List New2.ASP

MACT No. 115/14

16/04/2015

Present:- Sh. Mehtab Ali, Father of deceased.

IO Gopi Chand in person.

IO seeks some more time to file the DAR.

Put up for filing of DAR as last and final opportunity on

01/05/2015.

(KIRAN BANSAL) PO-MACT(NE)/16.04.2015

MACT No. 09/15

16/04/2015

Present:- Ld. Counsel for the petitioner.

Verification report received. As per the verification report,

petitioner is residing at the given address.

Issue summons to the respondents on filing of PF/RC.

Respondent no. 2 may also be got served through concerned DJ with

request letter.

Put up for service report of respondents on 08/07/2015.


MACT No. 16/15

16/04/2015


Ld. Counsel for the respondents with respondent no. 1

Vakalatnama filed on behalf of respondent no. 1 and 2. Be

taken on record. More time sought to file the reply / WS.

Put up for WS of respondents on 18/05/2015.


MACT No. 49/15

16/04/2015

Present claim petition be checked and registered.


Let verification report be called from SHO concerned as to

whether petitioners are residing at the given address or not for the next

date of hearing.


Respondent no. 1 & 2 may also be got served through concerned DJ with

request letter.



MACT No. 50/15

16/04/2015

Present claim petition be checked and registered.


Let verification report be called from SHO concerned as to

whether petitioner is residing at the given address or not for the next date

of hearing.


Respondent no. 1 & 2 may also be got served through concerned DJ with

request letter.



DAR No. 133/12

16/04/2015

Present:- Sh. Bijay Kumar, Ld. Counsel for the petitioner.

Sh. Pushkar Walia, Ld. Counsel for respondent no. 1 and 2.

Sh. Kunwar Mohd. Rafi, Ld. Counsel for Insurance Co.

Put up for PE on 05/10/2015.


DAR No. 139/13

16/04/2015

Present:- None for injured.

None for respondents.

Inspector Yogendra Khokhar in person.

He seeks time to comply with rule 6 of MACT rules and get

the vehicle auctioned as per law.

Put up for further report of SHO P.S Khajuri Khas on

25/05/2015.


DAR No.18/14

16/04/2015

Present:- Injured alongwith ld. Counsel.

An application has been moved for cancellation of NBWs

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.


DAR No. 61/15

16/04/2015

Present:- Injured alongwith ld. Counsel Sh. Indra Bhushan.

Sh. Priyanshu Sharma, Ld. Counsel for respondent no. 1 & 2.

Sh. Vankatesh Kumar Jha, proxy counsel for Ms. Shalini

Upadhyay, Ld. Counsel for Insurance Co.

IO not present.

Vakalatnama filed on behalf of Injured. Be taken on record.

IO be called to report as to what action he has taken against the injured as

he was indulged in drunken driving.

Put up on 14/05/2015.


MACT No. 480/11

16/04/2015

Present:- Sh. B.K. Kashyap, Ld. Counsel for the petitioner.

None for respondent no. 1 and 2.

Sh. Vankatesh Kumar Jha, proxy counsel for Ms. Shalini

Upadhyay, Ld. Counsel for Insurance Co.

More time sought to lead PE.



MACT No. 55/13

16/04/2015

PW1 Sh. Salim S/o Nasibuddin R/o E-1258/10, Gali No. 9, E Block, Shri

Ram Colony, Delhi 94 (recalled for cross-examination after 15/10/2014)

On SA

XXXXX by Sh. Pankaj Tomar and Gulshan Antal, ld. Counsel for

respondent no. 1

It is correct that I was not present when the accident had taken

place. I have received the phone call from some public person. I have

reached at the spot after 15-20 minutes. I have not saved the mobile

number from which I have received the information regarding the accident.

I have not informed the IO of the case regarding the phone number from

which I have received information. It is correct being father of the

deceased I was sited as a witness in the present case. No public witness

was interrogated by the IO of the case. It is wrong to suggest that I have

not visited the spot where the accident had taken place. The deceased was

accompanying his grandfather (dadaji). My father is aged about 60 years.

