observed that:
"20. It is well settled that Motor Vehicles Act, 1988 is a
beneficial piece of legislation and as such, while dealing with
compensation cases, once the actual occurrence of the
accident has been established, the Tribunal's role would be to
award just and fair compensation. As held by this Court in
Sunita (Supra) and Kusum Lata(Supra), strict rules of
evidence as applicable in a criminal trial, are not applicable in
motor accident compensation cases, i.e., to say, "the standard
of proof to be borne in mind must be of preponderance of
probability and not the strict standard of proof beyond all
reasonable doubt which is followed in criminal cases".
(Emphasis supplied)
21. It is also a settled proposition of law that the Petitioners cannot
be expected to prove the accident beyond reasonable doubt and
the principle of res ipse loquitor i.e. "accident speaks for itself"
is applicable, which would imply that once it has been
established in chargesheet that the accident had taken place, the
burden shifts on the Respondents to prove that they were not
responsible for the accident.
22. However, in the instant case, though the Respondents have
disputed that factum of the accident having been the result of the
rash and negligent driving of the Respondent No.1 and
R1W1/Respondent No. 1 has testified in his evidence affidavit
to the effect that there was negligence on the part of the
deceased/ driver who had stopped his vehicle on the road,
without proper indicator or lights or signs and was attending the
call of nature just beside his vehicle, and there was a lot of fog
and minimum visibility due to which the incident took place,
despite the same, the Respondents failed to bring on record any
2 2022 SCC OnLine SC 1699
MACT No. 372/2023 Digitally signed
by POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 10 of 35
AGGARWAL
POOJA
AGGARWAL Date:
2026.02.13
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evidence to prove that the vehicle of the deceased had been
stationed without any indicators or lights or sign. They have
relied upon mere self serving oral testimony of the Respondent
No.1, but they have failed to discredit the testimony of the PW2
Mohd Ahmad as to there being proper demarcations and
blinking indicators while the truck was stopped. Even as per the
chargesheet as brought on record, there is nothing to indicate
that truck had been been stationed without any indicators or
lights or sign, which thus renders the ground raised by the
Respondents improbable on a scale of preponderance of
probabilities.
23. It is also noted that the testimony of the Respondent No.1 as to
there being low visibility at the time of the accident is duly
corroborated by the testimony of PW-2 Mohd. Ahmad who has
testified in his cross-examination that the visibility was only
about 20 meters ahead of the vehicle. That being so, it stands
proved that there was low visibility on account of fog on the day
of the accident.
24. Even so, to render existence of rashness and negligence on the
part of the Respondent No.1 as improbable, it was still for the
Respondents to bring on record sufficient evidence to prove that
even in the reduced visibility, he was driving the offending
vehicle without and rashness or negligence. However, the
Respondents have not brought on record any evidence as to the
speed at which the Respondent No. 1 was driving his vehicle at
the time of the accident, except testifying that it was at a normal
speed, yet the Respondents failed to bring on record any
MACT No. 372/2023 Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
AGGARWAL
AGGARWAL
Date:
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explanation as to why the Respondent No. 1 failed to stop the
offending vehicle within time, if the vehicle was indeed being
driven at a normal speed when the visibility was only 20 meters.
25. It is to be borne in mind that even if there was reduced visibility
on the date of the accident i.e. 08.01.2023 at about 02.40 a.m.,
the Respondent No. 1 should have been driving at a speed which
enabled him to apply brakes and stop the vehicle well within
time to avoid any untoward accident, which he did not do and
the factum of the Respondent No. 1 driving the offending
vehicle in low visibility conditions at a speed which did not give
him sufficient time to stop his vehicle to avoid the accident,
itself indicates existence of rashness and negligence on his part.
That being so, the factum of the accident having been caused
due to rashness and negligence of the Respondent No.1 stands
proved.
26. The fact that the deceased expired as a result of the injuries
sustained in the accident stands proved from the postmortem
report no. 10/23, dated 08.01.2023, prepared by the Medical
Officer, Postmortem House, District Jyotiba Phule Nagar,
Amroha, UP, which has recorded the cause of death to be
"haemorrhage and shock" which is consistent with the injuries
resulting from a road traffic accident.
27. In view of the aforesaid reasons and discussion, in view of the
evidence as led including the chargesheet, the PM Report, oral
testimonies of PW-2 Mohd. Ahmed, who is an eye witness and
the oral testimony of the Respondent No. 1 himself and in the
Digitally signed
by POOJA
MACT No. 372/2023 POOJA AGGARWAL
AGGARWAL Date:
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. 2026.02.13
14:16:37
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Ashma & Ors. v Khem Karan Lal & Anr.
absence of sufficient evidence having been brought on record
proving any negligence on the part of deceased, it is held on the
scale of preponderance of probability that the Petitioners have
discharged their burden and proved that the deceased Sh. Faruk
suffered fatal injuries in an accident that took place on
08.01.2023 at about 02.40 AM involving vehicle bearing
registration No. UP-78DN-8884 driven by the Respondent No. 1
rashly and negligently and owned by the Respondent No. 2.
This issue is thus decided in favour of the Petitioners against the
Respondents.
