Delhi District Court
Jasleen Kaur (I) (Fir 558/2023/Sarai … vs Deep Narayan (Oriental Insurance, Co. … on 16 April, 2025
DLCT010001492024
Presented on : 04-01-2024
Registered on : 04-01-2024
Decided on : 16-04-2025
Duration : 01 Year 03 Months
IN THE TRIBUNAL OF PRESIDING OFFICER-MACT-02,
CENTRAL, TIS HAZARI COURTS, DELHI
PRESIDED OVER BY DR. PANKAJ SHARMA
IN THE MATTER OF LEAD CASE/ MACT No. 18/24 ( For
Grant of Compensation in respect of the injuries sustained by
the injured Jasleen Kaur):
JASLEEN KAUR
W/o Sh. Inderjeet Singh
R/o H. No. B-75, Subhadra Colony,
Near Shastri Nagar Metro Station,
Sarai Rohilla, Delhi. .......Petitioner
VERSUS
1. DEEP NARAYAN
S/o Sh. Ram Kumar
R/o H.No. F-149/B, Near Nepali Mandir,
Baljeet Nagar, Patel Nagar,
Delhi.
Permanent Address:-
Pandari Ballabh, Vishanpur,
Bairiya Gonda, UP. (Driver)
2. DUSHYANT KUMAR
S/o Sh. Bijender Pal Singh
R/o H.No. A/147, Milan Garden,
Sabha Pur, Karawal Nagar,
Delhi. (Owner).
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 1/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:30:56 +0530
3. ORIENTAL INSURANCE CO. LTD. (Insurer).
(Through Ld. Counsel Ms. Manisha Singh)
......Respondents
AND
DLCT010001482024
Presented on : 04-01-2024
Registered on : 04-01-2024
Decided on : 16-04-2025
Duration : 01 Year 03 Months
IN THE MATTER OF CASE / MACT No. 17/24 (For Grant
of Compensation in respect of the injuries sustained by the
injured Jivraj Singh):
JIVRAJ SINGH @ JIVRAJ SINGH CHHATWAL
S/o Sh. Inderjeet Singh
R/o H. No. B-75, Subhadra Colony,
Near Shastri Nagar Metro Station,
Sarai Rohilla,
Delhi. …….PetitionerVERSUS
1. DEEP NARAYAN
S/o Sh. Ram Kumar
R/o H.No. F-149/B, Near Nepali Mandir,
Baljeet Nagar, Patel Nagar,
Delhi.
Permanent Address:
Pandari Ballabh, Vishanpur,
Bairiya Gonda, UP. (Driver).
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 2/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:01 +0530
2. DUSHYANT KUMAR
S/o Sh. Bijender Pal Singh
R/o H.No. A/147, Milan Garden,
Sabha Pur, Karawal Nagar,
Delhi. (Owner).
3. ORIENTAL INSURANCE CO. LTD. (Insurer).
(Through Ld. Counsel Ms. Manisha Singh)
……Respondents.
The particulars as per Form-XVII, Central Motor Vehicles
(fifth Amendment) Rules, 2022 (Pl. see Rule 150A) are as
under:-
1. Date of the accident 24/07/23
2. Date of filing of Form-I – First Accident Report N.A.
(FAR)
3. Date of delivery of Form-II to the victim(s) N.A.
4. Date of receipt of Form-III from the Driver N.A.
5. Date of receipt of Form-IV from the Owner N.A.
6. Date of filing of the Form-V-Interim Accident N.A.
Report (IAR)
7. Date of receipt of Form-VIA and Form-VIB N.A.
from the Victim(s)
8. Date of filing of Form-VII – Detailed Accident 04/01/24
Report (DAR)
9. Whether there was any delay or deficiency on N.A.
the part of the Investigating Officer? If so,
whether any action/ direction warranted?
10. Date of appointment of the Designated Officer N.A.
by the Insurance Company
11. Whether the Designated Officer of the Insurance N.A.
Company submitted his report within 30 days of
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:31:05 +0530
the DAR?
12. Whether there was any delay or deficiency on N.A.
the part of the Designated officer of the
Insurance Company? If so, whether any action/
direction warranted?
13. Date of response of the petitioner(s) to the offer N.A.
of the Insurance Company.
14. Date of the award 16/04/25
15. Whether the petitioner (s) was/were directed to Yes
open savings bank account(s) near their place of
residence?
16. Date of order by which claimant(s) was/were 04/01/24
directed to open savings bank account(s) near his
place of residence and produce PAN Card and
Adhaar Card and the direction to the bank not
issue any cheque book/debit card to the
claimant(s) and make an endorsement to this
effect on the passbook.
17. Date on which the claimant(s) produced the N.A.
passbook of their savings bank account near the
place of their residence along with the
endorsement, PAN Card and Adhaar Card?
18. Permanent Residential Address of the IN MACT No.
Claimant(s). 18/24 & 17/14H. No. B-75,
Subhadra Colony,
Near Shastri
Nagar Metro
Station,Sarai
Rohilla, Delhi
19. Whether the claimant(s) savings bank account(s) N.A.
is near his place of residence?
