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115/14
16/04/2015
Present:-
01/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
whether petitioners are residing at the given address or not for the next
date of hearing.
Issue summons to the respondents on filing of PF/RC.
Respondent no. 1 & 2 may also be got served through concerned DJ with
request letter.
Put up for service report of respondents on 09/07/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
whether petitioner is residing at the given address or not for the next date
of hearing.
Issue summons to the respondents on filing of PF/RC.
Respondent no. 1 & 2 may also be got served through concerned DJ with
request letter.
Put up for service report of respondents on 09/07/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
on
25/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
DAR No.18/14
16/04/2015
Present:-
against the IO. Accident is dated 02/10/2013. Copy of charge sheet has not
been filed alongwith DAR. Today, also IO not present.
Issue fresh NBWs against the IO for 02/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
2
It is wrong to suggest that I am deposing falsely or respondents are falsely
implicated in the present case. It is wrong to suggest that I do not know
the contents of my affidavit or that same has been prepared by my counsel
without my intimation.
RO & AC
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
2
was prepared by my counsel. I was near the footpath when the accident
occurred. We had not crossed the road. At that time there was not much
rush of traffic when the accident occurred. People from surrounding area
gathered after the accident. I remained at the spot for around 20 minutes
after the accident. Thereafter, persons from my family came at the spot and
took me to the hospital. Public persons took my grand child to the hospital
in a three wheeler. Police reached at the spot in my presence. I do not
know the number of the offending vehicle as I am illiterate. It is wrong to
suggest that I had not told the facts of the case to my counsel before
drafting the affidavit. It is wrong to suggest that I was not present at the
spot and therefore, I had not suffered any injury. It is wrong to suggest
that I have falsely implicated the respondents in the present case.
RO & AC
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
record.
2
my daughter Kavita 9 years back. My son worked in DLF for around 1 year.
My son was handing over me the entire salary for expenses of my family. My
son was tax payee and I have filed the documents. I have already filed the
document whatever I have. It is wrong to suggest that my son was not working
as mentioned in para 4 of my affidavit and further it is wrong to suggest that he
was not earning the amount as alleged in my affidavit. My son was highly
educated. It is wrong to suggest that I was not dependent on my son Ankur as
my husband is alive and is working. It is wrong to suggest that I am deposing
falsely for the purpose of getting compensation.
RO & AC
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
2
deceased Ankur was my nephew. It is wrong to suggest that I have not
seen the accident. It is wrong to suggest that I am deposing falsely.
RO & AC
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
filed. Copy supplied. Ld. Counsel for Insurance Co. submits that RC be
issued but it would not be appropriate to issue RC without disposal of the
application u/o 9 rule 13 r/w section 151 CPC. Also application u/o 9 rule
13 r/w section 151 CPC cannot be disposed off without perusal of the file
which is in the Hon'ble High Court of Delhi. Matter is pending before the
Hon'ble High Court of Delhi for 14/10/2015.
Put up for further proceedings on 28/10/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
filed. Copy supplied. Ld. Counsel for Insurance Co. submits that RC be
issued but it would not be appropriate to issue RC without disposal of the
application u/o 9 rule 13 r/w section 151 CPC. Also application u/o 9 rule
13 r/w section 151 CPC cannot be disposed off without perusal of the file
which is in the Hon'ble High Court of Delhi. Matter is pending before the
Hon'ble High Court of Delhi for 14/10/2015.
Put up for further proceedings on 28/10/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
stands closed.
Put up for final arguments on 21/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
30/04/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
Ex No. 24/2013
16/04/2015
Present:-
None.
Report on the recovery certificate not received.
Issue fresh recovery certificate against the JD for 14/07/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
05/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
IO not present.
Put up on 05/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
Injured in person.
Driver in person.
Owner not present.
Copy of DAR supplied to injured and driver.
Issue notice to owner and insurance co. through IO for
25/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
25/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
25/05/2015.
(KIRAN BANSAL)
PO-MACT(NE)/16.04.2015
MACT No.320/11
16/04/2015
Present:-
DD No. 24A
DAR no. 44/15
Fakruddin Vs. Rahul
PS Sonia Vihar
Date : 16.04.2015
Present:
Present:
person.
Sh. Karambir/respondent no. 2 in person.
Today respondent no. 2 has paid Rs. 50000/- cash to the injured.