28. It had been argued on behalf of the Respondent No.2 that there
was contributory negligence on the part of the deceased as no
lights had been turned on and the vehicle had not been stopped
on the extreme left of the road by the deceased. On the other
hand, it had been argued on behalf of the Petitioners that there
was no contributory negligence on the part of the deceased as he
had stopped his vehicle on the extreme left side of the road
which is also clear from the site plan prepared by the
Investigating Officer during investigation in respect of the FIR
No. 0018/23, PS Gajraula.
29. In respect of this argument, it is noted that the factum of the
lights not having been turned on by the deceased could not be
proved by the Respondents through any cogent and creditworthy
evidence, as already noted before. Even the argument as to the
vehicle of the deceased not having been stopped on the extreme
left of the road by him, is devoid of merits as no evidence has
been led by the Respondents to prove the same, and the site plan
MACT No. 372/2023
Digitally signed
by POOJA
POOJA AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
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forming part of Ex PW2/2 duly reflects the place of accident at
the extreme right side of the road, and no evidence has been
brought on record to disbelieve the same. Accordingly, the
arguments of the Respondents are rejected.
Issue No. 2: Whether the petitioners are entitled for
compensation? If so, to what amount and from whom?;
and
Issue No.3: Relief.
30. As the issue no.1 has been decided in favour of Petitioners, the
Petitioners are entitled to be compensated for the fatal injuries
suffered by the deceased in the above accident and Section 168
of the MV Act enjoins upon this Tribunal to hold an inquiry into
the claim to make an award determining the amount of
compensation which appears to it to be just and reasonable.
31. The guiding principles for assessment of "just and reasonable
compensation" have been enumerated by the Hon'ble Supreme
Court of India, in Anjali v. Lokendra Rathod, 2022 SCC OnLine
SC 1683, wherein it has been observed that: -
"The provisions of the Motor Vehicles Act, 1988 (for short, "MV
Act") gives paramount importance to the concept of 'just and fair'
compensation. It is a beneficial legislation which has been framed
with the object of providing relief to the victims or their families.
Section 168 of the MV Act deals with the concept of 'just
compensation' which ought to be determined on the foundation of
fairness, reasonableness and equitability. Although such
determination can never be arithmetically exact or perfect, an
endeavor should be made by the Court to award just and fair
compensation irrespective of the amount claimed by the
applicant/s. In Sarla Verma v. Delhi Transport Corporation, (2009)
6 SCC 121, this Court has laid down as under:
16."Just compensation" is adequate compensation which is
fair and equitable, on the facts and circumstances of the case,
to make good the loss suffered as a result of the wrong, as far
as money can do so, by applying the well settled principles
relating to award of compensation. It is not intended to be a
MACT No. 372/2023
Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 14 of 35
POOJA AGGARWAL
AGGARWAL Date:
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bonanza, largesse or source of profit."
32. In Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC
121, the Hon'ble Supreme Court has also observed that:
"17. Assessment of compensation though involving certain hypothetical
considerations, should nevertheless be objective. Justice and justness
emanate from equality in treatment, consistency and thoroughness in
adjudication, and fairness and uniformity in the decision making
process and the decisions. While it may not be possible to have
mathematical precision or identical awards, in assessing compensation,
same or similar facts should lead to awards in the same range. When
the factors/inputs are the same, and the formula/legal principles are the
same, consistency and uniformity, and not divergence and freakiness,
should be the result of adjudication to arrive at just compensation.
18. Basically only three facts need to be established by the claimants
for assessing compensation in the case of death:
(a) age of the deceased;
(b) income of the deceased; and
(c) the number of dependents.
The issues to be determined by the Tribunal to arrive at the loss of
dependency are:
(i) additions/deductions to be made for arriving at the income;
(ii) the deduction to be made towards the personal living expenses of
the deceased; and
(iii) the multiplier to be applied with reference of the age of the
deceased.
If these determinants are standardized, there will be uniformity and
consistency in the decisions. There will lesser need for detailed
evidence. It will also be easier for the insurance companies to settle
accident claims without delay.
19. To have uniformity and consistency, Tribunals should determine
compensation in cases of death, by the following well settled steps:
Step 1 (Ascertaining the multiplicand)
The income of the deceased per annum should be determined. Out of
the said income a deduction should be made in regard to the amount
which the deceased would have spent on himself by way of personal
and living expenses. The balance, which is considered to be the
contribution to the dependant family, constitutes the multiplicand.
Step 2 (Ascertaining the multiplier)
Having regard to the age of the deceased and period of active career,
the appropriate multiplier should be selected. This does not mean
ascertaining the number of years he would have lived or worked but for
the accident. Having regard to several imponderables in life and
economic factors, a table of multipliers with reference to the age has
been identified by this Court. The multiplier should be chosen from the
said table with reference to the age of the deceased.
Step 3 (Actual calculation) The annual contribution to the family
(multiplicand) when multiplied by such multiplier gives the `loss of
dependency' to the family. Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
Page No. 15 of 35
Ashma & Ors. v Khem Karan Lal & Anr. 14:16:57
+0530
Thereafter, a conventional amount in the range of Rs. 5,000/- to
Rs.10,000/- may be added as loss of estate. Where the deceased is
survived by his widow, another conventional amount in the range of
5,000/- to 10,000/- should be added under the head of loss of
consortium. But no amount is to be awarded under the head of pain,
suffering or hardship caused to the legal heirs of the deceased.
The funeral expenses, cost of transportation of the body (if incurred)
and cost of any medical treatment of the deceased before death (if
incurred) should also added."