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:31:08 +0530
20. Whether the claimant(s) was/were examined at N.A.
the time of passing of the award to ascertain
his/their financial condition?
COMMON AWARD/JUDGMENT
FACTUAL POSITION & PLAINT/ PETITION
1. These two separate DARs were filed on 04/01/2024
Both these DARs are arising out of a road traffic accident which
took place on 24/07/2023 at about 08.10 A.M. at a spot near
Vaishno Mata Mandir, 56 Bigha Prak, Shastri Nagar, Delhi. As
per the petitioner in MACT No. 18/24 Ms. Jasleen Kaur W/o Sh.
Inderjeet Singh (hereinafter referred to as “injured”) at the
relevant date, time and place she alongwith her son Master Jivraj
Singh @ Jivraj Singh Chhatwal S/o Sh. Inderjeet Singh
(hereinafter referred to as “injured”) who is petitioner in the
connected case bearing MACT No. 17/24 was sitting on the
Scooty of her husband bearing registration no. DL-5SCM-4511
as a pillion rider alongwith her son Jivraj Singh and they were
going to Ashok Vihar, Delhi from their house Subhadra Colony,
Delhi to drop their children to school and when they reached at
the spot of accident at near Vaishno Mata Mandir 56 Bigha Park,
Shastri Nagar, Sarai Rohilla, Delhi and in the meantime a Water
Tanker bearing registration no. DL-1LAG-8550 (hereinafter
referred to as “offending vehicle”) came from the back side in
rash and negligent manner and with high speed and hit their
Scooty from back side. It is further stated that due to this accident
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:31:11 +0530
they fell down on the road and sustained grievous injuries. It is
further stated that the driver of the offending vehicle Deep
Narayan stopped the vehicle at the spot of accident and he came
to her and seeing her condition he ran away from the spot of
accident and they were taken to NKS Hospital Gulabi Bagh,
Delhi by her husband in battery rickshaw and later on he was
arrested by the police. An FIR No. 558/2023 PS Sarai Rohilla,
Delhi was registered U/s 279/338 IPC by the police wherein it is
stated that the accident took place on account of rashness and
negligence of the driver of the offending vehicle. R-1 is the
driver of the offending vehicle. R-2 is the owner of the offending
vehicle.DAR was treated as a claim petition. R-1 & R-2 were
directed to file their Written Statements.
1.1 As per petition filed by the injured Jasleen Kaur at
the relevant time she sustained grievous injuries I.e Fracture Both
Bone ( Distan 1/3rd ) left leg with Grade 2 and after discharge
from NKS Hospital, Delhi she was shifted to BLK Max Super
Specialty Hospital, Delhi. Injured further claims that she has
incurred spent more than Rs. 2,00,000/- on her medical
treatment & investigation, Rs. 35,000/- on conveyance, Rs.
35,000/- on special diet and Rs. 35,000/- on attendant charges.
She further claims that at the relevant time she was 31 years old
and was working as a Private Tutor and was earning Rs.25,000/-
per month. She seeks compensation to the tune of for the injuries
sustained by her in the accident.
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:31:15 +0530
1.2 As per DAR, another injured Jivraj Singh @ Jivraj
Singh Chhatwal sustained simple injuries in the aforementioned
motor vehicular accident.
WRITTEN STATEMENT IN BOTH THE CASES
2. No written statement was filed by the respondents and
accordingly right of respondents to file written statement was
closed vide order dated 15/10/2024 passed by this Tribunal.
CONSOLIDATED ISSUES IN BOTH THE CASES
3. Vide order dated 15/10/2024 the following
consolidated issues were framed by this Tribunal :-
1. Whether the petitioners Jivarj
Singh and Jasleen Kaur suffered
injuries in an accident that took
place on 24.07.2023 at about
08.10 AM. involving vehicle
bearing registration
DL-1LAG-8550 driven by
Respondent No. 1 rashly and
negligently, owned by the
Respondent No.2 & insured with
Respondent No.3?OPP
2. Whether the petitioner is entitled
for compensation? If so, to what
amount and from whom?
3. Relief.
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:18 +0530
COMMON EVIDENCE IN BOTH THE CASES
4. The petitioner in the lead case bearing MACT No.
18/24 examined herself as PW-1 in support of her claim. The
petitioner filed affidavit Ex. PW-1/A wherein she described the
occurrence of incident in line with the facts mentioned in Para 1 of
this award. She deposed that he sustained grievous injuries at the
relevant time. He further deposed that at the relevant time, she was
31 years old and was working as a private tutor and earning
Rs.25,000/- and due to injuries he has not been able to do his
work till date due to the said accident and she has sustained perma
nent locomotor disability to the extent of 20% with respect to her
left lower limb. She further deposed that has spent more
than Rs. 2,00,000/- on her medical treatment & investigation, Rs.
35,000/- on conveyance, Rs. 35,000/- on special diet and Rs.
