Manju And Ors vs Shankar Lal And Ors on 22 April, 2026

    0
    35
    ADVERTISEMENT

    Delhi District Court

    Manju And Ors vs Shankar Lal And Ors on 22 April, 2026

             IN THE COURT OF SH. ABHILASH MALHOTRA
           PRESIDING OFFICER: MOTOR ACCIDENT CLAIMS
          TRIBUNAL-02, PATIALA HOUSE COURTS, NEW DELHI
    
                                In the matter of:
                      MANJU & ANR. Vs. SHANKAR LAL & ORS.
                              MACT NO. 221 / 2022
    
    1.       Smt. Manju                               (Mother )
             W/o Sh. Om Prakash
    2.       Sh. Om Prakash                           (Father)
             S/o Sh. Panchu Ram
    
             Both Resident of:
             H. No. 72/2, D, Sector -2,
             DIZ Area, Kali Bari Marg,
             New Delhi, G.P.O.
             New Delhi -110001                              ...     Petitioners
    
                                             Versus
    
    1.       Sh. Shankar Lal
             S/o Sh. Surja Ram
             R/o Main Bazar, Shri Madhopur,
             Sikar, Rajasthan.
                                                        .... Driver/Respondent no.1

    2. Sh. Vijaypal Singh
    S/o Sh. Shyopal Singh
    R/o Dhani Nitharwal, Lakhani Reengus,
    Teh. Shri Madhopur, Sikar, Rajasthan.

    ….Owner/Respondent no.2

    SPONSORED

    3. M/s United India Insurance Co. Ltd.

    8th Floor, Kanchanjunga Bldg.

    18, Barakhamba Road, New Delhi.

                                                            ....Insurance Company/
                                                                 Respondent no. 3
    
    
    MACT No. 221/21                                                       Page. 1 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     Date of accident                         03.12.2019
    Date of filing Claim Petition            29.10.2022
    Date of framing of issues                16.08.2024
    Date of concluding arguments             10.04.2026
    Date of decision                         22.04.2026.
    
    
    
    
    MACT No. 221/21                                        Page. 2 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
                                               AWARD/JUDGMENT
    
    
    Index to the Judgment
    I.     BRIEF FACTS/CASE OF THE CLAIMANT(s)............................................5
    

    II. FRAMING OF ISSUES……………………………………………………………………….6
    III. Recording of evidence:……………………………………………………………………….. 6
    IV. ARGUMENTS OF COUNSELS OF THE PARTIES……………………………….9
    V. ISSUE WISE ANALYSIS & FINDINGS THERETO…………………………….10

    (a) Issue No.1: Whether the deceased Sh. Yash Prakash sustained fatal
    injuries in the accident which occurred on 03.12.2019 at about 7-7:30 PM,
    near Chaumupurohitan, Khatu Road, Sikar, Rajasthan caused by rash and
    negligent driving of vehicle No. RJ-14UB-3410 being driven by respondent
    no. 1, owned by respondent no. 2 and insured with respondent no.3?OPP….10
    i. Presumption qua complicity upon filing chargesheet:……………….10
    ii. The evidence on record qua negligence:………………………………….12
    iii. Adverse inference qua driver:………………………………………………..13
    iv. Preponderance of probabilities:………………………………………………14
    v. Finding:……………………………………………………………………………… 15

    (b) Issue No.2: Whether claimant is entitled to compensation, and to what
    amount ?……………………………………………………………………………………………. 15
    i. Principles qua assessment of compensation:…………………………….16
    ii. Monthly Income of the deceased:…………………………………………..18
    iii. Future prospects:………………………………………………………………….19
    iv. Personal expenses of the deceased:…………………………………………21
    v. Monthly & Annual Loss of dependency:…………………………………22
    vi. Total Loss of Dependency:…………………………………………………….22
    vii. Other Heads:………………………………………………………………………..23

    MACT No. 221/21 Page. 3 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    viii. Medical Expenses:………………………………………………………………..24
    ix. Compensation for Loss of Consortium:…………………………………..25
    x. Compensation for Loss of Estate:…………………………………………..27
    xi. Compensation towards Funeral Expenses:……………………………….27
    xii. Total Compensation:……………………………………………………………..27

    (c) Issue No.3: Relief………………………………………………………………………. 28
    i. Amount of Award:………………………………………………………………..28
    ii. Rate of Interest:……………………………………………………………………28
    VI. DEPOSIT OF AWARD& RELEASE/APPORTIONMENT…………………….29
    i. Deposit of Award:…………………………………………………………………29
    ii. Disbursement of the award amount & protection thereof:………….31
    VII…………………………………………………………………………………………..LIABILITY
    33
    VIII. SUMMARY OF COMPUTATION OF AWARD AMOUNT IN CASES OF
    DEATH…………………………………………………………………………………………………..34
    IX. COMPLIANCE QUA PROVISIONS OF THE SCHEME………………………36

    MACT No. 221/21 Page. 4 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    I. BRIEF FACTS/CASE OF THE CLAIMANT(s)

    1. In the present case, the accident had occurred out of Delhi and
    petition was filed. A claim petition was filed by the legal heirs of
    the deceased.

    2. The issue regarding the jurisdiction was raised by the Insurance
    Company. The office of the Insurance Company is stated to be
    within the jurisdiction of this Tribunal and in lieu of the judgment
    passed by Hon’ble Supreme Court of India in the case titled as
    Malati Sardar v. National Insurance Company Limited and Ors.
    (2016) 3 SCC 43, the issue of jurisdiction is no more in dispute.

    3. In present case, a claim petition under Section 166 of M. V. Act,
    1988 is filed by the legal heirs of deceased Mrs. Manju and Mr.
    Om Prakash, (parents of deceased) who lost his life in a road
    accident.

    4. It is stated in the claim petition that on 03.12.2019 at about 7-7:30
    p.m. deceased Mr. Yash Prakash along with Mr. Aman Rai was
    walking when they reached near Chaumupurohitan, Khatu Road,
    Sikar, Rajasthan the insured / offending vehicle bearing
    registration no. RJ-14-UB-3410 driven in rash manner at fast
    speed hit the deceased. Due to the accident the pedestrian Mr.
    Yash Prakash received serious injures and died.