(Emphasis supplied)
33. In view of the above legal propositions, on the basis of evidence
and material on record, the amount of compensation is
computed as under:
Age and Income of Deceased
34. In respect of age and income of the deceased, PW-1/ Petitioner
No. 1, being the wife of the deceased has testified in her
evidence by way of affidavit i.e. Ex. PW1/A to the effect that at
the time of his demise, her husband (deceased) was aged about
43 years and that he was earning ₹38,000/- per month as he was
working as a driver at office no.32, Type-I, Delhi Jal Board
Colony, Model Town III, Delhi and with M/s Jodi Search
Matrimonial in South Extension Delhi. She has also relied upon
the copy of the driving license, PAN card and Aadhar card of the
deceased i.e. Ex PW1/1 to Ex. PW1/3, respectively.
35. As per the copy of the driving license, PAN card and Aadhar
card of the deceased i.e. Ex PW1/1 to Ex. PW1/3, respectively,
his date of birth was 01.01.1980 and thus, as the date of accident
was 08.01.2023, the age of deceased was about 43 years as on
the date of accident. Nothing has been brought on record by the
Respondents to disbelieve the age of the deceased and hence,
Digitally signed
MACT No. 372/2023 POOJA
by POOJA
AGGARWAL
AGGARWAL Date:
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. 2026.02.13
14:17:03
+0530
Page No. 16 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
the age of the deceased would be considered to be 43 years for
the purpose of computation of compensation.
36. In respect of the income of the deceased, PW-3 Khushi
Chaudhary @ Gulista has produced the salary vouchers of the
deceased i.e. Ex. PW3/2 from July 2022 to January 2023 and the
salary certificate dated 15.07.2022 i.e. Ex. PW3/1 (Colly) as per
which, the last drawn salary of the deceased was ₹19,000/- per
month. The Petitioners, however, did not lead any evidence to
prove any income of the deceased from any other source
including from office No. 32, Type-I, Delhi Jal Board Colony,
Model Town-III, Delhi and hence, the annual salary of the
deceased would be ₹2,28,000/- on the basis of his proved
monthly income of ₹19,000/-.
Dependency upon the Deceased
37. In respect of the question of dependency, PW1 has testified in
Ex PW1/A as to the deceased having left behind five legal heirs
including her and her four minor children, who were fully
dependent on the income of the deceased. No reason has been
brought forth by the Respondents to disbelieve the factum of the
dependency of the Petitioners. Thus, the Petitioners i.e.
Petitioner No. 1 being the wife of the deceased, and the
Petitioners No. 2 to 5, being the minor children of the deceased
shall be considered as dependents of the deceased.
A) LOSS OF DEPENDENCY
38. In respect of the computation under this head, as per the
judgment of Sarla Verma & Ors. Vs. Delhi Transport
Digitally
MACT No. 372/2023 signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 17 of 35
POOJA
AGGARWAL Date:
2026.02.13
Ashma & Ors. v Khem Karan Lal & Anr. 14:17:08
+0530
Corporation & Anr., (2009) 6 SCC 121, the loss of dependency
to the family is to be calculated by multiplying the annual
contribution to the family (multiplicand) by the multiplier.
a) MULTIPLICAND
39. After the income of the deceased per annum is determined, a
deduction is to be made from such annual income in regard to
the amount which the deceased would have spent on himself by
way of personal and living expenses, and the balance, which is
considered to be the contribution to the dependent family,
constitutes the multiplicand. (Ref: Sarla Verma & Ors. Vs. Delhi
Transport Corporation & Anr. (supra)).
40. In respect of whether the actual income at the time of death
should be taken as the income or whether any addition should be
made by taking note of future prospects, in the judgment of
National Insurance Company Ltd. v. Pranay Sethi, (2017) 16
SCC 680, the Constitution Bench of the Hon'ble Supreme Court
held that:
"(iii) While determining the income, an addition of 50% of actual
salary to the income of the deceased towards future prospects,
where the deceased had a permanent job and was below the age of
40 years, should be made. The addition should be 30%, if the age of
the deceased was between 40 to 50 years. In case the deceased was
between the age of 50 to 60 years, the addition should be 15%.
Actual salary should be read as actual salary less tax.
(iv) In case the deceased was self-employed or on a fixed salary, an
addition of 40% of the established income should be the warrant
where the deceased was below the age of 40 years. An addition of
25% where the deceased was between the age of 40 to 50 years and
10% where the deceased was between the age of 50 to 60 years
should be regarded as the necessary method of computation....."
(Emphasis supplied)
41. In respect of the deductions, in Sarla Verma & Ors. Vs. Delhi
MACT No. 372/2023 Digitally signed
by POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date:
2026.02.13
Page No. 18 of 35
Ashma & Ors. v Khem Karan Lal & Anr. 14:17:12
+0530
Transport Corporation & Anr. (supra), the Hon'ble Supreme
Court held that:
"We have already noticed that the personal and living expenses of
the deceased should be deducted from the income, to arrive at the
contribution to the dependents. No evidence need be led to show the
actual expenses of the deceased. In fact, any evidence in that behalf
will be wholly unverifiable and likely to be unreliable. Claimants
will obviously tend to claim that the deceased was very frugal and
did not have any expensive habits and was spending virtually the
entire income on the family. In some cases, it may be so. No
claimant would admit that the deceased was a spendthrift, even if he
was one. It is also very difficult for the respondents in a claim
petition to produce evidence to show that the deceased was
spending a considerable part of the income on himself or that he
was contributing only a small part of the income on his family.