35,000/- on attendant charges. Petitioner has relied upon the
following documents viz:-
“Ex PW-1/1 (Colly) is discharge card of BLK
Max Super Specialilty Hospital, Delhi;
Ex.PW-1/2 (Colly) is treatment records;
Ex.PW-1/3 (Colly) is original medical bills to
the tune of Rs. 50,327/-;
Ex.PW-1/4 (OSR) is photocopy of certificate
of Graduation of PW-1;
Ex.PW-1/5 (OSR) is photocopy of Aadhar
Card of PW-1;
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:31:21 +0530
Ex.PW-1/6 (OSR) is photocopy of PAN Card
of PW-1;
Ex.PW-1/7 (OSR) is certified copy of
disability certificate of PW-1;
Ex.PW-1/8 (OSR) is photocopy of Aadhar
Card of son of PW-1 namely Jiv Raj Singh;
Mark A is photocopy of emergency card of
NKS Hospital;
Ex. PW-1/9 (Colly) is photographs of PW-1;
Ex. PW-1/B (Colly) is Detail Accident Report
(DAR).”
4.1 She was cross-examined by Ld. Counsel for R-3/
Insurance Company. In her cross-examination, she deposed that
she has not enclosed any proof about her monthly income. She
denied that the accident took place due to the rash and negligent
driving by her husband.
4.2 PE was then closed.
5. Both the above matters were consolidated at the
stage of recording of respondent’s evidence vide order dated
15/10/2024 and the matter f or Grant of Compensation in
respect of the injuries sustained by injured Jasleen Kaur
i.e. MACT No. 18/24 was treated as a lead case.
6. Respondents did not lead any evidence in their
defence.
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:31:25 +0530
FINDINGS
7. Oral submissions were advanced by Ld. Counsel for
parties in both the cases.
8. I have perused the record and my issue wise findings
are as under:-
ISSUE NO. 1 IN BOTH THE CASES
”Whether the petitioners Jivarj
Singh and Jasleen Kaur suffered
injuries in an accident that took
place on 24.07.2023 at about
08.10 AM. involving vehicle
bearing registration
DL-1LAG-8550 driven by
Respondent No. 1 rashly and
negligently, owned by the
Respondent No.2 & insured with
Respondent No.3?OPP”
9. At the very outset, it may be noted that the
procedure followed for proceedings conducted by an accident
tribunal is similar to that followed by a civil court and in civil
matters the facts are required to be established by preponderance
of probabilities only and not by strict rules of evidence or beyond
reasonable doubts, as are required in a criminal prosecution. The
burden of proof in a civil case is never as heavy as in a criminal
case, but in a claim petition under the M.V. Act, this burden is
infact even lesser than that in a civil case. Reference in this
regard can be made to the prepositions of law laid down by the
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:31:29 +0530
Hon’ble Supreme Court in the case of Bimla Devi and others Vs.
Himachal Road Transport Corporation and others, reported in
(2009) 13 SC 530, which were reiterated in the subsequent
judgment in the case of Parmeshwari Vs. Amir Chand and others
2011 (1) SCR 1096(Civil Appeal No.1082 of 2011) and also
recently in another case Mangla Ram Vs. Oriental Insurance Co.
Ltd. & Ors., 2018 Law Suit (SC) 303 etc.
10. In order to prove the present issue, the petitioner in
the lead case bearing MACT No. 18/24 Jasleen Kaur examined
herself as PW-1. PW-1 has clearly and categorically deposed
that at the relevant date, time and place, she was sitting on the
Scooty of her husband bearing registration no. DL-5SCM-4511
as a pillion rider alongwith her son Jivraj Singh and they were
going to Ashok Vihar, Delhi from their house Subhadra Colony,
Delhi to drop their children to school and when they reached at
the spot of accident at near Vaishno Mata Mandir 56 Bigha Park,
Shastri Nagar, Sarai Rohilla, Delhi and in the meantime a Water
Tanker bearing registration no. DL-1LAG-8550 (hereinafter
referred to as “offending vehicle”) came from the back side in
rash and negligent manner and with high speed and hit their
Scooty from back side. It is further stated that due to this accident
they fell down on the road and sustained grievous injuries. It is
further stated that the driver of the offending vehicle Deep
Narayan stopped the vehicle at the spot of accident and he came
to her and seeing her condition he ran away from the spot of
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:37 +0530
accident and they were taken to NKS Hospital Gulabi Bagh,
Delhi by her husband in battery rickshaw and later on he was
arrested by the police. PW-1 seems to have withstood the test of
cross examination. There is no material on record, which
suggests any falsity or untruth in the oral testimonies of PW-1 as
to the facts and circumstances surrounding the occurrence of the
accident. PW-1 withstood the test of cross examination and did
not betray any signs of falsity or untruth. He declined the
suggestions imputing the occurrence of accident to their own
negligence.