Put up for balance amount i.e Rs. 35000/- on 29.04.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
Present:
Present:
Sh. Upender Kumar , ld. counsel for insurance company alongwith Ms. Palvi
Thakral, AO.
None for other respondents.
Witness namely Sh. Ranjeet Singh, MLO Mathura , UP in person but
unexamined as witness has not brought the complete record. Witness namely Sh.
Ranjeet Singh is bound down on the next date of hearing.
Put up for respondent's evidence on 30.04.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
PW 1: Statement of Smt. Banu, W/o Late Rijaul, Permanent Address of Para Nootan
Helder Para Bhagirathpur, PS Domkal, Distt. Mursidabad, West Bengal at present at
C/o Chand Begum, 201/32-D, Ground Floor, Ram Chander Gali, East Maujpur, Delhi.
ON SA
I tender my affidavit by way of evidence and the same is Ex. PW 1/A which
bears my signatures at point A & B. I also rely upon the documents i.e
1. Certified copy of final report alongwith all the related documents is Ex. PW 1/1.
(Colly 60 sheets)
2. Photocopy of Bank Passbook of UCO Bank of the petitioner Ex. PW 1 / 2.
Present:
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
Present:
P W1: Statement of Ruksana, W/o Adil Ahmad, R/o 1083, Gali no. 22, B-Block,
Shriram Colony, Rajiv Nagar, Delhi 94.
ON SA
I tender my affidavit by way of evidence and the same is Ex. PW 1/A which
bears my signatures at point A & B. I also rely upon the documents i.e
1. certified /attested copy of criminal case record Ex. PW 1/1. (Colly 54 sheets)
2. Original medical bills of the deponent Ex. PW 1 / 2. (Colly 2 sheets)
3. Original discharge summary/prescription of the deponent Ex. PW 1/ 3 be read
as Mark A as witness has not brought the original.
4. Copy of voter card of the deponent Ex. PW 1/ 4 (OSR)
5. Copy of medical bill is Mark B.
xxxxx by Sh. Jai Bhagwan, ld. counsel for respondents no. 1 & 2.
I had told the facts of the case to my counsel before filing of the present case as
well as before drafting of my affidavit. I had told the facts to the police before
registration of FIR. It is wrong to suggest that FIR was not registered on my statement.
I was standing near the footpath when the accident occurred. It is wrong to suggest that
I was crossing the road when the accident occurred. It is wrong to suggest that accused
had occurred due to my fault as I was crossing the road without any zebra crossing. It
is wrong to suggest that motorcycle bearing no. DL 2C AA 5500 had hit me. It is
wrong to suggest that I have filed a wrong claim petition against the bus, driver and
owner. It is wrong to suggest that false FIR was registered against the respondents.
xxxx by Sh. Vinod Kaul, ld. counsel for respondent no. 3.
I have filed whatever medical bills I had on record. I do not have any further
medical bills regarding the treatment and the miscellaneous expenditure regarding
conveyance, diet etc. . I do not have any receipts to show that I had paid the amount to
the attendant @ Rs. 4000/- per month. It is wrong to suggest that I had not engaged
any attendant.
income. I do not have any document to show that I have suffered any disability. It is
wrong to suggest that I have submitted falsely of having suffered financially or
physically as a result of the accident. It is wrong to suggest that I have filed false
medical bills and treatment record which has not relation with the present accident and
injuries. It is wrong to suggest that I am deposing falsely.
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
Sh. K. Raj, ld. counsel for respondents no. 1 alognwith respondent no. 1 in
person.
Sh. Vinod Kaul, ld. counsel for insurance company.
Witness Sh. Bhupender Singh, LDC, Transport Department , Burari, Delhi, but
he has not brought the record. He is bound down on the next date of hearing. Diet
money of Rs. 400/- paid.
Put up for respondent's evidence on 29.05.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
person. .
Cheque received in pursuance of Interim Award dated 09.02.2015.
Cheque bearing no. 104734 dated 18.02.2015 drawn on HDFC Bank for an
amount of Rs. 28,582 /- to be handed over to applicant Deepak Mishra against proper
receipt.
Application stands disposed off.
Put up on date fixed i.e on 21.08.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Kaushal Khanna.
Cheque received in pursuance of Award dated 16.03.2015.
Cheque bearing no. 500641 dated 07.04.2015 drawn on HSBC for an amount
of Rs. 20,000/- to be handed over to petitioner namely Kamini Kaushal.