Therefore, it became necessary to standardize the deductions to be
made under the head of personal and living expenses of the
deceased. This lead to the practice of deducting towards personal
and living expenses of the deceased, one-third of the income if the
deceased was a married, and one-half (50%) of the income if the
deceased was a bachelor. This practice was evolved out of
experience, logic and convenience. In fact one-third deduction, got
statutory recognition under Second Schedule to the Act, in respect
of claims under Section 163A of the Motor Vehicles Act, 1988
('MV Act' for short).
......
Though in some cases the deduction to be made towards personal
and living expenses is calculated on the basis of units indicated in
Trilok Chandra, the general practice is to apply standardized
deductions. Having considered several subsequent decisions of this
court, we are of the view that where the deceased was married, the
deduction towards personal and living expenses of the deceased,
should be one-third (1/3rd) where the number of dependent family
members is 2 to 3, one-fourth (1/4th) where the number of
dependent family members is 4 to 6, and one-fifth (1/5th) where the
number of dependent family members exceed six.”
(Emphasis supplied)
42. In the case at hand, as the deceased was aged about 43 years at
the time of the accident and as per the testimony of PW-3 he
was working on contractual basis, in view of the law laid down
in the case of Pranay Sethi & Ors. (Supra), an addition of 25%
of his income is to be made to his earnings towards future
MACT No. 372/2023
Digitally signed
by POOJA
POOJA AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13 Page No. 19 of 35
14:17:16 +0530
Ashma & Ors. v Khem Karan Lal & Anr.
prospects and hence the monthly income of the deceased is
calculated to be ₹23,750/- (₹19,000/-+ ₹4,750/- which is 25%
of ₹19,000/-).
43. Further, with it having been brought on record that there were 5
dependents of the deceased at the time of this demise, the
deduction of 1/4th is applicable. Hence, in view of judgment of
the Supreme Court in Sarla Verma (Smt) & Ors. vs. Delhi
Transport Corporation & Anr., (2009) 6 SCC 121, and United
India Insurance Co. Ltd. vs. Satinder Kaur alias Satwinder Kaur
& Ors., (2021) 11 SCC 780, out of the above amount so
assessed, a sum of ₹5,937.50/- has to be deducted on account of
personal and living expenses as the number of dependent family
members is 5. That being so, the monthly loss of dependency is
calculated to be ₹17,812.5/- (i.e. 3/4th of ₹23,750/-) which has
to be multiplied by 12 to arrive at the multiplicand i.e. annual
loss of dependency. Hence, multiplicand would be ₹2,13,750/-
(₹17,812.50/- x 12).
b) MULTIPLIER
44. In the case of Sarla Verma & Ors. Vs. Delhi Transport
Corporation & Anr., (2009) 6 SCC 121, which has also been
upheld by the Constitutional Bench of the Hon’ble Supreme
Court in the case of National Insurance Company Ltd. Vs.
Pranay Sethi & Ors. 2017 (16) SCC 680, it has been laid down
by the Hon’ble Supreme Court the multipliers have been
enumerated for calculating the loss of dependency caused on
account of death of the deceased. The relevant portion of the
judgment of Sarla Verma & Ors. Vs. Delhi Transport
MACT No. 372/2023 Digitally signed
by POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 20 of 35
POOJA
AGGARWAL Date:
2026.02.13
14:17:20Ashma & Ors. v Khem Karan Lal & Anr. +0530
Corporation & Anr., (2009) 6 SCC 121 is reproduced as under
for ready reference:
“We therefore hold that the multiplier to be used should be as
mentioned in column (4) of the Table above (prepared by applying
Susamma Thomas, Trilok Chandra and Charlie), which starts with
an operative multiplier of 18 (for the age groups of 15 to 20 and 21
to 25 years), reduced by one unit for every five years, that is M-17
for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40
years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then
reduced by two units for every five years, that is, M-11 for 51 to 55
years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for
66 to 70 years.”
(Emphasis supplied)
45. In the present case, with the deceased being aged 43 years at the
time of the accident, the multiplier of 14 would be applicable.
46. That being so, the loss of dependency qua the deceased in the
present case is this calculated to be ₹29,92,500/- (₹2,13,750/- x
14) and the same is awarded to the Petitioners.
B) COMPENSATION UNDER NON-PECUNIARY HEADS
47. In respect of the compensation under non-pecuniary heads, in
Rajwati @ Rajjo & Ors. v. United India Insurance Co. Ltd. ,
2022 SCC OnLine SC 1699, the Hon’ble Supreme Court of
India has held that
“A three Judge Bench of this Court in United India Insurance Co.
Ltd vs Satinder Kaur @ Satwinder Kaur & Ors.(2021) 11 SCC 780 ,
has awarded spousal consortium at the rate of Rs.40,000/- and
towards loss of parental consortium to each child at the rate of
Rs.40,000/-. The compensation under these heads also needs to be
increased by 10% after every t hree years. Accordingly, the grant of
Rs.40,000/- towards loss of consortium is increased to Rs.44,000/-
to each Appellant, amounting to a total of Rs.2,20,000/-. Along with
this, Rs.15,000/- each for the heads of ‘funeral expenses’ and ‘loss
of estate’ is also very meagre. In our considered opinion, an amount
of Rs.20,000/- is liable to be paid towards funeral expenses.