11. The very fact that R-1 has already been charge-
sheeted for the offences punishable under Sections 279/337 IPC
in the above criminal case/FIR in itself is a strong circumstance
to support the above oral testimony of injured persons on these
issues. The certified copies of FIR, Chargeshee MLC,
Mechanical Inspection Report and Site Plan also corroborate the
oral testimonies of both the injured persons.
12. Besides the above, R-1 himself was the best witness
who could have stepped into the witness box to challenge the
deposition being made by injured persons regarding the above
accident and its manner etc., but he has not done so. Therefore,
an adverse inference on this aspect is also required to be drawn
against the respondents in view of the law laid down in case of
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:31:41 +0530
Cholamandalam M.S. General Insurance Company Ltd. Vs.
Kamlesh, reported in 2009 (3) AD (Delhi) 310.
13. In view of the above, it could be safely assumed that
at the relevant time the motorcycle, which the deceased were
riding was hit in the rear by the offending vehicle.
14. Having ruled so, this Tribunal now proceeds to
assess the wrongful act, neglect or default of R-1, if any, in
driving the offending vehicle at the relevant time. Admittedly,
R-1 has not explained the circumstances under which his vehicle
(i.e. the offending vehicle) hit the injured persons at the
relevant time. In the absence of any averment or evidence
regarding any mechanical defect in the offending vehicle or any
material depicting any negligent/sudden act or omission on the
part of the petitioner, the only inference possible in the given
facts and circumstances is that of neglect and default on the part
of R-1 in driving the offending vehicle at the relevant time. In
view of the above discussion, this Tribunal is constrained to
hold R-1 guilty of gross negligence and default in driving the
offending vehicle at the relevant time.
15. In view of the medical records placed on the
judicial files by the respective petitioners, no dispute is left
regarding the nature of injuries sustained by the injured persons
in the above accident.
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:45 +0530
16. In view of the above discussion, this Tribunal holds
that the injured persons suffered grievous injuries on account
of neglect and default of R-1 while driving the offending vehicle
at the relevant time. Both these issues are thus decided against
the respondents and in favour of the petitioners in both the
cases.
ISSUE NO. 2 (IN BOTH THE CASES)
17. As this Tribunal has already held that R1 was
responsible for the grievous injuries sustained by the injured
persons, therefore, the petitioners in both the cases are entitled
to be compensated justly. Computation of the compensation
shall be decided separately for all the sets of petitioners in the
following paragraphs :-
COMPENSATION IN CASE/ MACT No. 18/24 (For Grant of
Compensation in respect of the injuries sustained by injured
Jasleen Kaur):
18. In terms of provisions contained in Section 168 of
the MV Act the compensation which is to be awarded by this
tribunal is required to be ‘just’. In the injury cases a claimant is
entitled to two different kinds of compensations i.e. pecuniary as
well as non-pecuniary damages. The pecuniary damages or
special damages are those damages which are awarded and
designed to make good the losses which are capable of being
calculated in terms of money and the object of awarding these
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PANKAJ Digitally signed by
PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:49 +0530
damages is to indemnify the claimant for the expenses which he
had already incurred or is likely to incur in respect of the injuries
suffered by him in the accident. The non-pecuniary or general
damages are those damages which are incapable of being
assessed by arithmetical calculations. The pecuniary or special
damages generally include the expenses incurred by the claimant
towards his treatment, special diet, conveyance, cost of nursing/
attendant, loss of income/earning capacity etc. and the non-
pecuniary damages generally include the compensation for the
mental or physical shock, pain and sufferings, loss of amenities
of life, marriage prospects and disfiguration etc. The above
categories falling under both the heads of compensation are not
exhaustive in nature but only illustrative. It is also necessary to
state here that no amount of money or compensation can put the
injured/claimant exactly in the same position or place where he
was before the accident and an effort is to be made only to
reasonably compensate him or to put him almost in the same
place or position where he could have been if the alleged
accident had not taken place and this compensation is to be
assessed in a fair, reasonable and equitable manner. The object of
compensating him is also not to reward him or to make him rich
in an unjust manner. It is also well settled that the ‘just’
compensation to be awarded to the claimant has to be calculated
objectively and it may involve some guess work in calculating
the different amounts which the claimant may be entitled under
the different heads of compensation. Reference in this regard can
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:31:53 +0530
be made on some of important judgments on the subject like the
judgment in the case of R.D. Hattangadi Vs. Pest Control (India)
Pvt. Ltd., AIR 1995 SC 755, Arvind Kumar Mishra Vs. New
India Assurance Company Limited, (2010) 10 SCC 254 and Raj
Kumar Vs. Ajay Kumar & Anr., (2011) 1 SCC 343.
19. In light of the above legal propositions, the amount
of compensation which can be considered to be ‘just’ in the
opinion of this tribunal shall be as under:-
(i) Medical or Treatment Expenses
20. The petitioner Jasleen Kaur has placed on judicial
file his medical papers and medical bills, which are Ex.PW-1/1
(Colly, Ex. PW-1/2 and Ex. PW-1/3 (Colly). As per the medical
bills Ex.PW-1/3 (Colly), the petitioner has incurred expenses to
the tune of Rs.50,327/-. In the absence of any contest to the said
documents (placed on record by the petitioner), the petitioner is
held entitled to an amount of Rs.50,327/- under this head.
