Kashmir Impulse Desk
Srinagar, Oct 22
A motor accident claims tribunal in Srinagar has awarded Rs 58.5 lakh in compensation to the family of an engineer who died in a road accident in Ramban district in 2013.
The Motor Accident Claims Tribunal, presided over by Fayaz Ahmad Qureshi, directed Oriental Insurance Company to pay Rs 58,50,282 with interest at 9 percent per year from the date the compensation petition was filed.
The tribunal rejected the insurer’s objections concerning the maintainability of the claim and the extent of its liability, finding that the evidence did not establish negligence by the deceased.
It also noted that the driving licence and insurance policy were valid at the time of the accident.
The tribunal said the Motor Vehicles Act was social-welfare legislation and that credible evidence should not be discarded because of minor discrepancies. It also found that the insurance policy did not exclude the claim.
In calculating the compensation, the tribunal assessed the engineer’s monthly net salary at Rs 34,031 and added 30 percent for prospects.
After deducting one-fourth of the annual income for personal expenses and applying a multiplier of 14, it calculated the loss of dependency at Rs 5,574,282.
It added Rs 18,000 each for funeral expenses and loss of estate, and Rs 2.40 lakh for spousal, parental and filial consortium for the widow, daughters, and parents.
The total compensation was assessed at Rs 58,50,282.
The tribunal also directed that the Rs 2 lakh personal accident cover available to the registered owner-cum-driver under the policy be adjusted against the compensation.
Oriental Insurance was ordered to satisfy the award within 30 days.
Any amount unpaid after that period would carry interest at 12 percent per year, the tribunal said.
