Order 1

Order Details: COPY OF ORDER
Pdf Text: M.A.C.T No.
Santhya Devi & Ors. Vs. Tejendra Kumar & Ors.
15.04.2024
Fresh claim petition has been received. It be checked and
registered as per rules.
Present : Sh. Manish Jha, Ld. Counsel for petitioners by VC.
Submission heard during which on enquiry, Ld. Counsel
submits that jurisdiction of this tribunal has been made on the basis of
address of respondent No. 3/Insurance Company.
Heard and perused the record.
On filing of certified copies of documents of criminal case
record along with PF/RC/courier, let notice be issued to the respondents
by all the prescribed modes, including notice through the Ld. District
Judge / Senior Civil Judge concerned for the next date of hearing.
Process be taken dasti, if desired.
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, all the claimant(s) is/are
directed to open MACT Claims SB Accounts in any of the nationalized
banks near the place of his/her/their residence(s) and Manager of the
concerned bank is directed not to issue any cheque book and/or debit card
Contd….
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to the claimant(s) and if the same has/have already been issued, to cancel
the same and to make an endorsement on the passbook of the claimant(s)
that no cheque book and/or debit card shall be issued without the
permission of the Court. However, the concerned bank shall permit the
claimant (s) to withdraw money from his/her/their savings bank account
(s) by means of a withdrawal form.
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:
“(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
Contd….
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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.
A copy of this order be also given dasti to the claimant(s) and
he/she/they is/are directed to produce the passbook with necessary
endorsement, as well as his/her/their Aadhar card and PAN card before
this tribunal on the next date.
Re-notify on 07.01.2025.
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/15.04.2024(R)
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