    5. R-1/driver and R-2/registered owner filed their reply. R-3
    Insurance company also filed their reply and contested the matter.

    MACT No. 221/21 Page. 5 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    The issues were framed vide order dated 16.08.2024. The financial
    statement of petitioner was recorded on 10.10.2025.

    II. FRAMING OF ISSUES

    6. Vide order dated 16.08.2024, following issues were framed by
    this Tribunal:-

    “1. Whether the deceased Sh. Yash Prakash
    sustained fatal injuries in the accident which
    occurred on 03.12.2019 at about 7-7:30 PM, near
    Chaumupurohitan, Khatu Road, Sikar, Rajasthan
    caused by rash and negligent driving of vehicle
    No. RJ-14UB-3410 being driven by respondent
    no. 1, owned by respondent no. 2 and insured with
    respondent no.3?OPP

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

    3. Relief.”

    III. Recording of evidence:

    7. PW-1 is Mrs. Manju. She is the mother of the deceased Mr. Yash
    Prakash. She tendered her affidavit in chief as Ex. PW 1/A. She
    proved on record the following documents viz., Copy of Aadhar
    Card as Ex. PW 1/1; Copy of Aadhar Card of Sh. Om Prakash
    as Ex. PW 1/2; Copy of Aadhar Card of deceased sh. Yash
    Prakash as Ex. PW 1/3; Copy of Graduate Degree of deceased
    as Ex. PW 1/4; Copy of appointment letter is marked ‘A’;

    MACT No. 221/21 Page. 6 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    Certified copy of criminal case record is marked ‘B’; Original
    advance payment receipt as Ex. PW 1/7 (Colly).

    8. PW-1 in her testimony stated that on her son Mr. Yash Prakash
    was walking on road on 03.12.2019 and insured/ offending
    vehicle bearing registration no. RJ-14-UB-3410 driven in rash
    manner by R-1 / driver, hit her son from behind. Due to the
    impact, her son received serious injuries and died during
    treatment.

    9. PW-1 stated that her son was unmarried and was working as
    General Manager, in Hotel New Majestic, Opp. Railway
    Station, Kanavandas Pura Dargah Road, Ajmer Rajasthan and
    was getting salary of Rs.5,04,000/- per annum. It is stated that
    they were completely dependent upon the income of the
    deceased.

    10.In her financial statement PW-1 stated that the deceased is
    survived by herself and her husband.

    11.PW-1 in her cross-examination admitted that she was not an eye-

    witnesses. She stated that her son / deceased had not taken any
    degree/ diploma in hotel management. She stated that her son /
    deceased was getting salary in cash. She admitted that she has
    only filed on record the advance payment receipt made to the
    forties hospital and the details of the bills is not filed on record.

    12.PW-2 is Mr. Aman Rai. He tendered his affidavit-in-chief by
    way of evidence as Ex. PW 2/A. He proved on record his Aadhar
    Card as Ex. PW 2/1.

    MACT No. 221/21 Page. 7 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    13.PW-2 in his affidavit in chief stated that on 03.12.2019 at about
    7-7:30 p.m. he was going on foot on a Yatra to Khatu Shyam Ji
    along with deceased Mr. Yash Prakash. When they reached near
    Chaumupurohitan, Khatu Road, insured / offending vehicle
    bearing registration no. RJ-14-UB-3410 came at fast speed and
    was driven in rash manner and hit deceased Mr. Yash Prakash
    with great force. Mr. Yash Prakash received grievous injures and
    was taken to Govt. Hospital Khatu Shayam ji.

    14.PW2 in his cross examined reiterated that the insured / offending
    vehicle had hit them from behind. He stated that from Govt.
    Hospital Khatu Shyam Ji, they were taken to SMS Jaipur
    Hospital.

    15.PW-3 Mr. Harsh Gupta from Hotel New Majestic, Ajmer,
    Rajasthan. He proved on record the following documents viz.,
    Copy of Resolution as Ex. PW-3/1; Copy of appointment letter
    od deceased Mr. Yash Prakash as Ex. PW-3/2; Copy of I.D. of
    deponent as Ex. PW-3/3; Copy of Aadhar card of deponent as
    Ex. PW-3/4; Copy of Salary slip as Ex. PW-3/5 (objected to);
    Attested copies of salary attendance sheets of deceased Mr. Yash
    Prakash as Ex. PW-3/6.

    16.In his cross examination he stated that salary was paid to
    deceased Mr. Yash Prakash by way of cash only. He stated that
    he has not brought the joining report of deceased Mr. Yash
    Prakash.

    MACT No. 221/21 Page. 8 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    17.No evidence was led by R-1/driver, R-2/registered owner and
    R-3 Insurance company.

    IV. ARGUMENTS OF COUNSELS OF THE PARTIES

    18. Ld. Counsel for the claimant submitted that they have filed the
    copy of FIR and charge sheet. He submitted that the said record
    clearly shows that the offending vehicle bearing no.
    RJ-14UB-3410 was seized during the investigation and later
    on released on Superdari. He submits that the charge sheet in
    that case
    was already filed against the driver Mr. Shankar Lal
    u/s 279/304-A IPC, which clearly establishes the rash driving on
    part of the offending vehicle.

    19.He submitted that PW-2 Aman Rai is the eye-witnesses who
    have clearly deposed regarding the rash driving on the part of
    R-1 driver and has also identified the vehicle number.

    20.It is submitted that PW-3 has proved on record the salary
    certificate which show that deceased Mr. Yash Prakash was
    earning monthly salary of Rs.42,000/- or annual gross salary of
    Rs.5,04,000/-

    21. Ld. Counsel for Insurance Company submits that date of
    accident in this case is 03.12.2019 and the FIR has been
    registered on 28.12.2019 and there is a considerable delay in
    registration of FIR. It is argued that Ex. PW-1/4 is the
    provisional certificate dated 02.07.2019. The degree of the
    deceased is dated 04.11.2019. It is submitted that as per the

    MACT No. 221/21 Page. 9 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    testimony of PW-3 Mr. Harsh Gupta, the deceased had joined
    the employment as a General Manager from 01.05.2019. It is
    argued that PW-1 in her testimony admitted that deceased was
    not having any degree in Hotel Management. He submitted that
    the appointment of deceased as a General Manager after
    completion of graduation in B.A. (Hons) without having any
    specialization in Hotel Management, and that too after a short
    span of completion of graduation crates a doubt about
    credentials of appointment of deceased.