It is wrong to suggest that deceased was roaming freely on the road and

was not in the control of his grandfather. It is wrong to suggest that I have

neither received any phone call nor visited the spot. It is wrong to suggest

that accident had occurred due to negligence on the part of respondent no.

1 but the accident had taken place due to the negligence on the part of the

deceased.

XXXX by Sh. N.K. Rathi, Ld. Counsel for respondent no. 2

I am 8th class passed. I am having three children at present. I am not

an eye witness to the accident. I know the contents of my affidavit. It is

correct that no person from our family became doctor or engineer till now.

2It 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


MACT No. 55/13

16/04/2015

PW2 Sh. Rojuddin S/o Late Sh. Kareemulla R/o H.No. 225, E Block, Gali

No. 2, Shri Ram Colony Rajiv Vihar, Delhi (recalled for cross-examination

after 15/10/2014)

On SA

XXXXX by Sh. Pankaj Tomar and Gulshan Antal, ld. Counsel for

respondent no. 1

I am aged about 58-60 years. The place of accident is about KM

from my house. The accident had taken place at about 3:30 to 3:45 PM. I

do not know the direction from which we were crossing the road. My

grandchild was with me at the time of accident and after seeing the

accident I got busy in taking care of my grandchild. I do not know who

had informed my son Salim about the accident. It is correct that there was

no red light near the spot of accident. The deceased was aged around 10

years on the date of accident. I had not noted down the number of the

offending vehicle as I am illiterate. It is wrong to suggest that the accident

did not occur with the vehicle of respondent no. 1 and 2. It is further

wrong to suggest that my grandchild was running on the road at the time of

accident and therefore, the accident occurred. Vol. We were near the

footpath when the accident occurred and when the motorcycle hit my

grandchild, the child was thrown in the air and fell around at a distance of

8 feet. It is correct that I did not suffer any injury. It is wrong to suggest

that I did not suffer any injury as I was not accompanying the child. It is

wrong to suggest that I am deposing falsely.

XXXX by Sh. N.K. Rathi, Ld. Counsel for respondent no. 2

I am illiterate. I do not remember the exact date when my affidavit

2was 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


MACT No. 08/15

16/04/2015

Present:- Sh. P.K. Sisodia, Ld. Counsel for the petitioner.

Sh. Amit Tomar, Ld. Counsel for Insurance Co.

Vakalatnama filed on behalf of Insurance Co . Be taken on

record. Respondent no. 1 not served.

Dasti summons be given and respondent no. 1 be served

afresh on filing of PF/RC for 08/07/2015


MACT No. 55/13

16/04/2015

Present:- Sh. Upender Singh, Ld. Counsel for the petitioner.

Sh. Pankaj Tomar and Gulshan Antal, ld. Counsel for

respondent no. 1

Sh. N.K. Rathi, Ld. Counsel for respondent no. 2.

Sh. Rajneesh Kumar, Ld. Counsel for Insurance Co.

Vakalatnama filed on behalf of respondent no. 1. Be taken on

record. PW1 Sh. Salim and PW2 Sh. Rojuddin cross-examined and

discharged. PE stands closed on the statement of ld. Counsel for the

petitioner. It is requested by ld. Counsel for petitioner that DAR filed by

the ld. Counsel be perused.

Put up for RE on 07/07/2015.


MACT No. 52/14 16/04/2015

PW1 Smt. Usha W/o Sh. Vijay Kumar Goel R/o H. No. 126, Street No. 3,

Tukhmirpur Extension, New Delhi - 110094

On SA

I tender my evidence by way of affidavit which is Ex. PW1/A and bears

my signatures at point A and B. I rely upon the documents which are exhibited

as under:-

1. Certified copy of charge sheet, FIR, site plan, postmortem report,

Mechanical Inspection report of both the vehicles are Ex. PW1/1 to

PW1/6.

2. Photocopy of educational certificates of Ankur Goel are Ex PW1/7 to

Ex. PW1/23. (OSR). There is no document Ex. PW1/24 and the same

has been inadvertently mentioned in the affidavit.

