JKNS DESK
Srinagar, Oct 23 (JKNS): The Motor Accident Claims Tribunal (MACT), Srinagar, has awarded compensation of ₹58,50,282 to the widow, two minor daughters and parents of a Junior Engineer who died in a road accident near Digdol in Ramban district in July 2013.
The award, dated October 21, 2026, as per news agency JKNS, was passed by Presiding Officer Fayaz Ahmad Qureshi in a claim petition concerning the death of Syed Javed Nazir, also referred to as Syed Javaid Nazir Mantaqi, who was associated with the Baglihar Hydel Project.
The Tribunal directed Oriental Insurance Company Ltd to pay the compensation along with interest at 9 per cent per annum from May 5, 2015, the date of institution of the claim petition, until realisation. The insurer has been directed to deposit the awarded amount within 30 days, failing which interest will rise to 12 per cent per annum on the outstanding amount, in terms of the award.
According to the case, the deceased, aged around 42 years, was driving his Hyundai Santro car from Srinagar towards Chandrakot on July 30, 2013, when the vehicle went out of control near Digdol on NH-1A and plunged around 300–400 metres into a deep gorge. He died on the spot.
Following the accident, FIR No. 116/2013 was registered at Police Station Ramban under Sections 279 and 304-A of the Ranbir Penal Code (RPC).
The claim was filed by his widow, Mst. Shabeena Kanth, minor daughters Seher Mantaqi and Syed Amber Mantaqi, and parents Syed Nazir Ahmad and Mst. Naseema.
A key legal issue before the Tribunal was whether the legal representatives of a deceased owner-driver could maintain a compensation claim against the insurer when the deceased was driving his own insured vehicle and no negligence on his part had been established.
After examining the relevant provisions of the Motor Vehicles Act and Supreme Court judgments, including *Ningamma v. United India Insurance Co. Ltd.* and *Oriental Insurance Co. Ltd. v. Rajni Devi*, the Tribunal held that the claim was maintainable on the facts and evidence of the case.
The Tribunal observed that motor accident compensation proceedings are governed by beneficial social-welfare legislation and that the standard of proof in such cases is not as stringent as in criminal trials. It found that negligence on the part of the deceased had not been established and considered the insurance coverage and other evidence on record.
For calculating compensation, the Tribunal accepted the deceased’s net monthly salary at ₹34,031, added 30 per cent towards future prospects, deducted one-fourth towards personal expenses and applied a multiplier of 14.
The loss of dependency was assessed at ₹55,74,282. An additional ₹18,000 was awarded towards funeral expenses, ₹18,000 for loss of estate and ₹2.40 lakh towards spousal, parental and filial consortium, taking the total compensation to ₹58,50,282.
The Tribunal also found that the vehicle was covered by a valid insurance policy and that the deceased held a valid driving licence, with no breach of policy conditions established.
Advocate Sajad Ahmad Mir appeared for the claimants, while Advocate Ram Singh represented the insurance company.
The award provides substantial financial relief to the bereaved family following a claim proceeding initiated in 2015 and highlights the legal questions surrounding compensation claims involving deceased owner-drivers of insured vehicles. (JKNS)