(ii) Pain and Suffering
21. As per medical documents, the petitioner has
suffered grievous injuries and also sustained 20% permanent
physical impairment in relation to his left lower limb. As per
disability certificate no. 2017 issued by Aruna Asaf Ali Govt
hospital Delhi, petitioner is a case of FUC of # Both Bone Lt
Leg and was found to have sustained 20% permanent physical
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:31:57 +0530
impairment in relation to left lower limb. The aforementioned
certificate was issued in terms of the directions of this Tribunal
vide order dated 03/06/2024. Accordingly, the aforementioned
disability certificate could be read in evidence in terms of the
observations made by the Hon’ble Supreme Court of India in
Bajaj Allianz General Insurance Company Ltd. Vs Union of India
in Writ Petition (s) (Civil ) No (s). 534/2020 date of order
16/11/2021. It is not possible to quantify the compensation
admissible to petitioner for the shock, pain and sufferings etc.
which he actually suffered because of the above injuries, but as
stated above, an effort has to be made to compensate her for the
same in a just and reasonable manner. Hence, keeping in view the
extent and nature of the injuries suffered by petitioner and
duration of the treatment taken by her etc., an amount of
Rs.50,000/- is being awarded to her towards pain and sufferings
during the said period of her treatment and immobility. Thus, she
is awarded a total amount of Rs. 50,000/- under this head.
(iii) Loss of actual earnings
22. In her affidavit Ex. PW1/A, the petitioner claims
that she was working as a private tutor and was earning
Rs.25,000/- per month from that vocation. The discharge
summaries placed on record by petitioner reflect that the
petitioner sustained a grievous injuries which resulted into 20%
permanent physical impairment with respect to her left lower
limb. The above documents are sufficient to uphold the claim
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MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:32:06 +0530
of the petitioner to the effect that he was unable to resume his
work since the date of accident. In view of the nature of the
injuries sustained by the petitioner, it could be safely assumed
that the petitioner has become unfit for work for rest of his life
after the accident and he could not have worked for about 06
months due to the injuries. As per relevant notification, the
minimum wages admissible to a Graduate Person as on
24/07/2023 in Delhi the earnings was Rs.22,744/-. As such, the
petitioner is held entitled to a sum of Rs.1,36,464/- (Rs.22,744/-
X 6). The said sum is awarded to the petitioner under this head.
(iv) Loss of future earnings due to disability
23. Petitioner claimed in her affidavit Ex. PW-1/A that
she has become permanently disabled after the accident and
could not perform her work by resuming her duties. As per
disability certificate, the petitioner has suffered 20% permanent
physical impairment with respect to left lower limb which is non
progressive and not likely to improve in future. As per the facts,
the petitioner was a tutor by profession and she has to go to
different locations for teaching students, therefore, disability on
the lower limb would be an impeadment in her day to day
activities as such leading to functional disability. Although, an
exact assessment cannot be made but considering the facts and
circumstances, the permanent physical impairment in respect to
left lower limb which is non progressive and not likely to
improve in future, therefore, the functional disability of
petitioner is taken as 20%. This Tribunal has already assumed
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 18/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:32:16 +0530
the monthly income of petitioner to be Rs.22,744/- at the
relevant time. As far as the age of petitioner at the time of
accident is concerned, we may look into the photocopies of
petitioner’s Aadhar Card which is Ex.PW-1/5, as per the said
document, the date of birth of petitioner is 20/11/1991. Going by
the same, the age of petitioner as on the date of accident i.e.
24/07/2023 was around 31 years. Therefore, in view of the law
laid down by the Hon’ble Supreme Court in case of Sarla Verma
& Ors. Vs. Delhi Transport Corporation & Anr.,(2009) 6 SCC
121, which has also been upheld by the Constitution Bench of
the Hon’ble Supreme Court in a recent judgment dated
31.10.2017 given in the case of National Insurance Company
Ltd. vs. Pranay Sethi & Ors. SLP (Civil) No. 25590 of 2014, the
multiplier of ’16’ is held applicable for calculating the loss of
future earnings of petitioner arising out of his above disability.
Thus, the loss of future earnings of petitioner due to his above
injury and permanent locomotor disability comes to
Rs.12,22,717/- (rounded off) (Rs.22,744/- X 140/100 X
20/100 X 12 X 16) and the same is awarded to him as
compensation under this head.
(v) Conveyance, Attendant Charges and Special Diet
24. In view of the nature of injuries sustained by the
petitioner, the extent of permanent physical disability and the
extended period of medical treatment, the petitioner is granted a
sum of Rs. 35,000/- each under these heads.
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 19/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:32:21 +0530
(vi) Loss of amenities of life and disfigurement
25. In view of the nature of injuries sustained by the
petitioner, the extent of permanent physical disability and the
extended period of medical treatment, the petitioner is granted a
sum of Rs. 35,000/- each under these heads.