Cheque bearing no. 500644 dated 08.04.2015 drawn on HSBC for an amount
of Rs. 12,965/- to be handed over to petitioner namely Kamini Kaushal.
File be consigned to record room.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
Statement of Ms. Som Bati , W/o Late Sh. Raj Pal, R/o H. No. C-20, Gali no. 1,
Sadbhawna School, Shanti Nagar, Shiv Vihar, Delhi.
ON SA
I am the petitioner in the present claim petition and making this statement
voluntarily. I want to withdraw the present claim petition and same be allowed.
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
R3W1: Statement of Sh. Sunil Kr. Verma, A.O. The New India Assurance Co. Ltd.
Office at 12/1, Jeevan Raksha Building, Asaf Ali Road, New Delhi.
ON SA
I have brought the attested true copy of the insurance policy for the vehicle no.
UP -16-D-2829 which was issued in the name of M/s Konark Roadways for the period
of 08.12.2009 to 07.12.2010 of the policy bearing no. 32030131090100203355. The
policy is Ex. R3W1/1. The company through the counsel has sent the notices U/o 12
Rule 8 CPC to the driver and owner to produce the documents as mentioned in the
notice. The owenr and driver neither produce the same in the court concerned or nor to
the company. The legal notices are Ex. R3W1/2 and postal receipts Ex. R3W1/3 and
Legal notice Ex. R3W1/4 and postal receipt Ex. R3W1/5 to the Tufani Yadav. The
registration certificate of the vehicle no. UP 16D which is already on the record is Ex.
R3W1/6. If there is any violation of the terms, conditions and limitations of the policy
the company is not liable to indemnify to insured. The DL verification report is
received directly in the Hon'ble court and the same is Ex. R3W1/7 and the cover is Ex.
R3W1/8.
Xxxxx by Sh. Bijay Kumar, ld. counsel for petitioner.
It is wrong to suggest that the insurance company is
16.04.2015
Present:
Sh. Ashok Kr. Goel, Ld. counsel for respondents no. 1 & 2.
Ms. Shalini Upadhaya, ld. counsel for respondent no. 3.
R3W1 Sh. Sunil Kr. Verma is present, examined, cross examined and
discharged.
Ld. counsel for respondent no. 3 reports closure of evidence. Heard. Statement
of ld. counsel for respondent no. 3 recorded separately. In view of the statement of ld.
counsel for respondent no. 3, RE closed.
Put up for final arguments on 21.05.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Present:
Sachin in
person.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Heard.
SHO concerned is directed to verify the address of petitioner whether he is
residing at the given address or not.
Issue summons to the respondents on filing of PF/RC. Respondent no. 1 may
also be got served through concerned DJ with request letter.
Put up for service report of respondents on 13.07.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Heard.
SHO concerned is directed to verify the address of petitioner whether he is
residing at the given address or not.
Issue summons to the respondents on filing of PF/RC. Respondent no. 1 may
also be got served through concerned DJ with request letter.
Put up for service report of respondents on 13.07.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Petitioner submits that she wants to withdraw the present claim petition and
same be allowed.
Heard. Statement of petitioner recorded separately. In view of the statement of
petitioner, present claim petition is dismissed as withdrawn.
File be consigned to record room. Date already fixed i.e 06.05.2015 stands
cancelled. Copy of the order be given dasti.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
None.
As the matter stands settled in daily lok adalat, claim petition be disposed off in
terms of settlement arrived in Daily Lok Adalat on 15.04.2015. Present file be
consigned to record room.
Ahlmad is directed to create misc. file for compliance.
Put up for compliance on 15.05.2015.
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Statement of Sh. Ram Sunder Dubey, S/o Sh. Inder Pal Dubey, R/o C-134, Gali no. 6,
West Karawal Nagar, Delhi.
On SA
I am the injured in the present case. I have no knowledge about the registration
number of the offending vehicle , therefore I have no objection, if the DAR proceeding
is closed as well as untrace report is accepted.
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015
Statement of Jayeda , W/o Sh. Kamar Alam, R/o Block -C, Gali no. 9, North Ghonda,
Delhi.
On SA
I am the injured in the present case. I have no knowledge about the registration
number of the offending vehicle , therefore I have no objection, if the DAR proceeding
is closed as well as untrace report is accepted.
RO &AC
(KIRAN BANSAL)
PO-MACT(NE)
16.04.2015