Gyarsi Lrs (Dec. … vs Dil Bag Singh(Icici) on 6 April, 2026

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    Delhi District Court

    Gyarsi Lrs (Dec. … vs Dil Bag Singh(Icici) on 6 April, 2026

                 IN THE COURT OF MS. RUCHIKA SINGLA
                PRESIDING OFFICER, MACT-01 (CENTRAL)
                       TIS HAZARI COURTS, DELHI.
    
    DLCT010083222025
    
    
    
    
    MACT No. :         489/25
    FIR No.  :         342/2025
    PS       :         Karol Bagh
    u/s      :         281/106 (1) BNS
    
    1. Smt. Gyarsi (mother of the deceased)
    W/o Sh. Sachin
    R/o H. No. 34 J, Beadon Pura,
    Karol Bagh, Delhi-110005.
    
    2. Mr. Sachin (father of the deceased)
    S/o Raju,
    R/o C-186, JJ Colony,
    Bakkar Wala, West Delhi-110041.
    
    3. Sh. Rajubhai Gulabsingh Bavri (grandfather of the deceased)
    S/o Sh. Gulab Singh
    R/o C-186, JJ Colony,
    Bakkar Wala, West Delhi-110041.
    
    4. Smt. Ratnaben (grandmother of the deceased)
    W/o Sh. Raju
    R/o C-186, JJ Colony,
    Bakkar Wala, West Delhi-110041.
                                                                                          ...Petitioners
    
                                       Versus
    
    1. Sh. Dilbag Singh (driver of the offending vehicle)
                                                                       Digitally signed
                                                           RUCHIKA SINGLA
                                                                   by RUCHIKA
    
                                                           SINGLA Date: 2026.04.06
                                                                       14:33:13 +0530
    
    
    MACT No.489/2025    Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors.                      Page 1 of 33
     S/o Sh. Kesar Singh,
    R/o 12/18 WEA Arya Samaj Road,
    Karol Bagh, Delhi-110005.
    
    2. Baluja Shoe Company (Owner of the Offending Vehicle)
    R/o 454, Chandni Chowk,
    Delhi-110006.
    
    3. ICICI Lombard General Insurance Co. Ltd.(Insurer)
    R/o Fourth Parsavnath Capital Tower,
    Bhai Veer Singh Marg, New Delhi-110001.
                                                     ...Respondents
    
                                         Date of filing of DAR : 02.06.2025
                                        Judgment reserved on : 06.04.2026
                                         Date of Award         : 06.04.2026
    
                                      AWAR D
    
    1.             The Detailed Accident Report (DAR) was filed on
    02.06.2025 which was treated as a claim petition. The Road Traffic
    Accident in question took place on 03.03.2025 at around 10:30 am near
    12/18, Arya Samaj Road, Karol Bagh, Delhi-110005. Baby Gunja
    expired in the said accident which was allegedly caused by vehicle
    bearing registration No. DL3CCZ-1875 (Honda Car), (hereinafter
    referred to as the offending vehicle). The said vehicle was being driven
    by respondent no. 1 Dilbag, owned by respondent no. 2 Baluja Shoe
    Company, and insured with respondent no. 3 ICICI Lombard General
    Insurance Co. Ltd.
    
    
                                   BRIEF FACTS

    2. The brief facts that have emerged from the DAR are that
    Digitally signed by
    RUCHIKA RUCHIKA SINGLA
    SINGLA Date: 2026.04.06
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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 2 of 33
    on 02.06.2025, on receipt of information of an accident vide DD
    No.51A, the investigation of present accident was marked to the
    IO/WSI Meenu. Thereafter, she along with HC Lokinder went to the
    spot where IO got to know that injured had already been taken to the
    hospital. Further, after leaving HC on the spot, IO went to the hospital
    where she collected the MLC No. 199474/25 of injured namely Baby
    Gunja. She was declared brought dead by the doctors on the same day.
    Thereafter, IO preserved the dead body of Baby Gunja in the mortuary
    of RML hospital where IO recorded the statement of eyewitness
    namely Smt. Gyarsi (mother of deceased). Further, Smt. Gyarsi
    produced one person namely Dilbag Singh before the IO and said that
    he is the driver of the offending vehicle. Thereafter, FIR was registered
    on the basis of MLC, statement of eyewitness u/s 281/106 (1) BNS.

    SPONSORED

    3. Thereafter, IO prepared the site plan on the instructions of
    the eye witness. Further, he took the offending vehicle into his custody
    and deposited it into the malkhana. Thereafter, driver produced his DL
    before the IO. Thereafter, IO served the notice u/s 133 MV Act to the
    owner and he replied to the same and also produced the documents of
    the offending vehicle. Further, after interrogation, the respondent no.1
    accepted that the accident was caused by him only and thereafter he
    was arrested and released on bail. Thereafter, IO collected the CCTV
    footage of the spot in his pendrive. Further investigation of the present
    case was transferred to the MACT Cell, Central to the IO /ASI Mohan
    Singh.