COMPENSATION IN CASE/ MACT No. 17/24 (For Grant of
Compensation in respect of the injuries sustained by injured
Jivraj Singh @ Jivraj Singh Chhatwal):
26. The injured Jivraj Singh @ Jivraj Singh Chhatwal
has not filed any medical bills. Hence, nothing is awarded to the
petitioner Jivraj Singh @ Jivraj Singh Chhatwal under this head.
(ii) Pain and Suffering
27. As per MLC, the petitioner Jivarj Singh @ Jivraj
Singh Chhatwal has suffered simple injuries. It is not possible to
quantify the compensation admissible to petitioner for the shock,
pain and sufferings etc. which he actually suffered because of the
above injuries, but as stated above, an effort has to be made to
compensate him for the same in a just and reasonable manner.
Hence, keeping in view the extent and nature of the injuries
suffered by petitioner and duration of the treatment taken by him
etc., an amount of Rs.25,000/- is being awarded to him towards
pain and sufferings during the said period of his treatment and
immobility. Thus, he is awarded a total amount of Rs. 25,000/-
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 20/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:32:25 +0530
under this head.
(iii) Loss of enjoyment of life, play and childhood
28. The injured Jivraj Singh @ Jivraj Singh Chhatwal
was 04 years of age and as such a sum of Rs.5,000/- is awarded
to the petitioner Jivraj Singh @ Jivraj Singh Chhatwal under this
head.
(v) Conveyance, Attendant Charges, Amenities of life and
Special Diet
29. In view of the nature of injuries sustained by the
petitioner and the extended period of medical treatment, the
petitioner is granted a sum of Rs. 5,000/- each under these heads.
ISSUE NO.3 / RELIEF
30. The injured (IN CASE/ MACT No. 18/24 (For
Grant of Compensation in respect of the injuries sustained by
the injured Jasleen Kaur ) is thus awarded a sum of
Rs. 16,34,508/- (Rupees Sixteen Lakhs Thirty Four Thousand
Five Hundred and Eight Only ) (Rs.50,327/- + Rs.50,000/- +
Rs.1,36,464/- + Rs.12,22,717/- + Rs. 35,000/- + Rs. 35,000/- +
Rs. 35,000/- + Rs. 35,000/- + Rs. 35,000/-) with interest @
9% per annum from the date of filing of DAR i.e.04/01/2024.
Since no interim compensation has been awarded, therefore no
deduction is applicable.
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 21/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:32:30 +0530
31. The injured (IN CASE/ MACT No. 17/24 (For
Grant of Compensation in respect of the injuries sustained by
the injured Jivraj Singh @ Jivraj Singh Chhatwal) is thus
awarded a sum of Rs.50,000 /- (Rupees Fifty Thousand Only)
(Rs. 25,000/- + Rs.5,000/ + Rs. 5,000/- + Rs. 5,000/- Rs. 5,000/-
+ Rs. 5,000/-) with interest @ 9% per annum from the date of
filing of DAR i.e. 04/01/2024. Since no interim compensation
has been awarded, therefore no deduction is applicable.
RELEASE IN CASE/ MACT No. 18/24 (For Grant of
Compensation in respect of the injuries sustained by injured
Jasleen Kaur):
32. Petitioner Jasleen Kaur did not bother to appear
before this Tribunal for recording her statement regarding
financial needs and requirements.
32.1 Out of the awarded amount, Petitioner Jasleen Kaur
is awarded a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs
Only) and the said amount is directed to be kept with State Bank
of India, Branch Tis Hazari Courts, New Delhi in MACAD in
the form of 80 monthly fixed deposit receipts (FDRs) payable in
equal amounts for a period of 1 to 80 months in succession, as
per the scheme formulated by Central Motor Vehicles (fifth
Amendment) Rules, 2022 [(Directions at serial no. 35, 36 of
Procedure for Investigation of Motor Vehicle Accidents (under
Rule 150A)]. The amount of FDRs on maturity would be
released in her savings/MACT Claims SB Account as and when
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 22/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:32:35 +0530
she furnishes the details of his bank account which is near the
place of his residence to the Bank Manager, State Bank of India,
Tis Hazari Courts, New Delhi under intimation to the Civil
Nazir of this Tribunal. The remaining amount of Rs.2,18,390/-
(Rupees Two Lakhs Eighteen Thousand Three Hundred and
Ninety Only) is also directed to be released into her above said
account, which can be withdrawn and utilized by the Petitioner-
Jasleen Kaur.
RELEASE IN CASE/ MACT No. 17/24 (For Grant of
Compensation in respect of the injuries sustained by injured
Jivraj Singh @ Jivraj Singh Chhatwal):
33. Petitioner Jivraj Singh @ Jivraj Singh Chhatwal did
not bother to appear before this Tribunal for recording his
statement regarding financial needs and requirements.
