2008 accident case: MACT awards over Rs 32 lakh compensation

Srinagar, Jan 20: A court here has awarded Rs 32.24 lakh as compensation to the family of a skilled labourer who died in an accident in Reasi district in 2008.

The Motor Accident Claims Tribunal (MACT) Srinagar presided over by Fayaz Ahmad Qureshi awarded the compensation to the victim’s family after holding an Insurance Company liable to pay the compensation along with the interest within 30 days.

In a plea, the skilled labourer Dev Raj’s family had contended that the deceased had hired a tractor-trolley on December 18, 2008 to transport bajri for the construction of his house. While travelling in the trolley as the owner of the goods, the vehicle bearing registration number JK14A-6023 met with an accident near Zero Morh, Chasana after the driver lost control due to rash and negligent driving.

The trolley fell into a deep gorge resulting in fatal injuries to Dev Raj, who died later while being taken to hospital. Following the accident, an FIR under relevant sections of RPC was registered at Police Station Reasi.

In its decision, the tribunal rejected the Insurance Company’s contention that the deceased was travelling unauthorisedly in the offending vehicle and there was no insurance cover for covering the risk of occupants or passengers travelling in the offending vehicle. The court also rejected the company’s argument that it had not received any premium from the owner of the vehicle for covering the risk of the occupants of the persons of such type travelling as an occupant or passenger in the vehicle.

The Tribunal noted that the accident occurred due to rash and negligent driving of the tractor-trolley and the deceased was travelling as owner of the goods not as a gratuitous passenger. “The insurance company failed to prove breach of policy conditions regarding driving licence, permit, or unauthorized occupancy”, it said. The Tribunal ruled that the insurance policy covered the risk involved and that the insurer was legally bound to indemnify the owner.

In its judgement, Tribunal held the wife of the deceased, his minor daughter and three sons entitled to a compensation of rupees thirty-two lakh and fifty-four thousand along with interest at the rate of 8 per cent from the date of the institution of the claim petition that is May 4, 2016 till its realisation in full. The Court directed the Insurance Company to pay the entire amount within a period of 30 days failing which, it said, the award amount due shall be recoverable at the rate of 10 per cent from the expiry of the time granted for paying the compensation.