    22.R-1 driver and R-2 registered owner failed to appear and address
    arguments.

    V. ISSUE WISE ANALYSIS & FINDINGS THERETO

    (a) Issue No.1: Whether the deceased Sh. Yash Prakash sustained
    fatal injuries in the accident which occurred on 03.12.2019 at
    about 7-7:30 PM, near Chaumupurohitan, Khatu Road, Sikar,
    Rajasthan caused by rash and negligent driving of vehicle No.
    RJ-14UB-3410 being driven by respondent no. 1, owned by
    respondent no. 2 and insured with respondent no.3?OPP

    i. Presumption qua complicity upon filing chargesheet:

    23. Rule 21 of Annexure XIII of The Central Motor Vehicles Rules,
    1989 mandates as follows:-

    21. Claims Tribunal shall treat Dar as a claim petition for
    compensation under Sub-Section (4) of Section 166 of the
    Motor Vehicles Act, 1988 (1) The Claims Tribunal shall treat
    the DAR filed by the Investigating Officer as a claim petition
    under Section (4) of Section 166 of the Motor Vehicles Act,
    1988. However, where the Investigating Officer is unable to
    produce the claimant(s) on the first date of hearing the Claims

    MACT No. 221/21 Page. 10 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    Tribunal shall register the DAR as a claim petition after the
    appearance of the claimant(s).

    (2) where the claimant(s) have filed a separate claim petition,
    the DAR may be tagged along with the claim petition.
    (3) If the Report under Section 173 of the Code of Criminal
    Procedure, 1973 (2) of 1974 has not been filed at the time of
    filing of the DAR, the Claims Tribunal may either wait till
    filing of the Report under Section 173 of the said Code of
    Criminal Procedure
    or record the statement of the eye
    witness(es) to satisfy itself with respect to the negligence
    before passing the award.

    (4) The Claims Tribunal shall register the FAR as a
    Miscellaneous application and the IAR as well as DAR shall
    be taken on record in the same Miscellaneous application.

    24. In Bajaj Allianz General Insurance Company Ltd. Vs. Meera
    Devi & Ors
    decided on 16.02.2021, 2021 LawSuit (Del) 858 it
    was held :

    8. ….. In view of Delhi Motor Accident Claim Tribunal Rules,
    2008, contents of DAR had to be presumed to be correct and
    read in evidence without formal proof of the same unless proof
    to the contrary was produced……..”.

    25.In a recent order dated 25.02.2025, passed in Ranjeet & Anr v
    Abdul Nayem Keb & Anr in SLP (c) 10351/2019, it was held in
    trenchant terms as thus:

    “It is settled in law that once a charge sheet has been filed and
    the driver has been held negligent, no further evidence is
    required to prove that the bus was being negligently driven by
    the bus driver. Even if the eyewitnesses are not examined, that
    will not be fatal to prove the death of the deceased due
    to negligence of the bus driver.”

    MACT No. 221/21                                                           Page. 11 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     ii.      The evidence on record qua negligence:
    
    

    26.Claimant has placed on record the certified copy of charge sheet
    in FIR no. 616/2019, PS Reengus District – Sikar, Rajasthan
    under Section 279/304-A IPC. Record shows that the charge
    sheet u/s 279/304-A IPC was filed in the present case against the
    driver Sh. Shankar Lal. The charge sheet records that the due to
    rash driving of the driver /(R-1) of the offending vehicle bearing
    no. RJ-14-UB-3410 accident occurred.

    27.PW-2 Mr. Aman Rai. is the eye-witness in the present case. He
    also cited as eye witness in the final report filed by the police.
    In his testimony he clearly stated that he and deceased were hit
    from behind by the offending / insured vehicle. He remained
    consistent in his cross examination.

    28.R-1 driver and R-2 registered owner have failed to lead any
    evidence to rebut the testimony of PW-2 and the conclusions
    arrived by the police in the investigation.

    29.R-3 Insurance company has taken a defence that there is a delay
    in registration of FIR. The testimony of PW-1 and 2 clearly
    records that accident occurred on 03.12.2019. Thereafter the
    deceased was taken to Govt. Hospital, Khatu Shyam Ji and then
    referred to hospital at Jaipur. The death summary made in the
    Fortis Hospital also records the fact that the accident occurred
    on 03.12.2019 near Khatu Shyam Ji when the patient was
    walking on the side of road and was hit by a four wheeler. It is

    MACT No. 221/21 Page. 12 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    argued that as the treatment was continuing and the family of
    victim could not follow up registration of the case. After the
    death of the deceased, on 15.12.2019, the family approached the
    police and got the FIR registered. From the aforesaid
    circumstances, the delay in registration of FIR stands explained
    and no mischief is found. Accordingly, the plea of the insurance
    company regarding delay in registration of FIR is rejected.

    30.From the aforesaid, it is clear that the accident had occurred due
    to rash driving of offending/insured vehicle driven by
    R-1/driver.

    iii. Adverse inference qua driver:

    31.The driver of the offending vehicle steered clear of the witness
    box and did not lead any controvertible evidence to negate or
    refute the allegations of rash and negligent driving. It may
    further be noted that in Cholamandlam insurance company Ltd.
    Vs. Kamlesh
    2009 (3) AD Delhi 310, it was held that if driver
    of offending vehicle does not enter the witness box, an adverse
    inference can be drawn against him. In the present case also,
    since the driver exercised his volition to not enter into the
    witness box to controvert the claim of petitioner or even to
    explain circumstances of accident, an adverse inference ought
    to be drawn against him.

    MACT No. 221/21                                                 Page. 13 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     iv.      Preponderance of probabilities:
    
    

    32.It is trite law that in a proceeding before the Claims Tribunal,
    the claimant does not have to establish negligence on the part of
    the driver respondent beyond reasonable doubt. The standards
    of establishing negligence is predicated on preponderance of
    probabilities. In the present case too, negligence has been
    established on this principle.