    4. On 04.03.2026, IO/ASI Mohan Singh got conducted the Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    Date:

    SINGLA 2026.04.06
    14:33:22
    +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 3 of 33
    post mortem of Baby Gunja and handed over the dead body to her
    parents. Thereafter, mechanical inspection of the offending vehicle was
    got done and documents of the offending vehicle were verified by the
    concerned authority which were found to be correct. On 21.03.2025,
    offending vehicle was released on superdari. Further, IO collected the
    post mortem report bearing No. 160/25 from the RML hospital.
    Thereafter, chargesheet was prepared against the accused namely
    Dilbag Singh u/s 281/ 106(1) BNS, which was filed before the Ld.
    JMFC and DAR was filed in the present case.

    WRITTEN STATEMENTS

    5. WS was filed on behalf of respondent no. 1 and 2 on
    23.09.2025, wherein it was stated that the respondent no.1 was driving
    his vehicle as per the traffic rules and regulations. He was holding a
    valid driving license and that he was not responsible for the accident. It
    was stated that he was driving the offending vehicle very slowly but
    suddenly, the deceased child came before his vehicle. It is stated that
    the incident was a pure accident and there was no rash and negligent
    act on his behalf.

    6. Legal offer on behalf of respondent no. 3 was filed on
    29.07.2025, wherein it was admitted that the offending vehicle was
    insured with the respondent no.3 vide policy no.
    3001/306842809/00/000 for the period 18.09.2023 to 17.09.2024. An
    offer of Rs. 2,22,500/- was made to the petitioners but the same was not
    accepted by the petitioners. It was stated that the deceased was guilty of
    contributory negligence as she was playing alone on the road without
    Digitally signed
    RUCHIKA by RUCHIKA
    SINGLA
    SINGLA Date: 2026.04.06

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 4 of 33
    14:33:27 +0530
    any supervision.

    ISSUES

    7. On the basis of the pleading of the parties, vide order
    dated 23.09.2025, this Tribunal framed the following issues:

    1. Whether the petitioner is entitled for compensation?

    If so, to what amount and from whom? OPP

    2. Relief.

    PETITIONER’S EVIDENCE

    8. The petitioners examined petitioner no.3 i.e. Sh. Rajubhai
    Gulabsingh Bavri @ Rajubhai as PW-1. PW1 has tendered his
    evidence by way of affidavit which is Ex. PW1/A. He relied upon the
    following documents:

    1. DAR filed by the IO was Ex. PW-1/1.

    2. MLC prepared at Ram Manohar Lohia Hospital, Delhi was
    Ex. PW-1/2.

    3. Aadhar Card of Sh. Rajubhai was Ex. PW-1/3 (OSR).

    4. Aadhar Card of Sh. Sachin was Ex. PW-1/4 (OSR).

    5. Aadhar Card of Smt. Gyarsi was Ex. PW-1/5 (OSR).

    6. Aadhar Card of Sh. Ratnaben was Ex. PW-1/6 (OSR).

    7. Birth Certificate of the deceased namely Baby Gunja was
    Ex. PW-1/7 (OSR).

    8. Medical report of father of the deceased namely Sh. Sachin
    (running into 2 pages) was Ex. PW-1/8 (OSR).

    9. He was duly cross examined by the Ld. Counsel for
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:33:32 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 5 of 33
    respondents. Thereafter, PE was closed vide order dated 09.12.2025.

    RESPONDENT’S EVIDENCE

    10. No RE was led by the respondents. Hence, vide separate
    statement of the Ld. Counsels for respondents, RE was closed on

    09.12.2025.

    FINAL ARGUMENTS

    11. The Petitioners filed his duly filled Form XIII and the
    financial statements of all the petitioners were recorded. Final
    arguments were heard on behalf of the petitioners as well as
    respondents.

    FINDINGS & OBSERVATIONS

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

    ISSUE NO.1:

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

    13. The onus to prove this issue was upon the petitioner. As
    legal offer was filed by the respondent no. 3 in the present matter, the
    factum of the accident and the rash and negligent act of the respondent
    no. 1 was not disputed by the respondent no. 3. Hence, as the said facts
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

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    are admitted, the same are not required to be proved by the petitioner.
    Hence, it is proved that the accident was caused by the the rash and
    negligent act of the respondent no.1.

    Contributory negligence

    14. It is alleged by the respondents that the deceased is guilty
    of contributory negligence as she was playing on the road alone
    without her parents’ supervision. Per contra, Ld. Counsel for the
    petitioner has argued that the deceased was a minor child of two years.
    She was unable to understand the gravity and the consequences of
    playing on the road. Hence, contributory negligence cannot be fastened
    on the deceased.