Similarly, award of Rs.15,000/- towards ‘loss of estate’ is liable to
be increased to Rs.20,000/-.”
(Emphasis supplied)
MACT No. 372/2023
Digitally
signed by
POOJA
POOJA AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
Page No. 21 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
14:17:25
+0530
48. That being so, the Petitioners are awarded a sum of ₹20,000/-
towards funeral expenses and another sum of ₹20,000/- towards
loss of estate. Further a sum of ₹48,400/- each is granted to each
Petitioner i.e. total of ₹48,400 x 5 = ₹2,42,000/- towards Loss
of Consortium i.e. spousal as well as parental.
49. In respect of loss of love and affection as a separate head, the
Hon’ble Supreme Court has observed in the case of United India
Insurance Company Ltd. Vs. Satinder Kaur @ Satwinder Kaur,
2020 SCC Online SC 410, that there is no justification to award
compensation towards loss of love and affection as a separate
head. The relevant portion of the observations are reproduced
as under:
“33. The Motor Vehicles Act, 1988 is a beneficial legislation which
has been framed with the object of providing relief to the victims,
or their families, in cases of genuine claims. In case where a parent
has lost their minor child, or unmarried son or daughter, the parents
are entitled to be awarded loss of consortium under the head of
Filial Consortium. Parental Consortium is awarded to the children
who lose the care and protection of their parents in motor vehicle
accidents. The amount to be awarded for loss consortium will be as
per the amount fixed in Pranay Sethi (supra).
34. At this stage, we consider it necessary to provide uniformity
with respect to the grant of consortium, and loss of love and
affection. Several Tribunals and High Courts have been awarding
compensation for both loss of consortium and loss of love and
affection. The Constitution Bench in Pranay Sethi (supra), has
recognized only three conventional heads under which
compensation can be awarded viz. loss of estate, loss of consortium
and funeral expenses. In Magma General (supra), this Court gave a
comprehensive interpretation to consortium to include spousal
consortium, parental consortium, as well as filial consortium. Loss
of love and affection is comprehended in loss of consortium.
35. The Tribunals and High Courts are directed to award
compensation for loss of consortium, which is a legitimate
conventional head. There is no justification to award compensation
towards loss of love and affection as a separate head.”
(Emphasis supplied)
MACT No. 372/2023 Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date: Page No. 22 of 35
Ashma & Ors. v Khem Karan Lal & Anr. 2026.02.13
14:17:28
+0530
50. That being so, in the present case, the Petitioners are not
awarded separate compensation towards loss of love and
affection.
51. In view of the above discussion, the total compensation
awarded to the Petitioners towards loss of dependency as well as
non-pecuniary head is ₹32,74,500/-, under the following heads:
i) Loss of Dependency: ₹29,92,500/-
ii) Loss of Consortium: ₹2,42,000/-
iii) Funeral Expenses: ₹20,000/-
iv) Loss of estate: ₹ 20,000/-
52. In respect of entitlement of the Petitioners to interest on the
awarded amount, it is duly noted that the present matter is
pending since 29.04.2023 and the rate of interest of fixed
deposits in Nationalized banks has fluctuated/dropped several
times during the pendency of the present proceedings. Thus, in
the interest of justice and keeping in view the principles
discussed in order dated 21.04.2023 passed by the Hon’ble
Delhi High Court in United India Insurance Co. Ltd. vs. Baby
Raksha & Ors., MAC APP. No. 36/2023, the claimants/
petitioners are awarded interest @ 7.5% per annum, from the
date of filing of petition, that is, with effect from 29.04.2023 till
the date of the award. The amount of interim award, if any, be
deducted from the above amount, if the same has already been
paid to the Petitioners.
Liability
53. Respondent No. 1 being the driver and working for Respondent
No. 2/ UP State Road Transport Corporation who was owner of
MACT No. 372/2023 Digitally
signed by
POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date: Page No. 23 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
2026.02.13
14:17:32
+0530
the vehicle, as such Respondent No. 2 is vicariously liable for
the negligent act committed by the Respondent No. 1 during the
course of his employment. Therefore, the liability to pay
compensation as computed herein above would be borne by
Respondent No. 2/ UP State Road Transport Corporation only.
54. Issue No. 2 and 3 are accordingly decided in favour of the
Petitioners and against the Respondents.