    33.In this context, it would be useful to peruse Mathew Alexander
    v. Mohd. Shafi
    , (2023) 13 SCC 510 wherein it was observed as
    thus:

    “In this context, we could refer to the judgments of
    this Court in N.K.V. Bros. (P) Ltd. v. M. Karumai
    Ammal [N.K.V. Bros
    .
    (P) Ltd. v. M. Karumai
    Ammal
    , (1980) 3 SCC 457 : 1980 SCC (Cri) 774] ,
    wherein the plea that the criminal case had ended in
    acquittal and that, therefore, the civil suit must
    follow suit, was rejected. It was observed that
    culpable rashness under Section 304-AIPC is more
    drastic than negligence under the law of torts to
    create liability.
    Similarly, in Bimla
    Devi v. Himachal RTC [Bimla Devi v. Himachal
    RTC, (2009) 13 SCC 530 : (2009) 5 SCC (Civ)
    189 : (2010) 1 SCC (Cri) 1101] (“Bimla Devi”), it
    was observed that in a claim petition filed under
    Section 166 of the Motor Vehicles Act, 1988, the
    Tribunal has to determine the amount of fair
    compensation to be granted in the event an accident
    has taken place by reason of negligence of a driver
    of a motor vehicle. A holistic view of the evidence
    has to be taken into consideration by the Tribunal
    and strict proof of an accident caused by a
    particular vehicle in a particular manner need not be
    established by the claimants. The claimants have to
    establish their case on the touchstone of
    preponderance of probabilities. The standard of

    MACT No. 221/21 Page. 14 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    proof beyond reasonable doubt cannot be applied
    while considering the petition seeking
    compensation on account of death or injury in a road
    traffic accident.
    To the same effect is the observation
    made by this Court in Dulcina
    Fernandes v. Joaquim Xavier Cruz [Dulcina
    Fernandes
    v. Joaquim Xavier Cruz, (2013) 10 SCC
    646 : (2014) 1 SCC (Civ) 73 : (2014) 1 SCC (Cri)
    13] which has referred to the aforesaid judgment
    in Bimla Devi [Bimla Devi v. Himachal RTC
    (2009) 13 SCC 530.”

    v. Finding:

    34.In view of foregoing discussion, it stands proved on the
    touchstone of preponderance of probabilities that the aforesaid
    accident took place due to rash and negligent driving of the
    transgressing/offending vehicle bearing registration no. RJ-14-

    UB-3410 and the said vehicle at that time was driven by
    respondent no. 1, owned by respondent no. 2 and insured by
    respondent no.3. Hence, issue no. 1 is decided in favour of the
    claimant and against the respondents.

    35.It is clarified that the findings given are limited for the purposes
    of this inquiry and shall not impact the trial of the criminal
    case.

    (b) Issue No.2: Whether claimant is entitled to compensation, and
    to what amount ?

    MACT No. 221/21                                                             Page. 15 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     i.       Principles qua assessment of compensation:
    
    

    36.Before adverting to the submissions of the counsels in this
    regard, it would be apposite to refer to the law of the land qua
    this aspect. The law has been enunciated by Hon’ble Supreme
    Court in Sarla Verma & Ors. v. Delhi Transport Corporation &
    Ors.
    (2003) 6SCC 121 and National Insurance Company
    Limited v. Pranay Sethi & Ors.
    (2017) 16 SCC 680.

    37.An essential ingredient of the award is the loss of dependency.
    To calculate the same, it would be of utmost significance to
    peruse the following seminal directions issued in Sarla Verma
    (supra):

    “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 dependants
    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 to the age of
    the deceased.

    If these determinants are standardised, there will be uniformity
    and consistency in the decisions. There will be 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, the Tribunals should
    determine compensation in cases of death, by the following
    well-settled steps:

    MACT No. 221/21 Page. 16 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    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.”

    38.To ascertain the ‘multiplier’ mentioned in Step 2 above, it was
    further laid down in Sarla Verma (supra) as thus:

    “42 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
    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-
    55 years, M-9 for 56 to 60 years ,M-7 for 61 to 65
    years and M- 5 for 66 to 70 years.”

    39.Further, in terms of the mandate of Rajesh Tyagi v Jaibir Singh
    FAO
    842/2003, which is the cause célèbre qua cases pertaining

    MACT No. 221/21 Page. 17 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    to motor accident claims, the claimant filed Form XIII of the
    Scheme for Motor Accident Claims qua compensation under
    various heads which have been elucidated in the paragraphs
    hereafter.

    ii. Monthly Income of the deceased:

    40.PW-1 Smt. Manju in her testimony stated that her son was
    working as General Manager with Hotel New Majestic, Ajmer,
    Rajasthan and was getting Rs.5,04,000/- as annual salary.

    41.PW-3 Mr. Harsh Gupta in his testimony proved on record the
    appointment letter, salary slip, and attendance slip of deceased.
    The appointment letter dated 01.05.2019 Ex. PW 3/2 and the
    salary slip shows that deceased Mr. Yash Prakash was earning
    Rs.42,000/- per month. Ld. Counsel for petitioner conceded that
    the remaining amount was variable incentives which can be
    excluded for the purposes of computation of income of the
    deceased.

    42.It is argued by Ld. Counsel for Insurance Company that no proof
    of payment of salary is filed on record and PW-3 in his
    testimony admitted that the salary was paid in cash to the
    deceased. Merely, because salary was paid in cash that cannot
    be a ground to discard the documents brought on record by
    PW-3 employer i.e. appointment letter, pay slips and attendance
    register. Insurance company has failed to lead any evidence to
    dent the veracity of the said documents and in the absence of

    MACT No. 221/21 Page. 18 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    any cogent evidence merely because payment of salary was in
    cash, the income of deceased @ Rs.42,000/- per month cannot
    be discarded.

    43.Insurance company has taken a defence that deceased got the
    employment soon after his graduation as General Manager in
    hotel industry without any specialization course in hotel
    industry and therefore, the employment looks shady and
    doubtful.