    15. Record perused.

    16. Admittedly, the deceased was playing on the road when
    she met with the fatal accident. However, as submitted by Ld. Counsel
    for the petitioner, the deceased was a minor child of merely two years.
    She could not understand the consequences of playing on the road.
    Hence, in the opinion of this Tribunal, the deceased cannot be held
    liable for contributory negligence.

    The injury:

    17. Further, the onus to prove that the deceased had suffered
    injuries by way of the said accident was on the petitioner. It is the
    matter of record that due to the accident, the deceased suffered injuries.

    Digitally signed

    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date: 2026.04.06
    14:34:53 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 7 of 33
    To prove the same, the petitioners have relied upon the MLC of the
    deceased, as per which she was brought to RML Hospital with history
    of road accident and was declared brought dead. Further, as per her post
    mortem report dated 04.03.2025 issued by RML Hospital, she expired
    due to cranio-cerebral damage in case of blunt force impact to the head,
    possible in the manner alleged.

    18. In view of the above discussion, this Tribunal is of the
    opinion that on the scales of preponderance of probabilities, the
    petitioner has proved that the accident in question took place due to
    rash and negligent driving of offending vehicle being driven by its
    driver/respondent no. 1 on the date and time of the accident and that
    due to the said accident, the injured Baby Gunja had expired.

    Compensation

    19. In view of the above discussion, the petitioners are
    entitled for compensation. Hon’ble Supreme Court of India in matter
    of “Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors.
    (2003) 6 SCC 121 has held : –

    “QUA BASIC PRINCIPLES
    “9. 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 the (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
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 8 of 33
    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.
    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
    dependent 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. 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
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 9 of 33
    deceased before death (if incurred) should also added.”

    QUA ADDITIONS
    “11. ………………… In view of imponderables and
    uncertainties, we are in favour of adopting as a rule of
    thumb, an addition of 50% of actual salary to the actual
    salary income of the deceased towards future prospects,
    where the deceased had a permanent job and was below 40
    years. [Where the annual income is in the taxable range, the
    words `actual salary’ should be read as `actual salary less
    tax’]. The addition should be only 30% if the age of the
    deceased was 40 to 50 years. There should be no addition,
    where the age of deceased is more than 50 years. Though the
    evidence may indicate a different percentage of increase, it is
    necessary to standardize the addition to avoid different
    yardsticks being applied or different methods of calculations
    being adopted. Where the deceased was self-employed or was
    on a fixed salary (without provision for annual increments
    etc.), the courts will usually take only the actual income at
    the time of death. A departure therefrom should be made only
    in rare and exceptional cases involving special
    circumstances.”

    QUA DEDUCTIONS
    “14. 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
    (1/3rd) where the number of dependant family members is 4
    to 6, and one-fifth (1/5th) where the number of dependant
    family members exceed six.

    15. Where the deceased was a bachelor and the
    claimants are the parents, the deduction follows a different
    principle. In regard to bachelors, normally, 50% is deducted
    as personal and living expenses, because it is assumed that a
    bachelor would tend to spend more on himself. Even
    otherwise, there is also the possibility of his getting married Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 10 of 33
    in a short time, in which event the contribution to the
    parent/s and siblings is likely to be cut drastically. Further,
    subject to evidence to the contrary, the father is likely to have
    his own income and will not be considered as a dependent
    and the mother alone will be considered as a dependent. In
    the absence of evidence to the contrary, brothers and sisters
    will not be considered as dependents, because they will either
    be independent and earning, or married, or be dependent on
    the father. Thus even if the deceased is survived by parents
    and siblings, only the mother would be considered to be a
    dependent, and 50% would be treated as the personal and
    living expenses of the bachelor and 50% as the contribution
    to the family. However, where family of the bachelor is large
    and dependent on the income of the deceased, as in a case
    where he has a widowed mother and large number of
    younger non-earning sisters or brothers, his personal and
    living expenses may be restricted to one-third and
    contribution to the family will be taken as two-third.”

    QUA MULTIPLIER
    “21. 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.”

    20. Hon’ble Supreme Court of India in its Constitution
    Bench decision in matter of “National Insurance Company Limited
    Vs. Pranay Sethi & Ors.
    ” (2017) 16 SCC 680 held as under : –

    “58. To lay down as a thumb rule that there will be
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 11 of 33
    no addition after 50 years will be an unacceptable concept.
    We are disposed to think, there should be an addition of 15%
    if the deceased is between the age of 50 to 60 years and
    there should be no addition thereafter. Similarly, in case of
    self- employed or person on fixed salary, the addition should
    be 10% between the age of 50 to 60 years. The aforesaid
    yardstick has been fixed so that there can be consistency in
    the approach by the tribunals and the Courts.

