Srinagar: The Motor Accident Claims Tribunal in Srinagar has directed Oriental Insurance Company to pay Rs 58,50,282, with 9 percent annual interest, to the family of an engineer who died when his car plunged into a gorge in Ramban more than thirteen years ago.
The award, delivered Wednesday by Presiding Officer Fayaz Ahmad Qureshi, settles a claim filed in 2015 by the widow, two minor daughters and elderly parents of Syed Javed Nazir, a junior engineer at the Baglihar Hydel Project.
Nazir was driving his Hyundai Santro from Srinagar to Chandrakot on July 30, 2013, when the vehicle went out of control near Digdol on NH-1A and fell 300 to 400 metres. He died on the spot. Police registered an FIR under rash-driving provisions but closed the investigation, and the Tribunal found nothing on record to support that version.
The insurer argued that Nazir, as both owner and driver, could not claim against his own policy, and that liability was limited to Rs 2 lakh under a personal accident cover. The Tribunal noted the objection was raised only during arguments, not in the written statement.
Rejecting the contention, the Tribunal held that legal heirs of an owner-cum-driver who was not at fault can claim under Section 166 of the Motor Vehicles Act.
It relied on Supreme Court rulings, including a 2025 decision in Majusha v. United India Insurance, which allowed an unlimited claim by a driver’s family despite a Rs 2 lakh personal accident cap.
It also cited a September 14, 2026 ruling of the High Court of J&K and Ladakh holding that comprehensive policies cover owners and occupants.
“Legal representatives of any person will not be deprived of just compensation due to technical classifications,” the Tribunal observed, adding that the purpose of the law is to prevent destitution among victims’ dependents.
The compensation was calculated using the Sarla Verma and Pranay Sethi formulas.
Nazir, a permanent employee, was found to be 41 at the time of death, with a net monthly salary of Rs 34,031.
Adding 30 percent for future prospects brought his income to Rs 44,240 a month, or Rs 5,30,884 a year.
After a one-fourth deduction for personal expenses, given five dependants, annual dependency came to Rs 3,98,163. Applying a multiplier of 14, loss of dependency was fixed at Rs 55,74,282.
The Tribunal added Rs 18,000 each for funeral expenses and loss of estate, and Rs 2.4 lakh for loss of consortium at Rs 48,000 each to the widow, two daughters and two parents, bringing the total to Rs 58,50,282.
The Rs 2 lakh payable under the personal accident cover is to be adjusted against the total, since it insures the same risk.
The insurer must pay within 30 days. Failing that, interest rises to 12 percent from the expiry of the deadline.
The Tribunal described the family as left in a “shocking state” by a single unfortunate incident, noting the petitioners include two minor daughters, then aged 6 and 3.