    44.PW-1 has placed on record the graduation degree of deceased.
    Deceased was a graduate in B.A. (Hons.) from Delhi University.
    Merely because deceased got his job soon after completion of
    his graduation, that cannot be said to a shady circumstance. In a
    country where a graduate is eligible to appear in Administrative
    Service Examination, the arguments of the Insurance company
    that the deceased was inducted as a General Manager is baseless
    and without any merits. The plea of the Insurance company is
    therefore, rejected. Thus, the monthly income of the deceased
    is quantified as Rs. 42,000/- p.m.

    iii. Future prospects:

    45.To factor into account future prospects, it would be apt to refer
    to National Insurance Co Ltd v Pranay Sethi & Ors. (2017) 16
    SCC 680 wherein it was laid down as thus:

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

    59.3 While determining the income, an addition of
    50% of actual salary to the income of the deceased

    MACT No. 221/21 Page. 19 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    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.

    59.4 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.
    59.5 For determination of the multiplicand, the
    deduction for personal and living expenses, the
    tribunals and the courts shall be guided by paras 30 to
    32 of Sarla Verma [Sarla Verma v. DTC, (2009) 6
    SCC 121 : (2009) 2 SCC (Civ) 770 : (2009) 2 SCC
    (Cri) 1002] which we have reproduced hereinbefore.

    59.6 The selection of multiplier shall be as indicated in
    the Table in Sarla Verma [Sarla Verma v. DTC,
    (2009) 6 SCC 121 read with para 42 of that judgment
    59.7 The age of the deceased should be the basis for
    applying the multiplier.

    59.8 Reasonable figures on conventional heads,
    namely, loss of estate, loss of consortium and funeral
    expenses should be Rs 15,000, Rs 40,000 and Rs
    15,000 respectively. The aforesaid amounts should be
    enhanced at the rate of 10% in every three years.”

    46.To determine the age of the deceased, the claimants had filed
    on record Aadhar Card which shows the year of birth of the
    deceased as 1996. The deceased was 23 years old on the date of
    death. As per mandate in Sarla Verma (Supra) and Pranay Sethi
    (Supra) the future prospects for a person having age less than

    MACT No. 221/21 Page. 20 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    40 years is 40% and accordingly the same is calculated as Rs.
    16,800/-.

    iv. Personal expenses of the deceased:

    47.The Expenses incurred by the deceased in himself are deducted
    while calculating the loss of dependency. To calculate the
    personal expenses, recourse can be had to the following
    instructions of Sarla Verma (supra) which were approved by the
    Constitutional Bench in Pranay Sethi(supra):

    “30.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 [(1996) 4 SCC 362] , the general
    practice is to apply standardised 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 exceeds six.

    31.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 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 dependant and the mother alone will be
    considered as a dependant. In the absence of evidence to the
    contrary, brothers and sisters will not be considered as
    dependants, because they will either be independent and
    earning, or married, or be dependent on the father.

    MACT No. 221/21 Page. 21 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    32.Thus even if the deceased is survived by parents and
    siblings, only the mother would be considered to be a
    dependant, and 50% would be treated as the personal and living
    expenses of the bachelor and 50% as the contribution to the
    family. However, where the 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.”

    48.PW-1 Smt. Manju in her testimony stated that deceased was
    unmarried and is survived by his parents only. Accordingly, in
    view of the mandate of Sarla Verma (supra) the deductions
    towards personal and living expenses is considered as 50
    percent.

    49. Thus, the net deduction in the present case is (Rs.42,000 + Rs.
    16,800/- = Rs. 58,800/- divided by 1/2 i.e. Rs. 29,400/-.

    v. Monthly & Annual Loss of dependency:

    50.The monthly loss of dependency would be Rs. 29,400/-. The
    annual loss of dependency Rs. 29,400/- X 12 = Rs. 3,52,800/-.

    vi. Total Loss of Dependency:

    51. Since the deceased was around 23 years old, the applicable
    multiplier in terms of the verdict of Sarla Verma(supra) is 18.
    The total loss of dependency is thus Rs. 3,52,800 X 18 =
    Rs.63,50,400/-.

    MACT No. 221/21                                                        Page. 22 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     vii.     Other Heads:
    
    

    52.In Sarla Verma (supra) it was also laid down that after
    calculating the ‘Loss of Dependency’, certain amounts were to
    be added under conventional heads such as loss of estate, loss of
    consortium etc. The relevant paragraphs of the judgment are
    extracted hereunder:

    “Thereafter, a conventional amount in the range of Rs 5000 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 5000 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 be added.”

    53.The amount qua the above heads were further quantified in
    Pranay Sethi(supra), which clarified as thus:

    “52. As far as the conventional heads are concerned, we find
    it difficult to agree with the view expressed
    in Rajesh [Rajesh v. Rajbir Singh, (2013) 9 SCC 54 : (2013) 4
    SCC (Civ) 179 : (2013) 3 SCC (Cri) 817 : (2014) 1 SCC (L&S)
    149] . It has granted Rs 25,000 towards funeral expenses, Rs
    1,00,000 towards loss of consortium and Rs 1,00,000 towards
    loss of care and guidance for minor children. The head relating
    to loss of care and minor children does not exist.
    Though Rajesh [Rajesh v. Rajbir Singh, (2013) 9 SCC 54 :

    (2013) 4 SCC (Civ) 179 : (2013) 3 SCC (Cri) 817 : (2014) 1
    SCC (L&S) 149] refers to Santosh Devi [Santosh
    Devi v. National Insurance Co. Ltd.
    , (2012) 6 SCC 421 :
    (2012) 3 SCC (Civ) 726 : (2012) 3 SCC (Cri) 160 : (2012) 2
    SCC (L&S) 167] , it does not seem to follow the same. The
    conventional and traditional heads, needless to say, cannot be
    determined on percentage basis because that would not be an

    MACT No. 221/21 Page. 23 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    acceptable criterion. Unlike determination of income, the said
    heads have to be quantified. Any quantification must have a
    reasonable foundation. There can be no dispute over the fact
    that price index, fall in bank interest, escalation of rates in many
    a field have to be noticed. The court cannot remain oblivious to
    the same. There has been a thumb rule in this aspect. Otherwise,
    there will be extreme difficulty in determination of the same
    and unless the thumb rule is applied, there will be immense
    variation lacking any kind of consistency as a consequence of
    which, the orders passed by the tribunals and courts are likely
    to be unguided. Therefore, we think it seemly to fix reasonable
    sums. It seems to us that reasonable figures on conventional
    heads, namely, loss of estate, loss of consortium and funeral
    expenses should be Rs 15,000, Rs 40,000 and Rs 15,000
    respectively. The principle of revisiting the said heads is an
    acceptable principle. But the revisit should not be fact-centric
    or quantum-centric. We think that it would be condign that the
    amount that we have quantified should be enhanced on
    percentage basis in every three years and the enhancement
    should be at the rate of 10% in a span of three years. We are
    disposed to hold so because that will bring in consistency in
    respect of those heads.”