3. Photocopy of salary certificate issued by DLF Ex. PW1/25 (OSR)

4. Photocopy of appointment letter of DLF Ex. PW1/26 (OSR)

5. Photocopy of appointment letter issued by SMCC Ex. PW1/27 (OSR)

6. Original pay slip of SMCC for the month of Jan Ex. PW1/28.

7. Original pay slip of SMCC for the month of Feb Ex. PW1/29.

8. Photocopy of Election I card Ex. PW1/30 (OSR)

9. Photocopy of Election I Card of Kavita Ex. PW1/31 (OSR)

10. Photocopy of Election I card of Sanchit kumar Ex. PW1/32 (OSR)

Ex. PW1/25 to PW1/29 (objected to on account of mode of proof)

Xxxxx on behalf of respondent no. 1 and 2

Nil, Opportunity given as none appeared.

XXXX u/sec 170 MV Act by Sh. Neeraj Bansal, Ld. Counsel for Insurance Co.

I am not the eye witness and I have not seen the accident. It is correct

that I cannot tell how the accident took place. My other son namely Sanchit is

studying and doing CS. My husband is jobless and remains ill. I got married

2my 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


MACT No. 52/14

16/04/2015

PW2 Sh. Surender Kumar Goyal S/o Late Sh. Rattan Lal R/o H. No. 97,

Chander puri, Ghaziabad, U.P.

On SA

I tender my evidence by way of affidavit which is Ex. PW2/A and

bears my signatures at point A and B. I rely upon the photocopy of

document which is exhibited as Ex. PW2/1 i.e DL

Xxxxx on behalf of respondent no. 1 and 2

Nil, Opportunity given as none appeared.

XXXX u/sec 170 MV Act by Sh. Neeraj Bansal, Ld. Counsel for Insurance

Co.

I am in the business of electric goods at 97, Chander Puri,

Ghaziabad. I was with Ankur at the time of accident. Ankur was behind

me as I reached earlier. I came on foot from Bapu Ashram and Ankur was

on motorcycle. The distance between me and Ankur was around 400-500

mtrs. I have seen the accident despite the fact that the accident took place

around at a distance of 400-500 mtrs from the place where I was standing.

Many vehicles were running on the road being highway. Buses do not ply

on that route but the trucks were plying on the road as some construction

work was going on. However, the construction work was not going on at a

place where I was standing. I reached at the spot within 5 minutes. I have

seen the said accident when the truck hit the motorcycle. I have not called

the police as I have not any phone at that time. Police had recorded my

statement on the same day. Police met me twice. Ankur was my nephew.

It is wrong to suggest that I am deposing in favour of petitioner as the

2deceased 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


MACT No. 52/14

16/04/2015

Present:- Sh. Sudesh Kumar, Ld. Counsel for the petitioner.


Sh.Neeraj Bansal, Ld. Counsel for Insurance Co.

Affidavit of PW1 Smt. Usha and PW2 Sh. Surender Kumar

filed. WS filed on behalf of Insurance Co. alongwith application u/sec 170

MV Act. Heard on the application u/sec 170 MV Act and same is allowed.

PW1 and PW2 examined, cross-examined and discharged.

An application has been moved on behalf of petitioner for

summoning of witness. Heard. Allowed.

Let witness be summoned on filing of PF. DM be paid on

spot.



MACT No. 55/13

16/04/2015

Statement of Sh. Upender Singh, Ld. Counsel for petitioners.

Without Oath.

I close PE on behalf of petitioners.

RO & AC


Misc App. 01/13

16/04/2015

Present:- Sh. N.K. Pare, Ld. Counsel for Insurance Co.

Reply to the application u/o 9 rule 13 r/w section 151 CPC

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.


Ex. No. 45/11

16/04/2015

Present:- Sh. N.K. Pare, Ld. Counsel for Insurance Co.

Reply to the application u/o 9 rule 13 r/w section 151 CPC

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.


MACT No. 151/14

16/04/2015

Present:- Sh. Lalit Kumar, Ld. Counsel for the petitioner.

Sh. Sandeep Arya, Ld. Counsel for respondent no. 1 and 2.

Sh. Anupam Kumar Singh, Ld. Counsel for Insurance Co.

WS filed on behalf of Insurance Co. Memo of appearance

filed on behalf of respondent no. 1 and 2. Copy of complete documents

stated to be not supplied to respondent no. 1 and 2. Complete set

documents supplied today.