Apportionment
55. In the present case, it has been brought on record that the
deceased is survived by 5 dependents i.e. his wife and four
minor children. Thus, for the sake of convenience, the
individual shares of the dependents of the deceased are tabulated
as under:-
S.No Name of the Relation Share of the Calculation of the
beneficiary with the beneficiary amount as per
deceased share
1. Ms. Ashma Wife 50% of ₹14,96,250+
compensation ₹48,400/- +
on account of ₹20,000/- +
loss of ₹20,000/- i.e. total
dependency+ of ₹/- 15,84,650/-
Loss of along with interest
consortium+ @ 7.5% per annum
funeral from date of filing
expenses+ of the petition till
Loss of Estate the date of award
i.e.₹3,31,455.958/-
for the total of
₹19,16,106/-
(rounded off from
₹19,16,105.958/-)
2. Baby Minor 12.5% of ₹3,74,062.50/- +
Mahak Daughter compensation ₹48,400/- =
MACT No. 372/2023 Digitally signed
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
by POOJA
AGGARWAL
AGGARWAL Date:
Page No. 24 of 35
Ashma & Ors. v Khem Karan Lal & Anr. 2026.02.13
14:17:36 +0530
on account of ₹4,22,462.50/-
Mohd. Minor loss of along with interest
Alfaiz Son dependency+ @ 7.5% per annum
Loss of from date of filing
Jiyan Minor consortium of the petition till
Son (each). the date of award
i.e. ₹88,365.0725/-
Arshan Minor total being
Khan Son ₹5,10,828/-
(rounded off from
₹5,10,827.5725/-)
RELEASE/ DISBURSEMENT
56. The Financial Statements of Petitioner No.1 Ashma was
recorded, wherein she stated that the monthly expenses of the
family are approximately ₹25,000 to ₹30,000/- per month.
57. While deciding the quantum and manner of disbursement of the
awarded amounts, the following directions given by the Hon’ble
Delhi High Court vide orders dated 07.12.2018 & 08.01.2021 in
FAO No. 842/2003 titled Rajesh Tyagi & Ors. Vs. Jaivir Singh
& Ors. have to be borne in mind:
“(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
MACT No. 372/2023 Digitally signed
by POOJA
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA AGGARWAL
AGGARWAL Date:
Page No. 25 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
2026.02.13
14:17:41
+0530
the disbursement of the award amount. The bank shall debit card(s)
freeze the account of claimants so that no debit card be issued in
respect of the account of claimants from any other branch of the
bank.
(vi) The bank shall make an endorsement on the passbook of the
claimant to the effect, that no cheque books and/or debit card have
been issued and shall not be issued without the permission of the
Court and the claimant shall produced the passbook with the
necessary endorsement before the Court for compliance.”
(Emphasis Supplied)
58. Thereafter, in Parminder Singh vs Honey Goyal, S.L.P. (C) No.
4484 OF 2020 as decided by the Hon’ble Supreme Court of
India on 18 March, 2025 it has been further directed that:
“17. The case in hand pertains to the compensation awarded under
the Motor Vehicles Act. The general practice followed by the
insurance companies, where the compensation is not disputed, is to
deposit the same before the Tribunal. Instead of following that
process, a direction can always be issued to transfer the amount into
the bank account(s) of the claimant(s) with intimation to the
Tribunal.
17.1 For that purpose, the Tribunals at the initial stage of pleadings
or at the stage of leading evidence may require the claimant(s) to
furnish their bank account particulars to the Tribunal along with the
requisite proof, so that at the stage of passing of the award the
Tribunal may direct that the amount of compensation be transferred
in the account of the claimant and if there are more than one then in
their respective accounts. If there is no bank account, then they
should be required to open the bank account either individually or
jointly with family members only. It should also be mandated that, in
case there is any change in the bank account particulars of the
claimant(s) during the pendency of the claim petition they should
update the same before the Tribunal. This should be ensured before
passing of the final award. It may be ensured that the bank account
should be in the name of the claimant(s) and if minor, through
guardian(s) and in no case it should be a joint account with any
person, who is not a family member. The transfer of the amount in
the bank account, particulars of which have been furnished by the
claimant(s), as mentioned in the award, shall be treated as
satisfaction of the award. Intimation of compliance should be
furnished to the Tribunal.”
(Emphasis supplied)
59. In view of the same, the award amount can now be disbursed in
the Savings Bank Account of the Petitioners. However, the
MACT No. 372/2023 Digitally signed
by POOJA
POOJA AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
14:17:46 +0530
Page No. 26 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
remaining directions as passed by the Hon’ble Delhi High Court
shall be complied with.
Disbursement qua Petitioner No.1/ Ashma (wife):
60. After considering the financial statement of the Petitioner No.
1, it is directed that upon realization of the awarded amount, out
of the share of the Petitioner No.1 /wife of the deceased, a sum
of ₹2,36,106/-(Rupees Two Lakhs Thirty Six Thousand One
Hundred and Six only) shall be released to her immediately in
her Bank Account No. 44865308344, IFSC Code
SBIN0000726, Branch SBI, Tis Hazari Courts, Delhi.
61. The balance amount of ₹16,80,000/-(Rupees Sixteen Lakhs
Eighty Thousand only) shall be put in 56 monthly fixed deposits
in her name in her account as mentioned above of equal amount
of ₹30,000/- (Rupees Thirty Thousand only) each for a period
of 01 month to 56 months respectively, with cumulative interest,
in terms of the directions contained in FAO No. 842/2003 dated
07.12.2018 & 08.01.2021. Besides the above said amount,
amount of FDRs on maturity, shall automatically be transferred
in her saving account maintained in a nationalized bank situated
near the place of her residence.