    59. In view of the aforesaid analysis, we proceed to
    record our conclusions:-

    (i) The two-Judge Bench in Santosh Devi should have
    been well advised to refer the matter to a larger Bench as it
    was taking a different view than what has been stated in
    Sarla Verma, a judgment by a coordinate Bench. It is
    because a coordinate Bench of the same strength cannot
    take a contrary view than what has been held by another
    coordinate Bench.

    (ii) As Rajesh has not taken note of the decision in
    Reshma Kumari, which was delivered at earlier point of
    time, the decision in Rajesh is not a binding precedent.

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

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

    Digitally signed

    RUCHIKA by RUCHIKA
    SINGLA
    SINGLA Date: 2026.04.06
    14:35:21 +0530
    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 12 of 33

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

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

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

    (viii) Reasonable figures on conventional heads,
    namely, loss of estate, loss of consortium and funeral
    expenses should be Rs. 15,000/-, Rs. 21,917/- and Rs.
    15,000/- respectively. The aforesaid amounts should be
    enhanced at the rate of 10% in every three years.”

    Loss of income

    21. In the present matter, it is a matter of record that the
    deceased was a minor child of 2 years of age. The Hon’ble High court
    of Delhi in the matter of “Cholamandalam MS General Insurance
    Co. Ld. Vs. Bhupan Paswan & Ors.” MAC
    . APP. 324/2018, CM
    APPL. 12428/2018 decided on 24.02.2025 while summarizing the
    earlier law of assessment of compensation in case of death of a child
    below 15 years has observed and held as under:-

    “Loss of Dependency:-

    “8…

    17. However, it is apposite to note that in the above
    judgments while Notional income as defined in Second
    Schedule was taken as a basis but the amount was being
    modified by applying Cost Inflation Index, in the facts of
    each case.

    18. The Second Schedule however, stands deleted w.e.f.
    01.09.2019. Thus, the question that what would be the basis
    of assessing the notional income of a child/ i.e. a non-

    Digitally signed
    by RUCHIKA

    RUCHIKA SINGLA
    Date:
    SINGLA 2026.04.06
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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 13 of 33
    earning member below 15 years of age, who is a victim of a
    motor vehicle accident, became a subject of extensive
    judicial discourse….”

    22. While discussing the law as laid down, the Hon’ble High
    Court applied the Minimum Wage criteria paid to a skilled worker on
    a fulltime basis’, which has been adopted by the Hon’ble Supreme
    Court in the judgment of Kajal vs Jagdish Chand AIR 2020 SC 776,
    Master Ayush v. Branch Manager, Reliance General Insurance Co.
    Ltd.
    (2022) 7 SCC 738 and Baby Sakshi Greola vs. Manzoor Baby
    Ahmad Simon &Anr., SLP (C) No.
    10996/2018 decided on on 11
    December, 2024.
    Same has been upheld by the Hon’ble Supreme
    Court in case titled as Devendra Kumar Tripathi v. Oriental Insurance
    Company SLP No. 2195 of 2024 decided on 15.12.2025 and Hitesh
    Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. Civil Appeal

    no. 10278 of 2025 decided on 8th August 2025.

    23. Hence, the income of the deceased is assessed as per the
    minimum wages payable to a skilled person. The date of accident is
    03.03.2025. As per the relevant notification, minimum wages payable
    to a skilled labour at that time is Rs. 21,917/-. Hence, her monthly
    income is assessed to be Rs.21,917/-.

    Age determination of the deceased:

    24. As per the Birth Certificate of the deceased Ex. PW1/7,
    her date of birth was 15.04.2023. The date of the accident is
    03.03.2025. Hence, as on the date of the accident, the deceased was
    Digitally
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    RUCHIKA
    RUCHIKA SINGLA
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    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 14 of 33
    +0530
    aged 1 years 10 months.

    Future Prospects: –

    25. In view of the judgment of National Insurance Company
    Limited v. Pranay Sethi & Ors
    ; (2017) 16 SCC 680, it was observed
    that the Claimants would be entitled to 40% for future prospects as the
    deceased was less than 40 years of age. Accordingly, the monthly
    income of the deceased needs to be taken as Rs. 30,683.80. (Rs.

    21,917/- + Rs. 8,766.80 which is 40% of Rs. 21,917/-).

    Determination of Dependent

    26. In the present case, the deceased is survived by her parents
    and her grandparents. However, in view of the judgment of the Hon’ble
    Supreme Court in Sarla Verma & Ors. Vs. Delhi Transport
    Corporation & Ors.
    , only the mother of the deceased shall be
    considered as dependent on her.