    54.The above verdict was passed in the year 2017. Almost eight
    years have elapsed, and therefore the above heads would be
    enhanced at the rate of 20%.

    viii. Medical Expenses:

    55.PW-1 has proved on record the payment receipts of the money
    deposited in Fortis Hospital for treatment of deceased Mr. Yash
    Prakash. PW-1 in her cross examination admitted that though
    she had filed advance payment receipts, but the detail of the bills
    is not filed. In the absence of bill of the hospital giving breakup
    of the expenses, advance payment receipts are not sufficient to
    quantify the compensation under this head. Accordingly, due to

    MACT No. 221/21 Page. 24 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    lack of evidence, the relief under this head is declined and
    treated as NIL.

    ix. Compensation for Loss of Consortium:

    56.The concept of consortium was expounded in Magnum General
    Insurance Co Ltd v Nanu Ram
    2018 18 SCC 130 in the
    following words:

    “21.A Constitution Bench of this Court in Pranay
    Sethi [National Insurance Co. Ltd. v. Pranay Sethi
    , (2017) 16
    SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205]
    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 : [Rajesh v. Rajbir Singh,
    (2013) 9 SCC 54.

    21.1 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”. [Black’s Law Dictionary (5th Edn., 1979).]
    21.2 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.
    21.3 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. Children are
    valued for their love, affection, companionship and their role in
    the family unit.

    22 .Consortium is a special prism reflecting changing norms
    about the status and worth of actual relationships. Modern

    MACT No. 221/21 Page. 25 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    jurisdictions world-over have recognised 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.

    23. 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 [ Rajasthan
    High Court in Jagmala Ram v. Sohi Ram, 2017 SCC OnLine
    Raj 3848 : (2017) 4 RLW 3368; Uttarakhand High Court in Rita
    Rana v. Pradeep Kumar
    , 2013 SCC OnLine Utt 2435 : (2014) 3
    UC 1687; Karnataka High Court in Lakshman v. Susheela
    Chand Choudhary
    , 1996 SCC OnLine Kar 74 : (1996) 3 Kant LJ
    570] . However, there was no clarity with respect to the
    principles on which compensation could be awarded on loss of
    filial consortium.

    24. 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 [National Insurance Co. Ltd. v. Pranay Sethi
    , (2017) 16
    SCC 680 : (2018) 3 SCC (Civ) 248 : (2018) 2 SCC (Cri) 205] .
    In the present case, we deem it appropriate to award the father
    and the sister of the deceased, an amount of Rs 40,000 each for
    loss of filial consortium.”

    57.The deceased is survived by his parents only. Thus, on the basis
    of the above verdict and mandated in Pranay Sethi‘(Supra), the
    compensation for Consortium is hereby quantified as Rs 48,400
    X 2 = Rs.96,800/-.

    MACT No. 221/21                                                           Page. 26 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     x.       Compensation for Loss of Estate:
    
    

    58.On the basis of the above verdict, the compensation for loss of
    estate is hereby quantified as Rs 18,150/-

    xi. Compensation towards Funeral Expenses:

    59.On the basis of the above verdict, the compensation of funeral
    expenses is hereby quantified as Rs 18,150/-

    xii. Total Compensation:

    60. Thus, the total amount of compensation to be awarded is
    calculated as follows:-

             Sr. No.                         Head                    Amount
    
            1.            Total loss of dependency                 63,50,400/-
            2.            Medical Expenses                             NIL
            3.            Compensation         for   Loss    of      96,800/-
                          Consortium
            4.            Compensation for Loss of Estate            18,150/-
            5.            Compensation        towards   Funeral      18,150/-
                          Expenses
            6.            Total Compensation                      Rs. 64,83,500/-
    
    
    
    
    MACT No. 221/21                                                    Page. 27 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
     (c)      Issue No.3: Relief.
    
    i.       Amount of Award:
    
    

    61.Thus, the claimant is awarded as sum of Rs.64,83,500/- along
    with 9% interest per annum from the date of filing of claim
    petition. The rate of interest has been calculated in terms of the
    succeeding paragraphs.

    ii. Rate of Interest:

    62.It was contended by Ld Counsel for the respondent insurance
    company that the amount of interest ought to at @7.5%, in
    accordance with the general prevalent practice in Courts.
    However, Ld Counsel for the claimant sought 9% as the rate of
    interest.

    63.In order to adjudicate these rival claims, recourse can be had to
    Erudhaya Priya v State Transport Corporation 2020 SCC
    OnLine SC 601 wherein the aspect of rate of interest was
    categorically enunciated as thus:

    (c) The third and the last aspect is the interest
    rate claimed as 12%
    “15.In respect of the aforesaid, the appellant
    has watered down the interest rate during the
    course of hearing to 9% in view of the judicial
    pronouncements including in the Jagdish
    case (supra). On this aspect, once again, there
    was no serious dispute raised by the learned
    counsel for the respondent once the claim was
    confined to 9% in line with the interest rates
    applied by this Court”

    MACT No. 221/21 Page. 28 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    64.Ergo, the amount of compensation/award amount will be
    payable by the respondent insurance company with simple
    interest @ 9% p.a from the date of filing of the claim petition
    till actual realisation. The date of filing of petition is 29.10.2022
    therefore the amount of Interest is calculated at @ 9 % from the
    date of filing of petition i.e. Rs. 19,93,676/- for a period of 41
    months. Thus, the total amount of award is Rs. 84,77,176/-.