Qua Petitioner No.2 Ms. Mahak, Petitioner No. 3 Mohd. Alfaiz,
Petitioner No. 4 Jiyan and Petitioner No. 5Arshan Khan (minor
children of deceased)
62. Since, the Petitioners No. 2 to 5 are minors, on realization of
the awarded amount, out of their share, a sum of ₹85,828/-
(Rupees Eighty Five Thousand Eight Hundred Twenty Eight
only) each be kept in one FDR each which shall be released in
Digitally
signed by
MACT No. 372/2023 POOJA
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 27 of 35
AGGARWAL Date:
2026.02.13
14:17:50Ashma & Ors. v Khem Karan Lal & Anr. +0530
their favour along with cumulative interest upon their attaining
majority. Further, the balance amount of ₹4,25,000/- each shall
be put in 17 monthly fixed deposits in their names of equal
amount of ₹25,000/- (Rupees Twenty Five Thousand only) each
for a period of 01 month to 17 months respectively, with
cumulative interest in terms of the directions contained in FAO
No. 842/2003 dated 07.12.2018 & 08.01.2021.
63. Upon the Petitioners No. 2 to 5 attaining majority, the amount
of these FDRs, shall automatically be transferred one after the
other every month in their respective saving account bearing
nos. Bank in their respective Bank Accounts No. 44873709561,
44873627043, 44865521502 and 44865735842, IFSC Code
SBIN0000726, the accounts maintained with Branch SBI, Tis
Hazari Courts, Delhi.
64. The Respondent No.2/UP State Road Transport Corporation is
directed to deposit the awarded sum of ₹39,59,418/- (Rupees
Thirty Nine Lakhs Fifty Nine Thousand Four Hundred Eighteen
only), inclusive of interest @ 7.5% p.a. from the date of filing of
petition till the date of the award (as rounded off) within 30 days
by way of NEFT or RTGS mode directly in the MACT account
of the Petitioners as mentioned in the Para No. 60 & 63 of this
award under intimation to the Petitioners as well as this Tribunal
failing which the said Respondent shall be liable to pay interest
@ 12 % per annum for the period of delay beyond 30 days.
(Ref: Oriental Insurance Company Ltd. Vs. Niru @ Niharika &
Ors. SLP no. 22136 of 2024 decided on 14.07.2025 by the
Hon’ble Supreme Court.)
Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13
14:17:56
Page No. 28 of 35
Ashma & Ors. v Khem Karan Lal & Anr. +0530
65. The concerned Manager of the bank of the Petitioners is
directed to release the amount to the Petitioners as per the award
upon completion of necessary formalities as per the rules. He is
directed to keep the amount in fixed deposits as per the
directions given in the award and to send a compliance report to
this court. He is also directed to ensure that no loan, advance or
pre mature discharge is allowed on the fixed deposit without an
order of this court.
66. The summary of the award as per Form XV of the Annexure
XIII and particulars of compliance of the Provisions of the
Scheme as per Form XVII of the Central Motor Vehicles Rules,
1989 as amended by the Central Motor Vehicles (Fifth
Amendment) Rules, 2022, are also annexed with this Award as
Annexure A and B respectively, and shall form a part of this
award.
67. A digital copy of this award be forwarded to the parties free of
cost.
68. Ahlmad is directed to send the copy of the award to Ld. Judicial
Magistrate First Class 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)].
69. Ahlmad is further directed to comply with the directions passed
by the Hon’ble High Court of Delhi on 06.01.2021 in MAC APP
Digitally
MACT No. 372/2023 POOJA
signed by
POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. AGGARWAL Date:
2026.02.13 Page No. 29 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
14:17:59
+0530
No. 10/2021 titled as New India Assurance Company Ltd. Vs.
Sangeeta Vaid & Ors., regarding digitization of the records.
70. Ahlmad is directed to e-mail an authenticated copy of the award
to the insurer 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 and also e-mail an authenticated copy of the award
to Branch Manager, SBI, Tis Hazari Courts for information.
71. 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).
72. This file be consigned to the Record Room after necessary
compliance.
73. A separate file be prepared for compliance report and put up the
same on 16.03.2026.
Announced in the Open Court Digitally signed
by POOJA
today i.e. on 13th February 2026 POOJA
AGGARWAL
AGGARWAL
Date:
2026.02.13
14:18:05 +0530(POOJA AGGARWAL)
Presiding Officer, MACT-02 (Central)
Tis Hazari, DelhiDigitally signed
MACT No. 372/2023 POOJA
by POOJA
AGGARWAL
AGGARWAL Date:
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. 2026.02.13
14:18:10
+0530
Page No. 30 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
ANNEXURE A
FORM – XV, Central Motor Vehicles (Fifth Amendment) Rules,
2022 (part of Annexure XIII. Ref: Rule 150A)SUMMARY OF COMPUTATION OF AWARD AMOUNT IN
DEATH CASES
1. Date of accident : 08.01.2023
2. Name of the deceased : Mr. Faruk
3. Age of the deceased : 43 years
4. Occupation of the deceased : Private Job
5. Income of the deceased : Assessed on the
basis of the salary record
as ₹19,000/- p.m.