33.1 The Petitioner Jivraj Singh @ Jivraj Singh Chhatwal
is awarded a sum of Rs.55,625/- ( Rupees Fifty Five Thousand
Six Hundred and Twenty Five Only). The entire awarded
amount be released in his savings/MACT Claims SB Account as
and when he furnishes the details of his bank account which is
near the place of his residence to the Bank Manager, State Bank
of India, Tis Hazari Courts, New Delhi under intimation to the
Civil Nazir of this Tribunal which can be withdrawn and utilized
by the Petitioner-Jivraj Singh.
34. The Bank(s) shall not permit any joint name(s) to be
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 23/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:32:40 +0530
added in the savings bank account or fixed deposit accounts of
the petitioner(s) i.e. the savings bank account(s) of the
petitioner(s) shall be an individual savings bank account(s) and
not a joint account(s). The original fixed deposit shall be
retained by the SBI, Branch Tis Hazari Courts, Delhi in safe
custody. However, the statement containing FDR number, FDR
amount, date of maturity and maturity amount shall be furnished
by the bank to the petitioner(s). The maturity amounts of the
FDR(s) be credit by Electronic Clearing System (ECS) in the
savings bank account of the petitioner(s) near the place of their
residence. No loan, advance, withdrawal or pre-mature
discharge be allowed on the fixed deposits without permission
of this Tribunal.
LIABILITY
35. As already stated above, R-1 being the driver and
principal tortfeasor and R-2 being owner of the offending
vehicle, and also being vicariously liable for the acts of R-1, are
jointly and severally liable to pay the awarded amount of
compensation to petitioner. However, since the offending vehicle
was insured with R-3 at the time of accident, therefore, R-3/
Insurance Company is liable to indemnify R-2 in respect
of above liability. As such R-3 is directed to deposit the above
award amount within 30 days from the date of this Award by
way of NEFT or RTGS mode in the account of this Tribunal
maintained with SBI, Tis Hazari Courts, Delhi (account holder’s
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 24/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:32:44 +0530
name-Motor Accident Claims Tribunal 02 Central, A/C No.
40743576901, IFSC Code SBIN0000726) under intimation to
the petitioners and this Tribunal in terms of the format for
remittance of compensation as provided in Divisional Manager
Vs. Rajesh, 2016 SCC Online Mad. 1913 (and reiterated by
Hon’ble Supreme Court in the orders dated 16.03.2021 and
16.11.2021 titled as Bajaj Allianz General Insurance Co. Pvt.
Ltd. Vs. Union of India & Ors) along with interest @ 9% per
annum till the deposit of the compensation as awarded, failing
which it shall be liable to pay interest at the rate of 12% per
annum for the period of delay.
36. 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)]. Further Nazir is directed to maintain the record in
Form XVIII in view of Central Motor Vehicles (fifth
Amendment) Rules, 2022 [(Directions at serial no. 41 of
Procedure for Investigation of Motor Vehicle Accidents (under
Rule 150A).
37. Ahlmad is directed to e-mail an authenticated copy
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 25/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs DeepDigitally
Narayan & Ors.
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:32:48
+0530
of the award to the insurer as directed by the Hon’ble Supreme
Court of India in WP (Civil) No. 524/2020 titled as Bajaj
Allianz General Insurance Co. Pvt. Ltd. Vs. Union of India &
Ors. on 16.03.2021. Ahlmad shall also e-mail an authenticated
copy of the award to Branch Manager, SBI, Tis Hazari Courts
for information.
38. 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.
A separate file be prepared for compliance report and put
Digitally
signed by
up the same on 16.05.2025. PANKAJ
PANKAJ
SHARMA
SHARMA Date:
2025.04.16
13:32:56
+0530
Announced in the open court (DR. PANKAJ SHARMA)
on this 16.04.2025 PO MACT-02 (CENTRAL)
DELHIMACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 26/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:32:59 +0530
FORM – XVI, Central Motor Vehicles (fifth Amendment) Rules,
2022 (Pl. see Rule 150A)
SUMMARY OF THE COMPUTATION OF AWARD
AMOUNT IN INJURY CASE
1. Date of accident : 24/07/23
2. Name of the injured : Jasleen Kaur
3. Age of the injured : 31 years
4. Occupation of the injured : Tutor
5. Income of the injured : As per minimum
wages of a Graduate
person Prevailing in
Delhi at the
relevant time
6. Nature of injury : Grievous
7. Medical treatment taken
by injured : Different Hospital
8. Period of Hospitalization : Different Periods
9. Whether any permanent
disability ? If yes, give details : YES
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 27/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:33:02 +0530
10. Computation of Compensation
S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(I) Expenditure on treatment Rs.50,237/-
(ii) Expenditure on conveyance Rs.35,000/-
(iii) Expenditure on special diet Rs. 35,000/-
(iv) Cost of nursing/attendant Rs. 35,000/-
(v) Cost of artificial limb NIL
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 28/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:33:05 +0530
(vi) Loss of earning capacity NIL
(vii) Loss of Income Rs.1,36,464/-
(viii) Any other loss which may NIL
require any special
treatment or aid to the
injured for the rest of his
life
12. Non-Pecuniary Loss:
(i) Compensation for mental NIL
and physical shock
(ii) Pain and suffering Rs.50,000/-
(iii) Loss of amenities of life Rs.35,000/-
(iv) Disfiguration Rs.35,000/-
(v) Loss of marriage prospects NIL
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 29/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally
signed by
PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:33:09
+0530
(vi) Loss of earning, N.A.
inconvenience, hardships,
disappointment, frustration,
mental stress, dejectment
and unhappiness in future
life etc.
