Excelsior Correspondent
SRINAGAR, Jan 21: After 18 years of litigation, the next kins of a labourer killed in an accident gets justice as the court awarded Rs 32 lakh compensation in their favour.
The Motor Accident Claims Tribunal (MACT), Srinagar, has awarded Rs 32.54 lakh along with interest as compensation to the family of a skilled labourer who died in a tractor-trolley accident in Reasi district in the year 2008.
The MACT court presided over by Fayaz Ahmad Qureshi, held the Insurance Company liable for compensation and accordingly directed the company to pay the compensation to the family of the deceased within 30 days.
Deceased Dev Raj, a skilled labourer, had hired a tractor-trolley to transport bajri for the construction of his house. While travelling in the trolley as the owner of the goods, the vehicle met with an accident near Zero Morh, Chasana, after the driver lost control due to rash and negligent driving.
The trolley plunged into a deep gorge, causing fatal injuries to Dev Raj, who died while being taken to hospital.
An FIR under Sections 279, 337 and 304-A RPC was registered at Police Station Reasi.
The Tribunal rejected the contentions of the Insurance Company that Raj was travelling unauthorizedly in the offending vehicle and there was no insurance cover for covering the risk of occupants or passengers travelling in the offending vehicle.
The insurance company, the Tribunal said, failed to prove breach of policy conditions regarding driving licence, permit, or unauthorized occupancy.
Rejecting the insurer’s objections, the Tribunal ruled that the insurance policy covered the risk involved and that the insurer was legally bound to indemnify the owner.
The Tribunal held family of deceased Raj which include his wife, minor daughter and three sons-entitled to a compensation of RS 32,54,000 along with interest at the rate of 8% from the date of the institution of the claim petition i.e 04-05-2016 till its realization in full.
The court directed the Insurance Company to pay the entire amount along with interest within a period of 30 days failing which the award amount due shall be recoverable at the rate of 10% from the expiry of the time granted for paying the compensation.
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