Srinagar: The Motor Accident Claims Tribunal (MACT) here on Monday awarded a compensation of around Rs 32.54 lakhs along with eight percent interest to a widow and her four children to be paid by Bajaj Allianz General Insurance Co. Ltd.
The compensation has been awarded in lieu of the death of Dev Rajm, the husband of the widow and their children, due to the skidding of a tractor trolly he was travelling in, into a deep gorge in Mahorem Reasi of Jammu in 2008.
District & Sessions judge Fayaz Ahmad Qureshi, also the Presiding Officer, MACT Srinagar said, “In the attending facts and circumstances of the instant case, this Tribunal has come to the conclusion on the basis of the above-mentioned principles as laid down by Hon’ble Supreme Court of India and various judgments, that the just compensation is ₹ 32,54,000.”
The Tribunal held that it was due to the offending trolly which led to the occurrence of the accident and the same is insured with respondent No 3 — Bajaj Allianz General Insurance Co. Ltd.
It said “there is no breach of the insurance policy, and as such, it shall be the respondent No. 3 (insurance company) which is liable to pay the compensation amount to the petitioners.”
“The petitioners, Satya Devi, wife, Dev Raj; Harpeet Kour, daughter; Amrek Singh, Mandeep Singh and Abijeet Singh, sons, of the deceased are held entitled to receive a compensation amount of ₹32,54,000 along with interest at the rate of 8 percent from the date of the institution of this claim petition i.e 04-05-2016 till its realization in full, which this Tribunal feels is the just compensation in the attending facts and circumstances of the case,” recorded judge Qureshi.
He ordered that the insurer shall pay the entire amount along with interest within a period of 30 days from the date of this award, failing which the award amount due shall be recoverable at the rate of 10 percent interest from the expiry of 30 days’ time granted for paying the compensation.
Interestingly, he ordered “the shares of the petitioners shall be apportioned as per law applicable to the parties”.
The deceased, according to the judgment, was constructing his house for which he required sand. He hired a trolly on December 18, 2008 to transport ‘bajri’ (gravel). The bajri was loaded in the trolley and as advised by the driver of the offending trolly, the deceased also boarded the trolly to navigate the way to his home where the bajri had to be unloaded.
“However, the trolley fell into a deep gorge near Zero Morh Chasana as it went out of control of the driver who was driving it at high speed, rashly, negligently and carelessly”.
The deceased fell down from the trolley and got seriously injured in the accident and subsequently, succumbed to the injuries on the way to hospital.
A case was registered under Sections 279, 337, and 304-A RPC.
The deceased was a 25-years old, healthy skilled labourer, earning approximately ₹15,000 per month, said the petitioners.
They claimed an amount of ₹35 lakhs as compensation.
The insurance company objected to the claim on the ground that the deceased was travelling unauthorized in the offending vehicle bearing IDV No. 362221 and there was no insurance cover for covering the risk of occupants/passengers travelling in the offending vehicle.
It further contended “it had not received any premium, from the owner of the offending vehicle, for covering the risk of the occupants, passengers, class of the persons of such type travelling as an occupant, passenger in the vehicle, and as such, in view of the settled position of law, the insurance company is not liable”.
The Tribunal held “the deceased was travelling in the trolley as owner of the sand (bajri) required by him for construction of his house, and as such, he is not a gratuitous passenger”.