6. Name, age and relationship of
legal representative of deceased:
S.No Name Age Relation with the
(yrs.) deceased
(1) Ashma 40 Wife
(2) Mahak 17 Daughter
(3) Mohd. Alfaiz 14 Son
(4) Jiyan 11 Son
(5) Arshan Khan 09 Son
Computation of Compensation
S.No Heads Awarded by Claims
Tribunal
7. Monthly income of the ₹19,000/-
deceased (A)
8. Add-Future Prospects (B) 25% i.e. ₹4,750/-
9. Less - Personal expenses of One fourth deduction.
Digitally signed
MACT No. 372/2023
by POOJA
POOJA AGGARWAL
AGGARWAL Date:
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. 2026.02.13
14:18:14 +0530 Page No. 31 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
the deceased(C)
10. Monthly loss of dependency ₹17,812.25/-
[(A+B)-C=D]
11. Annual loss of dependency ₹2,13,750/-
(Dx12)
12. Multiplier(E) ’14’
13. Total loss of dependency ₹29,92,500/-
(Dx12xE= F)
14. Medical Expenses(G) NIL
15. Compensation for loss of ₹2,42,000/-
consortium(H)
16. Compensation for loss of NIL
love and affection (I)
17. Compensation for loss of ₹20,000/-
estate(J)
18. Compensation towards ₹20,000/-
funeral expenses(K)
19. TOTAL COMPENSATION ₹32,74,500/-
(F+G+H+I+J+K=L)
20. RATE OF INTEREST 7.5% p.a.
AWARDED
21. Interest amount up to the ₹6,84,918/-
date of award(M) (rounded off)
22. Total amount including ₹39,59,418/-
interest (rounded off)
(L + M)
23. Award amount released P-1 : ₹2,36,106/-
P-2 to P-5: NIL
24. Award amount kept in FDRs As per award
25. Mode of disbursement of the Mentioned in the award
award amount to the
petitioner (s)
Digitally signed
MACT No. 372/2023 POOJA
by POOJA
AGGARWAL
AGGARWAL Date:
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. 2026.02.13
14:18:19 +0530 Page No. 32 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
26. Next date for compliance of 16.03.2026
the award
1. Prepared as per the award dated 13.02.2026.
2. A separate file was ordered to be prepared by the Nazir
with directions to put up the same on 16.03.2026.
Digitally signed by
POOJA POOJA AGGARWAL
AGGARWAL Date: 2026.02.13
14:18:24 +0530
(POOJA AGGARWAL)
Presiding Officer, MACT-02 (Central)
Tis Hazari, Delhi
13.02.2026
MACT No. 372/2023 Digitally signed
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
by POOJA
AGGARWAL
AGGARWAL Date:
Page No. 33 of 35
Ashma & Ors. v Khem Karan Lal & Anr. 2026.02.13
14:18:28 +0530
ANNEXURE B
FORM – XVII, Central Motor Vehicles (Fifth Amendment)
Rules, 2022 (part of Annexure XIII. Ref: Rule 150A)Compliance of provisions of Scheme to be mentioned in the
Award
1. Date of the accident 08.01.2023
2. Date of filing of Form-I – First Accident N.A.
Report (FAR)
3. Date of delivery of Form-II to the N.A.
victim(s)
4. Date of receipt of Form-III from the N.A.
Driver
5. Date of receipt of Form-IV from the N.A.
Owner
6. Date of filing of the Form-V-Interim N.A.
Accident Report (IAR)
7. Date of receipt of Form-VIA and Form- N.A.
VIB from the Victim(s)
8. Date of filing of Form-VII – Detailed N.A.
Accident Report (DAR)
9. Whether there was any delay or deficiency N.A.
on the part of the Investigating Officer? If
so, whether any action/ direction
warranted?
10. Date of appointment of the Designated Not mentioned
Officer by the Insurance Company
11. Whether the Designated Officer of the N.A.
Insurance Company submitted his report
within 30 days of the DAR?
12. Whether there was any delay or deficiency N.A.
on the part of the Designated officer of the
Insurance Company? If so, whether any
action/ direction warranted?
13. Date of response of the petitioner(s) to the N.A.
offer of the Insurance Company.
14. Date of the award 13.02.2026
MACT No. 372/2023 Digitally signed
by POOJA
AGGARWAL
In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. POOJA
AGGARWAL Date:
2026.02.13
Page No. 34 of 35
Ashma & Ors. v Khem Karan Lal & Anr.
14:18:33
+0530
15. Whether the petitioner (s) was/were Yes
directed to open savings bank account(s)
near their place of residence?
16. Date of order by which claimant(s) 06.08.2024
was/were directed to open savings bank
account(s) near his place of residence and
produce PAN Card and Adhaar Card and
the direction to the bank not issue any
cheque book/debit card to the claimant(s)
and make an endorsement to this effect on
the passbook.
17. Date on which the claimant(s) produced 05.02.2026
the passbook of their savings bank account
near the place of their residence along
with the endorsement, PAN Card and
Adhaar Card?
18. Permanent Residential Address of the H.No. 687,
Claimant(s). Chaman Colony,
Islamnagar, Distt.
Ghaziabad,
U.P.-201009.
19. Whether the claimant(s) savings bank No
account(s) is near his place of residence?
20. Whether the claimant(s) were examined at Yes
the time of passing of the award to
ascertain his/their financial condition?
Digitally signed by
POOJA
POOJA AGGARWAL
AGGARWAL Date: 2026.02.13
14:18:38 +0530
(POOJA AGGARWAL)
Presiding Officer, MACT-02 (Central)
Tis Hazari, Delhi
13.02.2026
Digitally signed
by POOJA
POOJA AGGARWAL
AGGARWAL Date:
2026.02.13
MACT No. 372/2023 14:18:45 +0530In Respect of FIR No. 0018/2023 PS Gajraula, Dist. Amroha,, UP. Page No. 35 of 35
Ashma & Ors. v Khem Karan Lal & Anr.