    Determination of multiplicand

    27. The monthly income of the deceased after enhancement
    needs to be taken as Rs. 30,683.80. In light of the 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, 1/2 amount has to be
    deducted on account of personal and living expenses as the deceased
    was unmarried. So, in this matter, monthly loss of dependency would
    Digitally signed
    RUCHIKA by RUCHIKA
    SINGLA
    SINGLA Date: 2026.04.06
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    come out to be Rs. 15,341.90 (1/2 of Rs. 30,683.80). This needs to be
    multiplied by 12 to workout multiplicand/annual loss of dependency.
    Hence, multiplicand for this matter would be Rs. 1,84,102.80
    (rounded off to Rs. 1,84,103/-) ( Rs. 15,341.90 x 12).

    Award Towards Loss of Dependency

    28. Further, as the deceased was 1 year of age at the time of
    the accident, multiplier applicable in this matter as per above discussion
    would be 18. Reliance placed on judgment of the Hon’ble Supreme
    Court in Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr.
    Civil Appeal
    no. 10278 of 2025 decided on 8th August 2025. The total
    loss of dependency would come out to be Rs.33,13,854/- (Rs.
    1,84,103/- x 18), hence, so awarded.

    Medical expenses:

    29. The petitioners have not filed any medical bills on record.
    Hence, in the absence of any medical bills, the petitioners shall not be
    entitled to any amount towards medical expenses.

    Non-Pecuniary Heads:-

    30. The Respondents/Claimants shall be entitled to the
    compensation under Non-Pecuniary Heads in terms of National
    Insurance Company Limited vs. Pranay Sethi And Others
    , (2017) 16
    SCC 680.
    The case of National Insurance Co. Ltd. Vs. Pranay Sethi
    & Ors.
    2017 ACJ 2700 (SC) was considered and clarified by the
    Hon’ble Apex Court in the case of Magma General Insurance
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    Date:
    SINGLA 2026.04.06
    14:35:42
    +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 16 of 33
    Company Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors. Civil Appeal
    No.
    9581/2018 decided on 18.09.2018 whereby after considering the
    case of Pranay Sethi‘s (supra), Hon’ble Supreme Court was pleased to
    award loss of consortium of Rs.40,000/- to each dependent of the
    deceased and further pleased to award a compensation of Rs. 50,000/-
    to each dependent of the deceased towards loss of love and affection.
    The relevant portion is as under:

    “…… A Constitution Bench of this Court in Pranay Sethi
    (supra) dealt with the various heads under which
    compensation is to be awarded in a death case. One of these
    heads is Loss of Consortium.

    In legal parlance, “consortium” is a compendious term
    which encompasses ‘spousal consortium’, ‘parental
    consortium’, and ‘filial consortium’.

    The right to consortium would include the company, care,
    help, comfort, guidance, solace and affection of the
    deceased, which is a loss to his family. With respect to a
    spouse, it would include sexual relations with the deceased
    spouse.

    Spousal consortium is generally defined as rights pertaining
    to the relationship of a husband wife which allows
    compensation to the surviving spouse for loss of “company,
    society, cooperation, affection, and aid of the other in every
    conjugal relation.”

    Parental consortium is granted to the child upon the
    premature death of a parent, for loss of “parental aid,
    protection, affection, society, discipline, guidance and
    training.”

    Filial consortium is the right of the parents to compensation
    in the case of an accidental death of a child. An accident
    leading to the death of a child causes great shock and agony
    to the parents and family of the deceased. The greatest
    agony for a parent is to lose their child during their lifetime.

    Digitally signed
    by RUCHIKA

    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 17 of 33
    14:35:47 +0530
    Children are valued for their love, affection, companionship
    and their role in the family unit.

    Consortium is a special prism reflecting changing norms
    about the status and worth of actual relationships. Modern
    jurisdictions world-over have recognized that the value of a
    child’s consortium far exceeds the economic value of the
    compensation awarded in the case of the death of a child.
    Most jurisdictions therefore permit parents to be awarded
    compensation under loss of consortium on the death of a
    child. The amount awarded to the parents is a compensation
    for loss of the love, affection, care and companionship of the
    deceased child.

    The Motor Vehicles Act is a beneficial legislation aimed at
    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 children who lose their
    parents in motor vehicle accidents under the Act.

    A few High Courts have awarded compensation on this
    count. However, there was no clarity with respect to the
    principles on which compensation could be awarded on loss
    of Filial Consortium.

    The amount of compensation to be awarded as consortium
    will be governed by the principles of awarding
    compensation under ‘Loss of Consortium’ as laid down in
    Pranay Sethi (supra).

    In the present case, we deem it appropriate to award the
    father and the sister of the deceased, an amount of
    Rs.21,917 each for loss of Filial Consortium…..”.

    31. However, in the case of United India Insurance
    Company Ltd. Vs. Satinder Kaur @ Satwinder Kaur
    2020 SCC
    Online SC 410 the Hon’ble Supreme Court has observed that there is Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 18 of 33
    14:35:52 +0530
    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:

    “…… The amount to be awarded for loss consortium
    will be as per the amount fixed in Pranay Sethi (supra). 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.

