Srinagar, Oct 23: A court here has awarded over Rs 58 lakh to the family members of an engineer who died in a road accident at Digdol in Ramban district in 2013.
The Motor Accident Claims Tribunal (MACT), Srinagar, presided over by Fayaz Ahmad Qureshi, directed the Oriental Insurance Company to pay Rs 58.50 lakh to the family with interest at 9 per cent per annum from the date of institution of the petition claiming the compensation.Rejecting the Insurance Company’s contention on maintainability and the extent of its liability, the Tribunal noted that the accident resulted in the engineer’s death and that the evidence did not establish negligence on the part of the deceased.
Moreover, it observed that the driving licence and insurance policy were valid at the time of the accident.
The Tribunal observed that the Motor Vehicles Act is social-welfare legislation and that trustworthy evidence should not be discarded merely because of minor discrepancies.Relying on the Supreme Court’s judgments and in keeping with the Motor Vehicles Act, the Tribunal observed that the insurance policy did not exclude the claim in question.The Tribunal calculated the deceased’s monthly net salary at Rs 34,031 and added 30 per cent towards future prospects. After deducting one-fourth of the annual income for personal expenses and applying a multiplier of 14, it determined the loss of dependency at Rs 55,74,282.
It further awarded Rs 18,000 each for funeral expenses and loss of estate, besides Rs 2.40 lakh towards spousal, parental and filial consortium for the widow, daughters and parents. The total compensation was assessed at Rs 58,50,282.The Tribunal also took into account the Rs 2 lakh personal accident cover available to the registered owner-cum-driver under the insurance policy and directed that the amount be adjusted against the total compensation.The Tribunal directed the Insurance Company to satisfy the award within 30 days. In default, the amount due will carry interest at 12 per cent per annum after expiry of the stipulated period.