Put up for WS of respondent no. 1 and 2 on 21/05/2015..


MACT No. 157/14

16/04/2015

Present:- Sh. Lalit Kumar, Ld. Counsel for the petitioner.

Sh. Sandeep Arya, Ld. Counsel for respondent no. 1 and 2.

Sh. Anupam Kumar Singh, Ld. Counsel for Insurance Co.

Memo of appearance filed on behalf of respondent no. 1 and

2. Copy of complete documents stated to be not supplied to respondent no.

1 and 2. Complete set documents supplied today.

Put up for WS of respondent no. 1 and 2 on 21/05/2015..


MACT No. 143/13

16/04/2015

Present:- Sh. Upender Singh, Ld. Counsel for the petitioner.


Sh. Vinod Kaul, Ld. Counsel for Insurance Co.

No RW present despite last and final opportunity hence, RE

stands closed.

Put up for final arguments on 21/05/2015.


MACT No. 93/13 & 94/13

16/04/2015

Present:- Sh. Munish Kumar Sharma, Ld. Counsel for the petitioner.


No RW present despite last and final opportunity hence, RE

stands closed. No time left for final arguments.



FIR No. 700/14PS New Usmanpur

16/04/2015

Fresh DAR alongwith VIR filed by IO. It be checked and

registered.

Present:- Injured alongwith ld. Counsel Ms. Bharti Bala.

Driver in person.

Owner not present.

Sh.Aman Shankar, Ld. Counsel for Insurance Co.

ACP Anand Kumar is present on the show cause notice and

filed the report. Memo of appearance filed on behalf of Insurance Co.

Copy of DAR supplied.

Issue notice to owner through IO for 21/05/2015. Present

application be tagged alongwith DAR proceedings.


Mohit Vs. Unknown.

16/04/2015

Present:- Ms. Bharti Bala, Ld. Counsel for the injured.

IO in person.

IO seeks time for filing of DAR.

Put up for filing of DAR as last and final opportunity on

30/04/2015.


MACT No. 330/12 & 331/12

16/04/2015

Present:- Petitioner no. 1 in person who is also Advocate.



Written arguments already filed. Copy already supplied.

Further arguments heard.

Put up for clarification if any / order on 28/04/2015


MACT No. 238/13

16/04/2015

Present:- None for injured despite repeated calls since morning.

Sh. Kunwar Mohd, Ld. Counsel for Insurance Co.

Put up for RE on 07/05/2015.


Jitender Vs. VisharatFIR No. 370/14

PS Khajuri Khas

16/04/2015


registered.

Present:- Sh. Ratneshwar Jha, Ld. Counsel for LRs of deceased.

Driver and owner not present.

Sh. S.P.S Chauhan, Ld. Counsel for Insurance Co.


Issue notice to driver and owner through IO for 21/05/2015.

Ld. Counsel for LRs of deceased is directed to file the memo of

appearance on the next date of hearing.


DAR No. 216/14

16/04/2015

Present:- Ms. Bharti Bala, Ld. Counsel for the injured.

Sh. Vinod Kumar, father of the driver who is also owner of

the vehicle.

Sh. S.K. Sharma, Ld. Counsel for Insurance Co.

IO also present.

Reply filed on behalf of Insurance Co. Copy supplied.

Original treatment papers and reports are supplied to the IO.

IO is directed to obtain the fresh opinion regarding the nature of injury of

injured after placing all the documents before the doctor of GTB Hospital.

Doctors at GTB Hospital are directed to examine the treatment papers and

record and give the fresh opinion regarding the nature of injury of injured.

Put up for filing of report by the IO on 27/05/2015. Copy of

order be given dasti to IO.


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.


FIR No. 795/14PS Karawal Nagar

LRs of Nain Singh Vs. Chand and Others

16/04/2015

Present:- Ld. Counsel for the applicant.

Driver also present.

IO not present.

Issue B/W against the IO in a sum of Rs. 5000/- for

05/05/2015.


FIR No. 686/14PS New Usmanpur

16/04/2015

Present:- IO not present.

Put up on 05/05/2015.