    65.It is also clarified that in case the interest of petitioner was
    stopped or excluded during the present inquiry proceedings,
    same is liable to be adjusted from the total interest calculated on
    the Award amount. Similarly, amount awarded and released as
    interim Award, if any, during pendency of the case, be deducted
    from the total compensation.

    VI. DEPOSIT OF AWARD& RELEASE/APPORTIONMENT

    i. Deposit of Award:

    66.In terms of the mandate of order dated 08.01.2021 in Rajesh
    Tyagi
    (supra) the respondent Insurance Company/driver/owner
    shall deposit the award amount or transfer the same by
    RTGS/NEFT/IMPS directly to the bank account of the Motor
    Accident Claims Tribunal in UCO Bank, Patiala House Courts
    within 30 days of the award. The respondent(s) held liable to
    pay compensation by the Claims Tribunal shall give notice of
    deposit of the compensation amount to the claimant(s) and shall
    file a compliance report with the Claims Tribunal with respect

    MACT No. 221/21 Page. 29 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    to the deposit of the compensation amount within 15 days of the
    deposit with the interest upto the date of notice of deposit to the
    claimant(s) with a copy to their counsel.

    APPORTIONMENT & RELEASE

    67.PW-1 Smt. Manju in her testimony stated that deceased was
    unmarried and is survived by his parents only. Accordingly, the
    award amount shall be apportioned amongst the legal heirs as
    follows:-

    Sl Name Relation % of Release of awarded amount
    share

    1. Smt. Mother 50 % Rs. 10 lakhs of the award amount out of the
    Manju 50% share of mother be released in her bank
    account immediately and remaining awarded
    amount be invested and deposited in 60
    monthly fixed deposits receipts (FDR) of
    equal amounts for a period of 60 months as per
    Motor Accident Claims Annuity Deposits
    Schemes.

    2. Mr. Om Father 50% Rs. 10 lakhs of the award amount out of the
    Prakash 50% share of father be released in his bank
    account immediately and remaining awarded
    amount be invested and deposited in 60
    monthly fixed deposits receipts (FDR) of
    equal amounts for a period of 60 months as per
    Motor Accident Claims Annuity Deposits
    Schemes.

    68. The Nodal officer of the bank shall ensure disbursement of the
    award within 3 weeks of receipt thereof by email or otherwise.

    69.The disbursement to the claimant is, however, subject to the
    addition of future interest till deposit proportionately and also

    MACT No. 221/21 Page. 30 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    deduction of proportionate tax on the interest amount or amount
    of interim award, if any, to/from his share.

    ii. Disbursement of the award amount & protection thereof:

    70.The amount of award shall be disbursed through the Motor
    Accident Claims Tribunal Annuity Deposit (MACAD) Scheme
    formulated vide order dated 01.05.2018 passed in Rajesh
    Tyagi
    (supra). 21 banks, including UCO Bank, is implementing
    the MACAD scheme.

    71.Further, to protect the award amount, the entire amount of
    compensation is not being released forthwith to the claimant,
    and part of the compensation amount has been directed to be
    kept in fixed deposits in a phased manner. Further, the following
    conditions are hereby reiterated and being imposed upon the
    concerned bank with respect to the fixed deposits:

    (a) The bank shall not permit any joint names to be added in the
    savings bank account or MACAD scheme account of
    claimant i.e. the bank account of claimant shall be individual
    account and not a joint account.

    (b) The original fixed deposits shall be retained by the UCO
    Bank, PHC, New Delhi in safe custody. However, the
    statement containing FDR numbers, amounts, dates of
    maturity and maturity amounts shall be furnished by the said
    bank to the claimant and the above amount shall be released

    MACT No. 221/21 Page. 31 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
    in account of claimant by the Manager, UCO Bank, PHC,
    ND through RTGS/NEFT/or any other electronic mode.

    (c) The monthly interest be credited by Electronic Clearing
    System (ECS) in the saving bank account of the claimant
    near the place of his residence.

    (d) The maturity amount of the FDR(s) on monthly basis net of
    TDS be credited by Electronic Clearing System (ECS) in the
    above account of the claimant.

    (e) No loan, advance or withdrawal or pre-mature discharge be
    allowed on the MACAD without permission of the Court.

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

    (g) The bank shall make an endorsement on the passbook of the
    claimant(s) to the effect that no cheque book and/or debit
    card have been issued and shall not be issued without the
    permission of the Court and claimant(s) shall produce the
    passbook with the necessary endorsement before the Court
    on the next date fixed for compliance.

    MACT No. 221/21 Page. 32 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    (h) It is clarified that the endorsement made by the bank along
    with the duly signed and stamped by the bank official on the
    passbook(s) of the claimant(s) is sufficient compliance of
    clause above.

    VII. LIABILITY

    72.R-1, R-2 and R-3 are held jointly and severally liable to pay the
    compensation amount. The Insurance Company has failed to
    prove any statutory defence. The factum of insurance on the date
    of accident is undisputed.

    73.Accordingly, insurance company is directed to pay award
    amount to the petitioner. Insurance Company is directed to
    deposit the award amount with UCO Bank, Patiala House Court
    Branch, along with interest @ 9% per annum from the date of
    filing of claim petition by RTGS/NEFT/IMPS in bank account
    being maintained in the above said bank in name of the Motor
    Accident Claims Tribunal within 30 days from today, failing
    which it is liable to pay interest at the rate of 9% per annum for
    the period of delay. In case even after lapse of 90 days from
    today, respondent no. 3 fails to deposit this compensation with
    interest, in that event, in light of judgment of the Hon’ble High
    Court of Delhi passed in the case of New India Assurance
    Company Limited Vs. Kashmiri Lal
    2007 ACJ 688 , this
    compensation shall be recovered by attaching the bank account
    of respondent no. 3 with a cost of Rs.5,000/-.

    MACT No. 221/21 Page. 33 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    74.The respondent no. 3 shall inform the petitioner and his counsel
    that the awarded amount has been deposited so as to facilitate
    him to collect the same.