    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…”.

    32. In the case of Pranay Sethi (supra), it was held that in the
    case of death, Rs.15,000/- is liable to be paid towards the loss of estate
    and funeral charges each, while Rs.40,000/- was payable towards the
    loss of consortium to each legal heir and the same may be enhanced by
    10% every three years.

    33. Thus, an amount of Rs. 19,965/- is granted towards the
    Loss of Estate and Rs. 19,965/- towards funeral charges.

    Digitally signed

    RUCHIKA by RUCHIKA
    SINGLA
    SINGLA Date: 2026.04.06
    14:35:57 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 19 of 33
    34 Further, Rs. 53,240/- each is granted to the petitioners
    i.e. the parents and grandparents i.e. total of Rs. 53,240/- x 4 = Rs.
    2,12,960/- towards Loss of Consortium.

    Computation of compensation:

    35. Applying the settled guidelines in the various judgments,
    the compensation payable to the petitioners is calculated as under:

    Head Awarded by the Claims Tribunal
    Monthly Income of deceased (A) Rs. 21,917/-
    Add future prospect (B) @ 40%= Rs. 8,766.80
    Less 1/2 deductions towards (Rs. 21,917/- + Rs. 8,766.80) =
    personal and living expenses of the Rs. 30,683.80 x 1/2 = Rs.

    deceased (C)                        15,341.90
    
    Monthly loss of dependency                       (Rs. 21,917/- + Rs. 8,766.80) -
    [(A+B) - C = D]                                  Rs. 15,341.90 = Rs. 15,341.90)
    Annual loss of Dependency                        Rs. 15,341.90 x 12= Rs.
    (D x 12)                                         1,84,103/-
    Multiplier (E)                                   18
    Total loss of dependency                         (Rs. 1,84,103/- x 18) =
    DxE=F                                            Rs. 33,13,854/-
    Medical Expenses (G)                             Nil
    

    Compensation for loss of love and Nil.
    affection (H)
    Compensation for loss of Rs. 53,240/- x 4 = Rs. 2,12,960/-
    consortium (I) to the petitioners
    Compensation for loss of Estate (J) Rs. 19,965/-
    Compensation for funeral expenses Rs. 19,965/-
    (K)
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:36:03 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 20 of 33
    Total Compensation (F+I+J+K) Rs. 35,66,744/-

    36. 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 petition i.e. 02.06.2025 till
    realization.

    Apportionment:

    37. It is evident from the record that the deceased had left
    behind her parents and grandparents. For the sake of convenience, the
    individual shares of the petitioners are tabulated as under:-

    S.No. Name of the Relation Amount in Total amount
    claimant with (Rupees) including interest
    deceased

    1. Mr. Sachin Father Rs. 53,240/- + Rs. Rs. 93,170/- + Rs.

    19,965/- + Rs. 7,098.79 = Rs.

                                               19,965/- = Rs. 1,00,268.79
                                               93,170/-           (rounded off to Rs.
                                                                  1,00,269/-)
    2.      Mrs. Gyarsi    Mother              Rs. 33,13,854/- + Rs. 33,67,094/- +
                                               Rs. 53,240/- = Rs. 2,56,544.89 =
                                               Rs. 33,67,094/-   Rs.    36,23,638.89
                                                                 (rounded off to Rs.
                                                                 36,23,639/-)
    3.      Sh. Rajubhai Grandfather           Rs. 53,240/-              Rs. 53,240/- + Rs.
            Gulabsingh                                                   4,056/-   =    Rs.
            Bavri                                                        57,296/-
    4.      Smt. Ratnaben Grandmother Rs. 53,240/-                       Rs. 53,240/- + Rs.
                                                                                          Digitally signed
                                                                              RUCHIKA by RUCHIKA
                                                                                      SINGLA
                                                                              SINGLA Date: 2026.04.06
                                                                                          14:36:09 +0530
    
    MACT No.489/2025       Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors.                         Page 21 of 33
                                                                            4,056/-              =      Rs.
                                                                           57,296/-
    
    
                                 DISBURSEMENT
    

    38. 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. 30,000/- per month.

    39. 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 Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 22 of 33
    14:36:14 +0530
    shall cancel the same before the disbursement of the award
    amount. The bank shall debit card(s) freeze the account of
    claimants so that no debit card be issued in respect of the
    account of claimants from any other branch of the bank.

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

    40. 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
    Digitally signed by
    RUCHIKA RUCHIKA SINGLA
    SINGLA Date: 2026.04.06
    14:36:19 +0530
    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 23 of 33
    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.”

    41. In view of the same, the award amount can now be
    disbursed in the Savings Bank Account of the petitioners. However, the
    remaining directions as passed by the Hon’ble High Court shall be
    complied with.