Gautam Vs. Santosh TiwariFIR No. 308/14

PS Sonia Vihar

16/04/2015


registered.

Present:- 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.


Seema Vs. Santosh TiwariFIR No. 308/14

PS Sonia Vihar

16/04/2015


registered.

Present:- Sh. Gautam in person who submits that he is nephew of

Injured

Driver in person.

Owner not present.



25/05/2015.


Mayank Vs. Santosh TiwariFIR No. 308/14

PS Sonia Vihar

16/04/2015


registered.

Present:- Uncle of Injured in person.

Driver in person.

Owner not present.

Copy of DAR supplied to uncle of injured and driver.


25/05/2015.


MACT No.320/11

16/04/2015

Present:- None for petitioner.

Sh. Jai Bhagwan Sharma, Ld. Counsel for respondent no. 1

and 2.

None for Insurance Co. at this moment.

No time left for final arguments.



FIR No. 768/14PS Seelam Pur

16/04/2015

Present:- IO ASI Beghraj Singh in person.

Put up on 18/04/2015.


DD No. 24ADAR no. 44/15

Fakruddin Vs. RahulPS Sonia Vihar

Date : 16.04.2015

Present: Injured Fakruddin in person.

Owner Sh. Lallan in person.

Today owner has paid Rs. 20,000/- to the injured, hence Award is satisfied.

File be consigned to record room. Copy of the order be given to both the

parties.

(KIRAN BANSAL)PO-MACT(NE)

16.04.2015

MACT No. 346/11Date : 16.04.2015

Present: Sh. Prahlad Kumar, ld. counsel for petitioner alongwith petitioner in

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.


16.04.2015

MACT No. 613/09Date : 16.04.2015

R3W1: Statement of Sh. Ranjeet Singh, MLO Mathura, Authority.

On SA

I have brought the summoned record. As per our record the driving license no.

636/MTR/08 in the name of Sh. Shiv Kumar S/o Sh. Lakhan Singh ,R/o Gopal Pur,

Rasul Pur , Mathura, UP, the above said license is valid for driving for Motorcycle and

light motor vehicle which is valid from 15.01.2008 to 14.01.2028. The drivign license

no. 636/MTR/08 not issued in the name of Sh. Naresh Kumar. Copy of the same is Ex.

R3W1/A (Colly 3 sheets).

xxxx by respondents no. 1 & 2.

Respondents no. 1 & 2 are already ex-parte.

xxxxx by Sh. Punit Singh, ld. counsel for petitioner.

Nil. Opportunity given.

RO &AC


16.04.2015

MACT No. 613/09Date : 16.04.2015

Present: Sh. Puneet Singh, ld. counsel for petitioner.

Respondents no. 1 & 2 are already ex-parte.

Sh. Abid Malik , ld. counsel for respondent no. 3.

Sh. Ranjeet Singh, MLO Mathura is present in person and requested for

cancellation of NBW.

NBWs stands cancelled.

R3W1 Sh. Ranjeet Singh is present, examined , cross examined and discharged.

Diet money of Rs. 1000/- paid.

Put up for respondent's evidence on 25.05.2015. Copy of the order be given to

ld. counsel for insurance company.


16.04.2015

DAR No. 168/14PS Seelam Pur

Mohan Kumar Vs. Naveen BhatiaDate : 16.04.2015

Present: Injured Mohan Kumar in person.

Driver Cum Owner Sh. Naveen Bhatia in person.

Today driver cum owner has paid third installment i.e Rs. 22000/- to the injured.

Put up for fourth installment i.e Rs. 22,000/- on 16.05.2015.


16.04.2015

MACT No. 163/08Date : 16.04.2015

Present: Sh. Pradeep Tyagi, ld. counsel for petitioner.

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.


16.04.2015

MACT No. 39/13Date : 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.

xxxx by Sh. Fakhruddin, ld. counsel for respondents no. 1 & 2.

Cross examination deferred.

RO &AC


16.04.2015

MACT No. 39/13Date : 16.04.2015

Present: Sh. Chaudhary Rajiv Kumar, ld. counsel for petitioner.

Sh. Fakhruddin, ld. counsel for respondents no. 1 & 2.

