Srinagar, Oct 22 (KNS): The Motor Accident Claims Tribunal (MACT), Srinagar, has awarded compensation of Rs. 58.50 lakh to the family members of an engineer who died in a road accident at Digdol in Ramban in July 2013. The court directed Oriental Insurance to pay the amount with interest at 9 per cent per annum from the date of institution of the claim petition.

After hearing the both parties, the court, presided over by Fayaz Ahmad Qureshi, held that the claimants had established that the vehicle went out of control and that negligence on the part of the deceased had not been proved.

The court observed that the driving licence and insurance policy were valid at the time of the accident.

It further observed that the Motor Vehicles Act is social-welfare legislation and that trustworthy evidence should not be discarded merely because of minor discrepancies. It observed that the standard of proof in motor accident compensation proceedings is not as demanding as in criminal trials.

The Court rejected the insurer's contention that liability should be limited to Rs.Click Here To Follow Our WhatsApp Channel2 lakh and assessed compensation under the applicable legal principles, taking into account the comprehensive policy and the evidence of the deceased's earnings. The award ultimately fixed compensation at Rs. 58,50,282, with the Rs. 2 lakh personal accident cover adjusted against the total.

A claim petition instituted in 2015 following the death of Syed Javed Nazir, a Junior Engineer associated with the Baglihar Hydel Project.

According to the award, the deceased was travelling from Srinagar towards Chandrakot in July 2013, in his Hyundai Santro car when the vehicle went out of control near Digdol on the highway and plunged into a deep gorge. He died on the spot.

The claimants approached the Tribunal seeking compensation, contending that the deceased was 42 years old and earning a salary while supporting his wife, two minor daughters and elderly parents.

Oriental Insurance Company has been directed 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. (KNS)