Baramulla tribunal directs insurer to pay compensation with 6% annual interest
TAUSEEF AHMAD
BARAMULLA, Oct 29: The Motor Accident Claims Tribunal (MACT), Baramulla, has awarded compensation of ₹74,35,892 to the family of Tanveer Ahmad Sofi, a 54-year-old Assistant Lineman in the Public Health Engineering (PHE) Department who died in a road accident at Mirgund on April 8, 2024. The tribunal has also directed the insurance company to pay simple interest at the rate of 6 per cent per annum from the date the compensation petition was filed until the amount is fully realised.
Presided over by Principal District Judge Jawad Ahmad, the tribunal allowed the compensation petition filed by the deceased’s widow, Sumaira, their two minor children, and his parents under Section 166 of the Motor Vehicles Act, 1988. The award, according to the Tribunal’s judgement, a copy of which is in possession of Kashmir Despatch dated June 30, 2026, directs IFFCO Tokio General Insurance Company Ltd to deposit the awarded amount with the tribunal within six weeks for disbursement among the claimants.
According to the claim petition, Sofi was travelling on his motorcycle along the National Highway when a goods carrier bearing registration number JK02BD-2997 hit him at Mirgund. He sustained severe head injuries and injuries to other vital parts of his body. He was shifted to the Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar, where he was declared brought dead on the same day.
Following the accident, FIR No. 108/2024 was registered at Police Station Pattan under Sections 279 and 304-A of the Ranbir Penal Code. The tribunal examined the evidence presented by the claimants, including eyewitness accounts and the police final report, before concluding that the accident had occurred due to the rash and negligent driving of the goods carrier by its driver, Farooq Ahmed Bhat.
The claimants submitted that Sofi was the sole breadwinner of the family and was drawing a monthly salary of ₹63,688 as an Assistant Lineman in the PHE Department. His death, they contended, deprived his widow, children and elderly parents of their principal source of financial support. They had initially sought compensation of ₹2.03 crore.
The owner and driver of the offending vehicle denied responsibility for the accident and argued that it had occurred due to the deceased’s own negligence. The insurance company also contested the claim, disputing aspects of the petition and questioning whether the driver possessed a valid and effective driving licence.
However, after examining the evidence, the tribunal held that the respondents had failed to establish negligence on the part of the deceased. The court noted that the eyewitnesses supported the claimants’ version of events and that the police investigation attributed the accident to the rash and negligent driving of the goods carrier. The respondents had not produced sufficient oral or documentary evidence to substantiate their allegation that the motorcyclist was responsible for the accident.
The tribunal also rejected the insurance company’s contention regarding the driver’s licence, observing that the insurer had failed to produce evidence establishing that the driver was not holding a valid licence at the time of the accident. The insurance company’s own witness had attributed the accident to the negligent driving of the offending vehicle.
While calculating the compensation, the tribunal took Sofi’s age as 54 years and accepted his monthly salary of ₹63,688 on the basis of the last pay certificate produced before it. An addition of 15 per cent was made to his income towards future prospects, taking his monthly income to ₹73,241.
After deducting one-fourth of the income towards his personal expenses, the tribunal assessed the monthly contribution to the family at ₹54,931. Applying a multiplier of 11, in accordance with the principles laid down in the Supreme Court’s judgment in Sarla Verma, it calculated the loss of income at ₹72,50,892.
In addition to the loss of income, the tribunal awarded ₹50,000 to the widow towards consortium, ₹40,000 towards funeral expenses, ₹30,000 for loss of estate, ₹15,000 towards transportation of the deceased’s body from SKIMS Soura to Kreeri, and ₹50,000 towards loss of love and affection.
These amounts brought the total compensation to ₹74,35,892, inclusive of the assessed heads of damages.
In its final order, the tribunal held that the goods carrier was covered by a valid insurance policy on the date of the accident. Consequently, it directed IFFCO Tokio General Insurance Company Ltd, as the insurer of the offending vehicle, to pay the awarded compensation on behalf of the vehicle owner.
The tribunal further directed that the widow receive the consortium amount of ₹50,000, while the remaining compensation be apportioned among the claimants according to their respective shares under their personal law. The shares of the two minor children are to be deposited in fixed deposits with a nationalised bank through their mother until they attain the age of majority.
The award also specifies that any interim compensation already granted, if applicable, will be included in the total amount, and that court fee will have the first charge on the awarded sum.
With the award, the tribunal has recognised the financial loss suffered by Sofi’s family following his death and directed the insurer to fulfil its obligation under the insurance contract. The compensation, together with the prescribed interest, is intended to provide financial support to the surviving dependants of the deceased government employee.