    VIII. SUMMARY OF COMPUTATION OF AWARD AMOUNT
    IN CASES OF DEATH

    75.Since this is a case pertaining to death, particulars of Form-XV
    of the Scheme For Motor Accidents Claims Formulated by the
    Delhi High Court in terms of order dated 08.01.2021 in Rajesh
    Tyagi
    (supra) are as under:

    1. Date of Accident 03.12.2019

    2. Name of the deceased Sh. Yash Prakash

    3. Age of the deceased 23 years

    4. Occupation of the deceased Private job

    5. Income of the deceased Rs. 42,000/-

    6. Name, Age and relationship of legal representatives of
    the deceased:

                       S.NO        NAME                   AGE       RELATION
                           1.                Smt. Manju   55           Mother
                           2.          Sh. Om Prakash     61           Father
    
    
    
    
    MACT No. 221/21                                                     Page. 34 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
                          COMPUTATION OF COMPENSATION
    S.No.            Heads                                   Awarded by the
                                                             Claims Tribunal
    
    7.               Income of the deceased (A)                Rs. 42,000/-
    
    8.               Add: Future Prospects (B)                  Rs.16,500/-
    
    9.               Less: Personal expenses of the            Rs. 29,400/-
                     deceased (C)
    
    10.              Monthly loss of dependency                Rs. 29,400/-
                     [(A+B)- C = D]
    
    11.              Annual Loss of dependency (D x           Rs. 3,52,800/-
                     12)
    
    12.              Multiplier (E)                                18
    
    13.              Total loss of dependency (D x 12        Rs. 63,50,400/-
                     x E = F)
    
    14.              Medical Expenses (G)                          NIL
    
    15.              Compensation for loss of                  Rs 96,800/-
                     consortium (H) (48,400 X 5)
    
    16.              Compensation for loss of love &       NA- in terms of New
                     affection (I)                         India Assurance Co v
                                                             Somwati (2020) 9
                                                                 SCC 644
    17.              Compensation for loss of estate (J)       Rs 18,150/-
    
    18.              Compensation towards funeral              Rs 18,150/-
    
    
    
    MACT No. 221/21                                                  Page. 35 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
                      expenses (K)
    
    19.              TOTAL COMPENSATION (F +               Rs.64,83,500/-
                     G + H + I + J + K = L)
    
    20.              Rate of Interest Awarded                   @9%
    
    21.              Interest amount up to the date of     Rs. 19,93,676/-
                     award (M) (41 months)
    
    
    22.              Total amount including interest (L    Rs. 84,77,176/-
                     + M)
    
    23.              Award amount released                As per para no.67
    
    24.              Award kept in FDRs                   As per para no. 67
    
    25.              Mode of disbursement of the           Through Bank
                     award to the claimant(s)
    
    26.              Next date for compliance of the         25.05.2026
                     award
    
    
    
    

    IX. COMPLIANCE QUA PROVISIONS OF THE SCHEME

    76.The particulars of Form XVII of the Scheme For Motor
    Accidents Claims Formulated by the Delhi High Court, in terms
    of order dated 08.01.2021 in Rajesh Tyagi (supra) are as
    hereunder:

    MACT No. 221/21                                                Page. 36 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
         1.       Date of the accident                               03.12.2019
        2.       Date of filing of Form I- First          Not filed as accident took place
                 Accident Report (FAR)                   out of Delhi and claim petition is
                                                                filed by legal heirs.
        3.       Date of delivery of Form-II to the               Same as above.
                 victim(s)
        4.       Date of receipt of Form-III from the             Same as above.
                 Driver
        5.       Date of receipt of Form-IV from the              Same as above
                 owner
        6.       Date of filing of the Form-V-                    Same as above
                 Interim Accident Report (IAR)
        7.       Date of receipt of Form-VIA and                  Same as above
                 Form VIB from the Victim (s)
    
        8.       Date of filing of Form-VII-Detailed              Same as above
                Accident Report (DAR)
        9.       Whether there was any delay or                   DAR not filed.
                 deficiency on the part of the
                 Investigating Officer? If so, whether
                 any action/direction warranted?
       10.       Date of appointment of the                         Not given
                 Designated Officer by the Insurance
                 Company.
       11.       Whether the Designated Officer of                        No
                 the Insurance Company submitted
                 his report within 30 days of the
                 DAR?
       12.       Whether there was any delay or                           No
                 deficiencies on the part of the
                 Designated Officer of the Insurance
                 Company? If so, whether any
                 action/direction warranted?
    
    
    
    MACT No. 221/21                                                  Page. 37 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors
        13.       Date     of   response    of  the       Matter was contested by the
                 petitioner(s) of the offer of the          Insurance Company.
                 Insurance Company.
       14.      Date of the Award                               22.04.2026.
       15.       Whether the petitioner(s) were                       Yes
                 directed to open savings bank
                 account(s) near their place of
                 residence?
       16.       Date of order by which petitioner(s)            29.10.2022
                 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 petitioner (s)
                 and make an endorsement to this
                 effect on the passbook(s).
    

    17. Date on which the petitioner(s) Not furnished. Directions issued.

    produced 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 As mentioned above
    the petitioner(s)

    19. Whether the petitioner(s) savings
    bank account(s) is near his place of
    residence?

    20. Whether the petitioner(s) were Yes.

    examined at the time of passing of
    the award to ascertain his/their
    financial condition?

    MACT No. 221/21 Page. 38 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors

    77.Further, in terms of the directions given vide order dated 08.01.2021 in
    Rajesh Tyagi (supra), the Ahlmad shall send a certified copy of this award
    to the concerned Criminal Court and to the Delhi State Legal Services
    Authority through e-mail. Copy of the award be also sent to the bank
    concerned. The Nazir is directed to maintain the record in Form XVIII as
    per the directions given in the above case.

    78.File be consigned to record room after completion of necessary
    formalities. Separate file be prepared for compliance report and be put up
    on 25.05.2026. Digitally
    signed by
    Abhilash
    Abhilash Malhotra
    Malhotra Date:

    2026.04.21
    Announced in the open court 14:14:10
    +0530
    on 22.04.2026
    (Dr. Abhilash Malhotra)
    Judge/PO, MACT-02,
    New Delhi/22.04.2026(s)

    DLND010092742022

    MACT No. 221/21 Page. 39 of 39
    Smt. Manju & Anr. Vs Shankar Lal & Ors



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here