Order 6

Order Details: COPY OF ORDER
Pdf Text: DAR 130/23
MAYA DEVI Vs. ABATED
23.10.2024
Present : Claimant no. 1 Maya Devi in person.
Sh. Rohit, Ld. Proxy Counsel for claimants.
IO / SI Hema Ram in person.
Heard. Record perused.
At request of the IO, be awaited for 12:30 PM.
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/23.10.2024 (R)
At 1:10 PM
Present : Claimant no. 1 Maya Devi in person.
IO / SI Hema Ram in person.
The IO has submitted that the abated charge sheet against the
deceased accused Madan Kumar has already been accepted by Ld.
MM-08, PHC, New Delhi on 15.03.2024. Certified copy of the said Order
is on record. The Ahlmad is directed to place it at its appropriate place in
the file.
Copy of DAR has been supplied to the parties/Ld. Counsel
present in Court today. Reply/Legal offer be filed by the respondents
within 30 days with an advance copy to opposite party.
Contd….
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In terms of provisions contained in Clause 31 of the
Modified Claim Tribunal Agreed Procedure, as amended vide order dated
07.12.2018 of the Hon'ble Delhi High Court in the case of
Rajesh Tyagi &
Ors. Vs. Jaibir Singh & Ors., FAO No. 842/2003, the petitioners/ claimant
is directed to open his/her MACT Claims SB Accounts in any of the
nationalized banks near the place of his/her residence (s) and Manager of
the concerned bank (s) is directed not to issue any cheque books and/or
debit cards to the claimant and if the same have already been issued, to
cancel the same and to make an endorsement on the passbooks of the
claimant that no cheque book and/or debit card shall be issued without the
permission of the court. However, the concerned bank (s) shall permit the
claimant to withdraw money from his/her respective savings bank account
by means of a withdrawal form or through biometric authentication.
A copy of this order be given dasti to the claimant and he/she
is directed to produce his/her passbooks with necessary endorsements, as
all well as his/her Aadhar Cards and PAN Cards before this Tribunal.
In
Bajaj Allianz General Insurance Company Private Ltd. Vs.
Union of India & Ors, Writ Petition No. 534/2020, IA No. 132263/2020
decided on 16.03.2021, the Hon'ble Supreme Court of India has passed
the following directions and the same is reproduced for the ease of
reference:
Contd….
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“(v) The aspect of disparity in the Source (TDS) certificate
in Tax Deduction Motor Accident at Claims, wherein from
10% to 20% dependent on whether the claimants have a Pan
Card or not can be redressed by a direction that the Legal
Services Authority or any Agency/Mediation Group should
assist the claimant for obtaining a Pan Card, where the
claimant does not have one, in order to avoid 20% deduction
of tax at source. The format of the applications for
compensation and motor accidents claims is being modified by
inserting the relevant column just after the requirement to set
out whether the is income tax assessee or not and whether the
claimant has a Pan Card or not and or not and in case has a Pan
Card to provide the Pan No. and in case the application is so
pending, to provide the application/Reference No. The formats
of the applications across the country be suitably amended to
facilitate this process.”
Therefore, providing PAN Card details before the passing of
award is mandatory and as directed by the Hon'ble Supreme Court of
India, assistance of DLSA can always be obtained by the party, if it so
desires.
Issue notice to R-2 through the IO for the NDOH.
Re-notify on 16.12.2024
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/23.10.2024 (R)
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