SRINAGAR: The Motor Accident Claims Tribunal (MACT), Srinagar, has awarded Rs 77.40 lakh in compensation to the widow, minor daughter and mother of a 39-year-old man killed in a road accident at Kandizal on National Highway 44 in Pampore in September 2021, directing the vehicle’s insurer to pay the amount with 9 per cent annual interest from the date of institution of the claim petition.
The award, pronounced on October 17 by District and Sessions Judge Fayaz Ahmad Qureshi, holds the insurance company liable after finding that the accident resulted from the dumper driver’s rash and negligent driving and that the insurer had failed to establish its allegation that the driver lacked a valid driving licence and other requisite vehicle documents.
The tribunal directed Bajaj Allianz General Insurance Company Ltd to pay the compensation, along with interest, within 30 days. Failure to comply would attract interest at 12 per cent on the outstanding award amount after the expiry of the stipulated period.
The claim was filed by Shameema Akhter, the deceased’s widow, their minor daughter Aamina Reyaz, and his mother, Zeba Begum, seeking compensation for the loss of their family member and the financial support he provided.
According to the claim petition, Riyaz Ahmad was returning to Lariyar, Tral, after delivering apple boxes at Sopore fruit mandi on the intervening night of September 22 and 23, 2021, when the accident occurred near Kandizal crossing on NH-44.
The tribunal examined evidence that the Tata Mobile load carrier, bearing registration number JK13C-6997, had been struck from behind by a dumper bearing registration number JK18C-3212, driven by Rauf Ahmad Sheikh. Riyaz had reportedly stepped out of the parked vehicle to attend to nature’s call when the collision occurred, leaving him fatally injured.
He was taken to Sub-District Hospital, Pampore, where doctors declared him brought dead. Police Station Kakapora registered FIR No. 128/2021 in connection with the incident, and a charge sheet was subsequently filed against the dumper driver.
The tribunal relied on the testimony of Bilal Ahmad Teli, who was travelling with the deceased and testified as an eyewitness. It observed that his testimony remained unshaken during cross-examination and was supported by the police records and charge sheet. The tribunal consequently decided the issue of negligence in favour of the claimants.
The insurance company had contested the claim, arguing that the deceased himself was responsible for the accident. It also alleged that the dumper driver did not possess a valid and effective driving licence, permit and fitness certificate, amounting to a breach of the insurance policy.
However, the tribunal noted that the insurer had produced no evidence to substantiate the alleged violations. It therefore rejected the defence of policy breach and held the insurance company liable to satisfy the award.
Compensation calculation
While determining the amount, the tribunal assessed Riyaz Ahmad’s monthly income at Rs 45,000, accepting the claim that he was engaged in the business of fruit trading, sheep trading and transportation using a vehicle.
The tribunal observed that the claimed income was not excessive in view of the nature of his business. Although witnesses stated that his earnings could rise to Rs 1 lakh during the peak business season, the tribunal adopted Rs 45,000 per month as his established income.
Applying the Supreme Court’s guidelines on future prospects, the tribunal added 40 per cent to his income because he was self-employed and below 40 years of age. It then deducted one-third towards his personal and living expenses, considering that three family members were dependent on him, and applied a multiplier of 15 corresponding to his age of 39 years.
The resulting loss of dependency was assessed at Rs 75.60 lakh.
The tribunal added Rs 18,000 towards funeral expenses, Rs 18,000 for loss of estate and Rs 1.44 lakh towards consortium for the three claimants.
The total compensation was accordingly fixed at Rs 77.40 lakh.
The claimants had initially sought Rs 1.451 crore, along with interest, for loss of earnings, future prospects, consortium, funeral expenses and other heads of compensation.
The tribunal directed that the awarded amount be apportioned among the claimants in accordance with the Muslim Personal Law applicable to them, with court fees to be paid from the award amount as a first charge. Any interim compensation already paid by the insurance company is to be deducted from the total award.
The claim petition, instituted in November 2021, was disposed of through the award dated October 17, 2026.
