A B Wani
Srinagar, Oct 23 (GNS): In a landmark judgment, the Motor Accident Claims Tribunal (MACT) Srinagar has awarded Rs 58.50 lakh compensation to the family of a deceased owner-driver, giving major relief to families of insured vehicle owners.
The Tribunal, presided over by Mr. Fayaz Ahmad Qureshi, District & Sessions Judge and Presiding Officer MACT Srinagar, awarded Rs 58,50,282 along with 9% interest per annum from the date of institution of the claim petition.
The award dated October 21, 2026 in MACP No. 450/2018 pertains to the death of Syed Javed Nazir, a Junior Engineer associated with Baglihar Hydel Project, who died in a road accident near Digdol, Ramban on July 30, 2013. He was survived by his widow, two minor daughters and elderly parents who pursued the case for over 11 years.
The central question before the Tribunal was whether legal heirs of a deceased person who was both owner and driver of the insured vehicle could claim compensation from the insurance company when no other vehicle was involved.
The insurance company had contested the claim. However, adopting a beneficial and purposive interpretation of the Motor Vehicles Act, 1988 and relying on Supreme Court judgments including Ningamma Vs United India Insurance Co. Ltd. and Oriental Insurance Co. Ltd. Vs Rajni Devi, the Tribunal held that legal representatives could maintain the claim and should not be deprived of compensation merely because the deceased was himself the owner and driver.
Advocate Sajad Ahmad Mir, counsel for the claimants, assisted the Tribunal through legal submissions and written arguments on maintainability of the claim and entitlement to just compensation.
The compensation includes loss of dependency, funeral expenses, loss of estate and consortium for the widow, daughters and parents. The insurance company has been directed to pay the amount within 30 days with 9% interest from May 5, 2015 till realization, and 12% interest if payment is not made within the stipulated period.
The judgment has been welcomed by the legal fraternity for its balanced approach and focus on the social-welfare character of motor accident compensation law.(GNS)