Sh. A. S. Rawat, ld. counsel for respondent no. 3.

Ld. counsel for respondent no. 3 has moved an application U/s 170 M. V. Act.

PW 1 Smt. Banu is present and has tendered her affidavit but cross examination

is deferred.

Put up for cross examination of PW 1/ remaining petitioner's evidence on

07.09.2015.


16.04.2015

MACT No. 183/11Date : 16.04.2015

Present: Sh. J. B. Nagar, ld. counsel for petitioner.

Clerk of ld. counsel for respondent no. 6.

None for other respondents.

Witness Sh. Rajneesh Singh, MLO, Mathura is present, but he has not brought

the recored. It is stated that he was not aware about the order in the present case and he

is being provided with the details and record which is required. The abvoesaid witness

is being bound down on the next date of hearing.



16.04.2015

MACT No. 49/14Nazrine Vs. Satnam Singh

Date : 16.04.2015

Present: Sh. Abbas Khan, ld. counsel for petitioner.

Sh. Sanjeev Srivastav, ld. counsel for insurance company.

Ld. counsel for petitioner and ld. counsel for insurance company submits that

there are chances of settlement, matter be referred to daily continuous Lok Adalat.

Heard. In view of the submissions of both the parties matter is referred to daily

continuous Lok Adalat. Both the parties are directed to appear before Judge Lok

Adalat on 25.04.2015 at 4:00 pm.


16.04.2015

MACT No. 195/13Date : 16.04.2015

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. I do not have any documentary proof regarding my occupation and

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


16.04.2015

MACT No. 195/13Date : 16.04.2015

Present: Ms. Pinki Talukdar, ld. counsel for petitioner.

Sh. Jai Bhagwan, ld. counsel for respondents no. 1 & 2.

Sh. Vinod Kaul, ld. counsel for respondent no. 3.

Ld. counsel for respondent no. 3 has moved an application U/s 170 M. V. Act.

PW 1 Ruksana is present, examined, cross examined and discharged.

Ld. counsel for petitioner reports closure of evidence. Heard. Statement of ld.

counsel for petitioner recorded separately. In view of the statement of ld. counsel for

petitioner, PE closed.

Put up for RE on 10.07.2014


16.04.2015

MACT No. 195/13Date : 16.04.2015

Statement of Ms. Pinki Talukdar, ld. counsel for petitioner.

Without Oath

I close petitioner's evidence.

RO &AC


16.04.2015

MACT No. 348/08Date : 16.04.2015

Present: Sh. R. N. Chaudhary, ld. counsel for petitioner.

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.



16.04.2015

MACT No. 164/13Date : 16.04.2015

File is taken up on an application for release of cheque.

Present: Ld. counsel for applicant alongwith applicant namely Deepak Mishra in

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.


16.04.2015

MACT No. 554/09/08Date : 16.04.2015

Present: Ld. counsel for petitioner alongwith petitioner.

Cheque received in pursuance of Award dated 16.10.2014.

Cheque bearing no. 803078 dated 17.02.2015 drawn on Standard Chartered

Bank for an amount of Rs. 23,790/- to be handed over to petitioner namely Julfikar.

File be consigned to record room.


16.04.2015

MACT No. 89/10Date : 16.04.2015

R3W2: Statement of Ms. Pallavi Thakral, A. O. , Oriental Insurance Company, Office

at F-14/20, United India Life Building, Connaught Place, Delhi.

ON SA

The company has issued the policy for the vehicle no. DL 1V-A-0222 (RTV)

vide policy no. 214303/31/2010/594 w.e.f 01.05.2009 to 30.04.2010 in the name of Sh.

Karar Hussain. It is further endorsed in the name of Sh. Narander Tirpathi on

09.07.2009 with the same policy no. and policy period subject to the terms, condition

and limitations of the policy. The policy in the name of Sh. Karar Hussain is Ex.

R3W2/1 (colly 2 sheets) and Sh. Narander Tirpathi is Ex. R3W2/2. The company has

issued the notices U/o 12 Rule 8 CPC to the driver Sh. Vinod Kumar and owners Sh.