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability 20% w.r.t. left lower limb
assessed and nature of
disability as permanent or
temporary
(ii) Loss of amenities or loss of N.A
expectation of life span on
account of disability20%
(iii) Percentage of loss of
earning capacity in relation
to disability
(iv) Loss of future income – Rs.1,76,400/-
(Income x % Earning
Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.16,34,508/-
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 30/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:33:13 +0530
15. INTEREST AWARDED 9% per annum
16. Interest amount up to the Rs. 1,83,882/-
date of award
17. Total amount including Rs.18,18,390/-
interest
18. Award amount released Rs.2,18,390/-
19. Award amount kept in As per award
FDRs
20. Mode of disbursement of Mentioned in the award
the award amount to the
claimant(s).
21. Next date for compliance of 16/05/2025
the award.
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 31/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
Date:
SHARMA 2025.04.16
13:33:16
+0530
FORM – XVI, Central Motor Vehicles (fifth Amendment)
Rules, 2022 (Pl. see Rule 150A)SUMMARY OF THE COMPUTATION OF AWARD
AMOUNT IN INJURY CASE
1. Date of accident : 24/07/23
2. Name of the injured : Jivraj Singh @ Jivraj
Singh Chhatwal
3. Age of the injured : 04 Years
4. Occupation of the injured : NA
5. Income of the injured : NA
6. Nature of injury : Simple
7. Medical treatment taken
by injured : Different Hospital
8. Period of Hospitalization : NA
9. Whether any permanent
disability ? If yes, give details : No
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 32/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
PANKAJ by PANKAJ
SHARMA
SHARMA Date: 2025.04.16
13:33:21 +0530
10. Computation of Compensation
S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(I) Expenditure on treatment NIL
(ii) Expenditure on conveyance Rs.5,000/-
(iii) Expenditure on special diet Rs. 5,000/-
(iv) Cost of nursing/attendant Rs. 5,000/-
(v) Cost of artificial limb NIL
(vi) Loss of earning capacity NIL
(vii) Loss of Income NIL
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 33/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
PANKAJ Digitally signed by
PANKAJ SHARMA
SHARMA 13:33:26 +0530
Date: 2025.04.16
(viii) Any other loss which may Rs.5,000/- (loss of enjoyment
require any special of life, play and childhood)
treatment or aid to the
injured for the rest of his
life
12. Non-Pecuniary Loss:
(i) Compensation for mental NIL
and physical shock
(ii) Pain and suffering Rs. 25,000/-
(iii) Loss of amenities of life Rs.5,000/-
(iv) Disfiguration NIL
(v) Loss of marriage prospects NIL
(vi) Loss of earning, N.A.
inconvenience, hardships,
disappointment, frustration,
mental stress, dejectment
and unhappiness in future
life etc.
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 34/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:33:31 +0530
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability NIL
assessed and nature of
disability as permanent or
temporary
(ii) Loss of amenities or loss of N.A
expectation of life span on
account of disability
NIL
(iii) Percentage of loss of
earning capacity in relation
to disability
(iv) Loss of future income - NIL
(Income x % Earning
Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.50,000/-
15. INTEREST AWARDED 9% per annum
16. Interest amount up to the Rs.5,625/-
date of award
MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 35/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
SHARMA Date:
2025.04.16
13:33:35 +0530
17. Total amount including Rs.55,625/-
interest
18. Award amount released Entire
19. Award amount kept in As per award
FDRs
20. Mode of disbursement of Mentioned in the award
the award amount to the
claimant(s).
21. Next date for compliance of 16.05.2025
the award.
CONCLUSION:-
1. As per award dated 16.04.2025.
2. A separate file is ordered to be prepared by the Nazir with
directions to put up the same on 16.05.2025. Digitally signed by
PANKAJ PANKAJ SHARMA
SHARMA Date: 2025.04.16
13:33:40 +0530(DR. PANKAJ SHARMA)
PO MACT-02 (CENTRAL)
DELHI/16.04.2025MACT No. 18/24 Jasleen Kaur Vs Deep Narayan & Ors. Page No. 36/36
MACT No. 17/24 Jivraj Singh @ Jivraj Singh Chhatwal Vs Deep Narayan & Ors.
Digitally signed
by PANKAJ
PANKAJ SHARMA
Date:
SHARMA 2025.04.16
13:33:43
+0530
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