Srinagar: The Motor Accident Claims Tribunal in Srinagar has awarded Rs 58.50 lakh in compensation, along with interest, to the widow, two daughters and parents of a Baglihar Hydel Project engineer who died in a road accident in Ramban in 2013, ruling that his family could seek compensation from the insurance company despite his being both the owner and driver of the vehicle.
The award of Rs 58,50,282 was passed on October 21 by Fayaz Ahmad Qureshi, District and Sessions Judge and presiding officer of the tribunal, in MACP No. 450/2018. The tribunal also ordered 9% annual interest from May 5, 2015, until the amount is paid.
Syed Javed Nazir, a junior engineer associated with the Baglihar Hydel Project, died in an accident near Digdol in Ramban district on July 30, 2013. His widow, two minor daughters and elderly parents pursued the compensation claim for more than 11 years.
The central issue before the tribunal was whether the legal heirs of a deceased person who owned and drove the insured vehicle could claim compensation from the insurer when no other vehicle was involved in the accident.
The insurance company opposed the claim. However, the tribunal, relying on the Motor Vehicles Act, 1988, and Supreme Court judgments, including Ningamma vs. United India Insurance Co. Ltd. and Oriental Insurance Co. Ltd. vs. Rajni Devi, held that the deceased’s legal representatives could maintain the claim.
The tribunal said the family should not be denied compensation solely because the deceased was both the vehicle’s owner and driver. It adopted a beneficial interpretation of the law, taking into account the social welfare objectives of motor accident compensation provisions.
Advocate Sajad Ahmad Mir, representing the claimants, presented legal submissions and written arguments on the maintainability of the claim and their entitlement to compensation.
The award covers loss of dependency, funeral expenses, loss of estate and consortium for the deceased’s widow, daughters and parents.
The insurance company has been directed to pay the compensation within 30 days. The tribunal ordered 9% annual interest from May 5, 2015, until realisation, with the rate increasing to 12% if the payment is not made within the stipulated period.