Karar Hussain and Sh. Narander Tirpathi to produce the required documents as

mentioned in the notices U/o 12 Rule 8 CPC i.e DL, Permit, original insurance policy,

RC of the vehicle etc. through the counsel. The owners and the driver neither produced

the same in the court concerned or nor to the insurance Company. The notice issued to

the driver is Ex. R3W2/3 and postal receipts Ex. R3W2/4. The notice issued to the

owners namely Karar Hussain and Narander Tirpath are Ex. R3W2/5 and postal receipts

Ex. R 3W2/6 and Ex. R3W2/7. Company has verified the the DL of the driver Vinod

Kumar through investigator and the report of the investigator is Ex. R3W2/8 and the

report of the licensing authority Durga Pur is Ex. R3W2/9. As per the report of the

investigator there is no record of the DL in the name of Sh. Vinod Kumar. The manual

record of the licensing authroity Ex. R3W2/9 reflects the name of driving license holder

is Tarsin Singh for the DL no. WB 39-016922. If there is any violation of the terms,

conditions and limitations of the policy the company is not liable to indemnify to

insured.

Xxxxxby Sh. Basant Narayan Singh, Ld. proxy counsel for petitioner.

Nil. Opportunity given.

Xxx by respondents no. 1, 2 & 4.

Respondents no. 1, 2 & 4 are already ex-parte.

RO &AC


16.04.2015

MACT No. 11/09/08Date : 16.04.2015

Present: Ld. counsel for petitioner alongwith petitioner in person namely Kamini

Kaushal Khanna.


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.



16.04.2015

MACT No. 39/10Date : 16.04.2015

Present: Sh. Basant Narayan Singh, Ld. proxy counsel for petitioner.

Respondents no. 1, 2 & 4 are already ex-parte.

Ms. Shalini Upadhaya, ld. counsel for respondent no. 3.

R3W2 Ms. Pallavi Thakral is present , examined, cross examined and

discharged.

Witness from Licensing Authority, Durga Pur , West Bengal not appeared. Issue

fresh summons to the abovesaid witness. Dasti be also given to ld. counsel for

respondent no. 3.



16.04.2015

MACT No. 195/14FIR No. 751/14

PS SohnaU/s 279/304A IPCDate : 16.04.2015

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


16.04.2015

MACT No. 388/10Date : 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 liable to pay the

compensation to the petitioner.

Xxxx by Sh. Ashok Kr. Goel, Ld. counsel for respondents no. 1 & 2.

It is wrong to suggest that any notice U/o 12 Rule 8 CPC sent to the driver and

owner. It is wrong to suggest that there was no violation of any terms and conditions of

the policy vis a vie the DL of the driver. It is wrong to suggest that I am deposing

falsely.

RO &AC


16.04.2015

MACT No. 388/10Date : 16.04.2015

Present: Sh. Bijay Kumar, ld. counsel for petitioner.

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.


16.04.2015

MACT No. 388/10Date : 16.04.2015

Statement of Ms. Shalini Upadhaya, ld. counsel for respondent no. 3

Without Oath.

I close respondent's evidence on behalf of respondent no. 3.

RO &AC


16.04.2015

MACT No. 135/12Date : 16.04.2015

Present: Ld. counsel for petitioner alongwith petitioner in person namely Meena.


Cheque bearing no. 526170 dated 31.03.2015 drawn on Corporation Bank for

an amount of Rs. 1,71,399/- to be handed over to petitioner namely Meena.



16.04.2015

MACT No. 21/12Date : 16.04.2015

File is taken up on an application for release of cheque.

Present: Ld. counsel for applicant alongwith applicants namely Rajender and

Sachin in person.



amount of Rs. 5,70,860/- to be handed over to applicant namely Rajender against

proper receipt.


amount of Rs. 5,70,860/- to be handed over to applicant namely Sachin against proper

receipt.


amount of Rs. 5,70,860/- in the name of Manish Kumar (minor) to be handed over to

Rajender (Father of Sachin) against proper receipt.


amount of Rs. 5,70,860/- in the name of Manish Kumar (minor) to be handed over to

Rajender (Father of Sachin) against proper receipt.


amount of Rs. 5,70,860/- in the name of Manisha (minor) to be handed over to

Rajender (Father of Manisha) against proper receipt.