    Mr. Sachin (Father):

    42. After considering the financial statement of the petitioners,
    it is held that on realization of the award amount of Rs. 38,38,500/-, out
    of the share of the petitioner/father Mr. Sachin Rs. 1,00,269/- (Rupees
    One Lakh Two Hundred Sixty Nine only), the entire amount shall be
    released to the petitioner immediately in his Bank Account no.
    44870113958 State Bank of India, Tis Hazari Courts, Delhi, IFSC Code
    SBIN0000726, CIF No. 92348736994.

    Mrs. Gyarsi (mother):

    43. After considering the financial statement of the petitioners,
    it is held that on realization of the award amount of Rs. 38,38,500/-, out
    Digitally signed
    RUCHIKA by RUCHIKA
    SINGLA
    SINGLA Date: 2026.04.06
    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors.

    14:36:24 +0530
    Page 24 of 33
    of the share of the petitioner/mother Mrs. Gyarsi Rs. 36,23,639/-
    (Rupees Thirty Six Lakhs Twenty Three Thousand Six Hundred Thirty
    Nine only), Rs. 6,23,639/- (Rupees Six Lakhs Twenty Three Thousand
    Six Hundred Thirty Nine only) shall be released to the petitioner
    immediately in her Bank Account no. 44865752530 State Bank of
    India, Tis Hazari Courts, Delhi, IFSC Code SBIN0000726, CIF No.
    92347926012.

    44. The balance amount of Rs. 30,00,000/- (Rupees Thirty
    Lacs only) shall be put in 100 monthly fixed deposits in her name in her
    account as mentioned above of equal amount of Rs. 30,000/- (Rupees
    Thirty Thousand only) each for a period of 01 month to 100 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.

    Sh. Rajubhai Gulabsingh Bavri (grandfather)

    45. After considering the financial statement of the petitioners,
    it is held that on realization of the award amount of Rs. 38,38,500/-, out
    of the share of the petitioner/grandfather Sh. Rajubhai Gulabsingh
    Bavri Rs. 57,296/- (Rupees Fifty Seven Thousand Two Hundred Ninety
    Six only), the entire amount shall be released to the petitioner
    immediately in his Bank Account on furnishing of his bank account
    Digitally signed

    details. by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:36:27 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 25 of 33
    Smt. Ratnaben (grandmother)

    46. After considering the financial statement of the petitioners,
    it is held that on realization of the award amount of Rs. 38,38,500/-, out
    of the share of the petitioner/grandmother Smt. Ratnaben Rs. 57,296/-
    (Rupees Fifty Seven Thousand Two Hundred Ninety Six only), the
    entire amount shall be released to the petitioner immediately in her
    Bank Account on furnishing of her bank account details.

    47. 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:                        03.03.2025
    Name of the deceased:                    Baby Gunja
    Age of the deceased:                     1 year
    Occupation of the deceased:              -
    Income of the
    deceased                        :        Rs. 21,917/- p.m.
    
    

    Name and relationship of legal representatives of deceased:

    S.No. Name of the claimant Relation with
    deceased

    1. Mr. Sachin Father

    2. Mrs. Gyarsi Mother

    3. Sh. Rajubhai Gulabsingh Bavri Grandfather

    4. Smt. Ratnaben Grandmother Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:36:34 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 26 of 33
    COMPUTATION OF COMPENSATION

    Sr. Head Awarded by the Claims Tribunal
    No.
    1 Monthly Income of deceased Rs. 21,917/-

    (A)
    2 Add future prospect (B) @ 40%= Rs. 8,766.80
    3 Less 1/2 deductions towards (Rs. 21,917/- + Rs. 8,766.80) = Rs.

    personal and living expenses of 30,683.80 x 1/2 = Rs. 15,341.90
    the deceased (C)

    4 Monthly loss of dependency (Rs. 21,917/- + Rs. 8,766.80) – Rs.

    [(A+B) – C = D] 15,341.90 = Rs. 15,341.90)
    5 Annual loss of Dependency Rs. 15,341.90 x 12 = Rs. 1,84,103/-

            (D x 12)
    6       Multiplier (E)                              18
    7       Total loss of dependency                   (Rs. 1,84,103/- x 18) =
            DxE=F                                      Rs. 33,13,854/-
    8       Medical Expenses (G)                       Nil
    9       Compensation for loss of love Nil.
            and affection (H)
    10      Compensation for loss of Rs. 53,240 x 4 = Rs. 2,12,960/-
            consortium (I) to the petitioners
    
    11      Compensation       for       loss     of Rs. 19,965/-
            Estate (J)
    12      Compensation       for         funeral Rs. 19,965/-
            expenses (K)
    13      Total Compensation (F+I+J+K) Rs. 35,66,744/-
    14      Rate of Interest Awarded                   9%
    15      Interest amount upto the date of Rs. 2,71,756/-
                                                                                                 Digitally signed
                                                                                                 by RUCHIKA
                                                                                      RUCHIKA SINGLA
    
