Srinagar, Mar 16, KDC: The Motor Accident Claims Tribunal (MACT), Srinagar, has imposed a cost of ₹50,000 on United India Insurance Company Limited for withholding a crucial insurance policy document during the trial of a motor accident claim case. The Tribunal also awarded ₹1.13 crore compensation with 8 percent annual interest to the victims of a 2012 road accident.
The order, a copy of which is in the possession of news agency Kashmir Dot Com, was passed by Presiding Officer Fayaz Ahmad Qureshi while deciding four clubbed claim petitions arising out of the same accident that occurred on January 10, 2012 near Wayil Sumbal in north Kashmir.
According to the Tribunal record, the victims were travelling in a Tata bus (registration No. JK01B-0605) from Sadhupora to Srinagar when the driver allegedly drove the vehicle rashly and lost control near Sumbal, causing the bus to plunge nearly 50 feet into a gorge. Several passengers sustained serious injuries and one woman later succumbed to her injuries.
During the trial, the Tribunal, observed that the insurance company, represented through its counsel Sajad Ahmad Shah failed to produce the insurance policy document indicating the commencement of risk, despite the document being material for deciding liability. The court held that withholding such a crucial document during proceedings amounted to suppression of important evidence, warranting imposition of costs on the insurer.
The Tribunal also criticised the manner in which the defence was conducted by the insurance company. It noted that the insurer had filed a lengthy written statement filled with unnecessary citations and irrelevant averments, which placed an avoidable burden on the judicial record and hindered the expeditious disposal of motor accident claim cases.
After examining witness testimonies, medical evidence and the police charge sheet, the Tribunal concluded that the accident occurred due to the rash and negligent driving of the bus driver. The tribunal further held that compensation under the Motor Vehicles Act must be fair and reasonable and aimed at restoring victims, as far as possible, to the position they were in before the accident.
Consequently, the Tribunal awarded ₹1,13,21,400 as compensation to the injured claimants and victims’ families along with interest at the rate of 8 percent per annum from the date of filing of the petitions until realization.
The compensation has been granted in favour of Mushtaq Ahmad Dar of Bon Mohalla Hakabara, Sumbal; Raja Begum of Hakabara Sonawari, Bandipora; Rafiqa Begum of Batagund Rakhi Hajin, Sumbal; and Parvaiz Ahmad Ganai of Dudbugh, Baramulla, who had sustained injuries in the accident.
The Tribunal also emphasised that motor accident compensation proceedings should remain focused on relevant facts to ensure speedy justice for victims of road accidents. (KDC)
