Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: MACP No.
Irfan & Ors. Vs. Akram & Ors.
15.05.2024
Fresh claim petition has been filed. It be checked and
registered.
Present : Ms. Megha Chadha, Ld. Counsel for petitioners through
VC.
Heard. Record perused.
Nodal Officer of Insurance Company at Ghaziabad has
been made as respondent no. 4 in the present matter. Since the
Insurance Company with Branch Office at Tolstoy Marg, New Delhi
has already been made as respondent no. 3, respondent no. 4 is not a
necessary party. Let respondent no. 4 be deleted from the array of
parties.
Ld. Counsel for petitioners submits that she shall file
amended memo of parties within 15 days from today. Let the same
be filed within 15 days from today.
Let notice be issued to the IO to report about the status of
DAR.
On filing of certified copies of criminal case record along
with PF/RC/AD/Authorized Courier, let notice be issued to the
respondents by all the prescribed modes for the next date of hearing.
Ordinary process of R-1 and R-2 be served through Ld. District
Judge/Ld. CJM concerned.
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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, 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 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.
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.
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%
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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 he 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.
Put up for further proceedings on 03.02.2025.
Short date is not possible as there is pendency of more
than 3000 cases, out of which 500 cases are old matters, which
shall be taken up on priority.
(Vrinda Kumari)
Judge / PO, MACT,
New Delhi/15.05.2024 (J)
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