
The Tribunal, presided over by District and Sessions Judge and MACT Presiding Officer Fayaz Ahmad Qureshi, awarded Rs 58,50,282 in compensation along with interest, providing relief to the family of Syed Javed Nazir, who died in a road accident in Ramban district in 2013.
The award, dated October 21, 2026, was passed in Motor Accident Claims Petition No. 450/2018. Nazir, a Junior Engineer associated with the Baglihar Hydel Project, died in an accident near Digdol in Ramban on July 30, 2013. He was survived by his widow, two minor daughters and elderly parents, who pursued the compensation claim for over a decade.
A key issue before the Tribunal was whether the legal heirs of a deceased person who was both the owner and driver of an insured vehicle could seek compensation from the insurance company when no other vehicle was involved in the accident.
The insurance company opposed the claim. However, the Tribunal interpreted the Motor Vehicles Act, 1988, in light of its social welfare objectives and referred to Supreme Court judgments, including Ningamma versus United India Insurance Company Limited and Oriental Insurance Company Limited versus Rajni Devi.
The Tribunal held that the deceased's legal representatives could maintain the claim and should not be denied compensation solely because the deceased was driving his own vehicle at the time of the accident.
Advocate Sajad Ahmad Mir, representing the claimants, assisted the Tribunal through legal submissions and written arguments addressing the maintainability of the petition and the family's entitlement to compensation.
The awarded amount covers loss of dependency, funeral expenses, loss of estate and consortium for the surviving family members, including the widow, daughters and parents.
The insurance company has been directed to deposit the compensation within 30 days, with interest at 9 per cent per annum calculated from May 5, 2015, until realisation. The interest rate will increase to 12 per cent per annum if the payment is not made within the prescribed period.
The ruling has drawn attention for its interpretation of motor accident compensation law and its emphasis on protecting the interests of dependants who lose their primary earning family member in a road accident.
The Tribunal, presided over by District and Sessions Judge and MACT Presiding Officer Fayaz Ahmad Qureshi, awarded Rs 58,50,282 in compensation along with interest, providing relief to the family of Syed Javed Nazir, who died in a road accident in Ramban district in 2013.
The award, dated October 21, 2026, was passed in Motor Accident Claims Petition No. 450/2018. Nazir, a Junior Engineer associated with the Baglihar Hydel Project, died in an accident near Digdol in Ramban on July 30, 2013. He was survived by his widow, two minor daughters and elderly parents, who pursued the compensation claim for over a decade.
A key issue before the Tribunal was whether the legal heirs of a deceased person who was both the owner and driver of an insured vehicle could seek compensation from the insurance company when no other vehicle was involved in the accident.
The insurance company opposed the claim. However, the Tribunal interpreted the Motor Vehicles Act, 1988, in light of its social welfare objectives and referred to Supreme Court judgments, including Ningamma versus United India Insurance Company Limited and Oriental Insurance Company Limited versus Rajni Devi.
The Tribunal held that the deceased's legal representatives could maintain the claim and should not be denied compensation solely because the deceased was driving his own vehicle at the time of the accident.
Advocate Sajad Ahmad Mir, representing the claimants, assisted the Tribunal through legal submissions and written arguments addressing the maintainability of the petition and the family's entitlement to compensation.
The awarded amount covers loss of dependency, funeral expenses, loss of estate and consortium for the surviving family members, including the widow, daughters and parents.
The insurance company has been directed to deposit the compensation within 30 days, with interest at 9 per cent per annum calculated from May 5, 2015, until realisation. The interest rate will increase to 12 per cent per annum if the payment is not made within the prescribed period.
The ruling has drawn attention for its interpretation of motor accident compensation law and its emphasis on protecting the interests of dependants who lose their primary earning family member in a road accident.
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