Srinagar- In two separate but significant rulings, the Motor Accidents Claims Tribunal (MACT) Srinagar has awarded substantial compensation to victims of long-pending road accident cases, bringing relief to families who have endured years of legal proceedings.
After nearly a decade-long legal battle, the MACT Srinagar awarded over Rs 54 lakh in compensation to a Sopore family injured in a 2015 road accident on the Srinagar–Baramulla National Highway.
According to details, the accident occurred on December 5, 2015 near the Murgund area, when the family was travelling along the highway and met with a serious road mishap. Several family members, including three children, sustained critical injuries, while one member suffered permanent disability.
A claim petition was filed before the MACT Srinagar in 2016 on behalf of the victims. After prolonged proceedings, the tribunal held the insurance company of the offending vehicle liable for the accident.
After examining medical records, evidence and the disability certificate placed on record, the Presiding Officer of the tribunal, Fayaz Ahmad Qureshi, passed a detailed judgment directing HDFC ERGO General Insurance Company to pay a compensation of Rs 54,10,500 along with applicable interest within 30 days.
The order brought long-awaited relief to the victims, who had been pursuing the case for nearly ten years. Locals welcomed the decision, calling it a delayed but significant delivery of justice.
The victims were represented before the tribunal by Advocate Saleem Yousuf, while the insurance company was represented by Advocate Tariq Malik.
Pulwama Victim Gets Rs 44.76 Lakh Compensation
MACT Srinagar also granted compensation amounting to Rs 44.76 lakh to a Kakapora resident of Pulwama district for sustaining permanent disability in a road accident that occurred in July 2007.
The award was pronounced by presiding officer of MACT Srinagar Fayaz Ahmad Qureshi in claim petition and directed the Insurance Company to pay its share of compensation with interest.
The accident as per the petition, filed by Bilal Ahmad Bhat (victim), took place on July 8, 2007, near the SBI Residency Road, Srinagar, when two Sumo vehicles—JK03A-1584 and JK03A-6533—were being driven rashly and negligently while overtaking each other. One of the vehicles hit a stationary security forces Tata-407 parked near an ATM, resulting in the death of a security personnel and serious injuries to the petitioner.
The Tribunal held that the accident was a result of composite negligence of both vehicles. The petitioner, then aged 33 and working as a butcher, sustained a fracture of the right femur, underwent multiple surgeries, and was left with 10% permanent disability of the right lower limb, significantly affecting his livelihood and prospects of marriage.
After evaluating medical evidence, witness testimony, and disability assessments, the Tribunal awarded compensation under various heads including medical expenses, loss of income during treatment, future loss of earnings, attendant charges, pain and suffering, and loss of marital prospects.
The Tribunal noted that although part of the claim against the Insurance Company had already been settled in a Lok Adalat in 2012, the insurer of vehicle JK03A-1584, remains liable to pay Rs 22.38 lakh, being its 50% share, along with 8% annual interest from the date of filing of the petition (October 16, 2008).
“Accordingly, it is ordered that the respondents 1 and 4 (Insurance companies) shall pay an amount of Rs.44,76,000.00 (Forty-four lacs, seventy-six thousand only) less by interim, if any, paid in the ratio of 50% each to the petitioner within a period of 30 days along with interest @ 8% per annum from the date of institution of this claim petition i.e 16-10-2008 till its final realization failing which the award amount due shall be recoverable @ 10% from the expiry of 30 days time granted for paying the compensation,” the Tribunal said. Since the petitioner has already compromised part of the claim with the respondents 1-3 (one of them being two of the insurance companies) in Lok Adalat held on 26-05-2012, as such, 50% of the share to be paid by the respondent No-1 shall be treated as settled and compromised.”
