Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Misc DJ No. 2938/24
Parkash Chand Sharma Vs. Roop Singh & Ors.
02.07.2024
Detailed Accident Report (DAR) has been filed. It has
been checked and registered as a miscellaneous application in terms of
Rule 21 of the Central Motor Vehicles Rules, 1989.
Present : Claimant/injured in person.
R-1/driver in person.
Sh. Manish Singh, AR on behalf of R-2/owner in person.
Sh. Vivek Chandra Jaiswal, Ld. Counsel for
R3/Insurance Company.
IO/WSI Jyoti in person.
Memo of appearance has been filed on behalf of
R3/Insurance Company. Same is taken on record.
Copy of DAR has been supplied to the parties/counsels
present in the Court today. Written statement/reply/legal offer be filed
on behalf of respondents within 30 days from today with advance
copy to the opposite side.
Insurance company is directed to submit Form XI along
with copy of report of Surveyor/Investigator within 30 days of receipt
of DAR in terms of judgment of Rajesh Tyagi & Ors Vs. Jaibir Singh
& Ors, (FAO 842/2003) and Rule 26 of Central Motor Vehicle Rules,
1989.
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
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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:
“(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
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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.
At this stage, it is jointly submitted that there are chances
of amicable settlement between the parties.
At joint request, put up for pre-Lok Adalat sitting on
10.09.2024.
(Vrinda Kumari)
Judge / PO, MACT,
New Delhi/02.07.2024 (J)
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