Application stands disposed off.

File be consigned to record room. Date already fixed i.e on 07.05.2015 stands

cancelled.


16.04.2015

Jagan Singh Vs. Ranvir Singh & Ors. Date : 16.04.2015

Fresh Claim petition received by way of assignment. It be checked and registered.

Present: Ld. counsel for petitioner.

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.


16.04.2015

Shiv Charan Vs. Raj Kumar & Ors. Date : 16.04.2015

Fresh Claim petition received by way of assignment. It be checked and registered.

Present: Sh. Robin Tyagi, Ld. counsel for petitioner.

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.


16.04.2015

MACT No. 195/14Date : 16.04.2015

File is taken up on an application moved by petitioner for withdrawal of petition.

Present: Ld. counsel for petitioner alongwith petitioner in person.

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.


16.04.2015

DAR No. 221/14FIR No. 609/14PS Sonia Vihar

Date : 16.04.2015

File received back from Daily Lok Adalat.

Present: 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.


16.04.2015

FIR No. 268/15PS Khajuri KhasU/s 279/337 IPC

Date : 16.04.2015

Fresh DAR filed by HC Mahesh Kumar. It be checked and registered.

Present: Injured Ram Sunder in person.

IO HC Mahesh Kumar in person.

IO submits that as on today the particulars of offending vehicle, driver and

owner are not traced in the investigation and therefore the said particulars could not be

furnished. It is also further submits that he has also filed untrace report U/s 173 Cr. P.

C. and he has informed the injured about the untrace report and he shall file the

abovesaid particulars as and when discovered in future investigation.

Injured submits that he has satisfied with the untrace report filed by the IO and

he has no objection if the same is accepted.

Heard. Statement of injured and IO recorded. In view of the statement made by

the IO and untrace report filed by the police , present proceedings are hereby closed.

However matter be taken up again by the police as and when any clue of the offending

vehicle comes to notice of police. File be consigned to record room. Copy of the order

be given dasti to IO.


16.04.2015


Date : 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


16.04.2015


Date : 16.04.2015

Statement of HC Mahesh Kumar, no. 88NE PS Khajuri Khas, Delhi. On SA

I have the filed the present DAR in FIR no. 268/15. As on today the particulars

of offending vehicle, driver and owner are not traced in the investigation, therefore the

said particulars could not be furnished. I have also filed untrace report u/s 173 Cr. P.C.

I have informed the injured about the untrace report. I shall file the abovesaid

particulars as and when discovered in future investigation. Present DAR be closed.

RO &AC


16.04.2015

FIR No. 681/13PS Bhajan Pura

U/s 279/338 IPCJayeda Vs. Unknown

Date : 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


16.04.2015



Date : 16.04.2015

Statement of HC Sanjeev Kumar, no. 78 NE, PS Bhajan Pura, Delhi. On SA

On SA

I have the filed the present DAR in FIR no. 681/13. As on today the particulars

of offending vehicle, driver and owner are not traced in the investigation, therefore the

said particulars could not be furnished. I have also filed untrace report u/s 173 Cr. P.C.

I have informed the injured about the untrace report. I shall file the abovesaid

particulars as and when discovered in future investigation. Present DAR be closed.

RO &AC


16.04.2015



Date : 16.04.2015

Fresh DAR filed by HC Mahesh Kumar. It be checked and registered.

Present: Injured Jayeda in person.

IO HC Sanjeev Kumar in person.

IO submits that as on today the particulars of offending vehicle, driver and

owner are not traced in the investigation and therefore the said particulars could not be

furnished. It is also further submits that he has also filed untrace report U/s 173 Cr. P.

C. and he has informed the injured about the untrace report and he shall file the

abovesaid particulars as and when discovered in future investigation.

Injured submits that he has satisfied with the untrace report filed by the IO and

he has no objection if the same is accepted.

Heard. Statement of injured and IO recorded. In view of the statement made by

the IO and untrace report filed by the police , present proceedings are hereby closed.

However matter be taken up again by the police as and when any clue of the offending

vehicle comes to notice of police. File be consigned to record room. Copy of the order

be given dasti to IO.


16.04.2015

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