         MACT No.489/2025          Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors.   SINGLA
                                                                                                          Page 27 of 33
                                                                                              Date:
                                                                                              2026.04.06
                                                                                                 14:36:39 +0530
             award w.e.f. 02.06.2025 till
            realization
    16      Total amount including interest Rs. 38,38,500/-
    17      Award amount released                   As per paragraph Nos.42 to 46
    18      Award amount kept in FDRs               As per paragraph Nos. 44
    19      Mode of disbursement of the             As per paragraph Nos. 42 to 46
            award amount to the
            claimant(s)
    20      Next Date of compliance of the                            06.05.2026
            award
    
    
                                           LIABILITY:
    

    48. 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 the respondent
    no.3. Hence, it is directed that the respondent no. 3 shall be liable to
    pay the compensation to the petitioner. Issue No. 1 is accordingly
    decided in favour of the petitioner and against the respondents.

    RELIEF:

    49. In view of the above, the respondent no. 3 is directed to
    deposit a sum of Rs. 35,66,744/- (Rupees Thirty Five Lakhs Sixty
    Six Thousand Seven Hundred Forty Four only) along with interest
    @ 9% from the date of filing of DAR i.e. w.e.f. 02.06.2025 till
    realization with the Civil Nazir of this Tribunal within 30 days
    under intimation to the claimants, failing which the respondents
    shall be liable to pay interest @ 12 % per annum for the period of
    delay beyond 30 days. Reliance placed on case titled as Oriental Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:36:43 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 28 of 33
    Insurance Company Ltd. Vs. Niru @ Niharika & Ors. SLP no. 22136
    of 2024 decided on 14.07.2025 by the Hon’ble Supreme Court.

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

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

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

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

    Civil Nazir is directed to place a report on record on
    06.05.2026 in the event of non-receipt/deposit of the compensation
    amount within the time granted.

    Further, Civil Nazir is directed to maintain the record in
    Form XVIII in view of Central Motor Vehicles (fifth Amendment)
    Digitally signed
    by RUCHIKA
    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:36:48 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 29 of 33
    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 6th April 2026 Digitally signed by
    RUCHIKA RUCHIKA SINGLA
    SINGLA Date: 2026.04.06
    14:36:54 +0530

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

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 30 of 33

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

    1 Date of Accident 03.03.2025
    2 Date of filing of Form-I –

    First Accident Report 28.03.2025
    (FAR)
    3 Date of delivery of Form-II
    02.06.2025
    to the victim(s)
    4 Date of receipt of Form-III
    22.04.2025
    from the Driver
    5 Date of receipt of Form-IV
    from the Owner 22.04.2025

    6 Date of filing of Form-V-

    Particulars of the 22.04.2025
    insurance of the vehicle
    7 Date of receipt of Form-

    02.06.2025
    VIA from the Victim(s)
    8 Date of filing of Form-VII

    – Detail Accident Report 02.06.2025
    (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 02.06.2025
    Insurance Company
    11 Whether the Designated
    Officer of the Insurance
    Company admitted his Yes/Legal offer
    report within 30 days of the
    DAR/claim petition?

    Digitally signed by

    RUCHIKA RUCHIKA SINGLA
    SINGLA Date: 2026.04.06

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 31 of 33
    14:36:59 +0530
    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 06.04.2026
    15 Whether the claimant(s)
    were directed to open Yes
    savings bank account(s)
    near their place of
    residence?

    16 Date of order by which
    claimant(s) were directed to
    open Savings Bank
    Account(s) near his place of
    residence and produce PAN
    card and Aadhar Card and 02.06.2025
    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
    02.02.2026
    bank account(s) near the
    place of their residence
    alongwith the endorsement,
    PAN card and Aadhaar
    Card?

    Digitally signed
    by RUCHIKA

    RUCHIKA SINGLA
    SINGLA Date:

    2026.04.06
    14:37:04 +0530

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 32 of 33
    18 Permanent residential
    address of the claimant(s). As per Award.

    19 Whether the claimant(s)
    savings bank account(s) is
    No. (THC)
    near their place of
    residence?

    20 Whether the Claimant(s)
    were examined at the time
    Yes. The Financial Statements of the
    of passing of the Award to
    claimants were recorded on 02.02.2026
    ascertain his/their financial
    condition?

    Digitally signed by

    RUCHIKA RUCHIKA SINGLA
    SINGLA Date: 2026.04.06
    14:37:10 +0530

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

    06.04.2026

    MACT No.489/2025 Gyarsi LRs of Baby Gunja Vs. Dilbag Singh & Ors. Page 33 of 33



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