Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar

Order Date: 22 September 2026

Case Overview

  • Appeal (Mac App No. 22/2025) filed by Bajaj Allianz General Insurance Company (legal executive Muneeb Ahmad Khan) against the Motor Accident Claims Tribunal, Srinagar award dated 30 August 2025.
  • Respondents: 1. Aijaz Ahmad Najar (pillion rider), 2. Bashir Ahmad Bhat (driver of Tavera JK01R‑6955), 3. Mohammad Sidiqq Harbool (owner of the Tavera).
  • Accident on 11 November 2016 near Pothkha: a motorcycle ridden by respondent 1’s cousin was hit by the Tavera driven by respondent 2; both were injured.
  • Disability certificates: cousin (driver) sustained 50% permanent disability; respondent 1 (pillion rider) sustained 5% disability, described as curable and not affecting livelihood.
  • Tribunal awarded Rs 5 lakh each as non‑pecuniary damages for pain & suffering, with interest at 9.5% per annum, payable by Bajaj Allianz.

Court Reasoning

  • Section 168 of the Motor Vehicles Act requires compensation to be “just and reasonable”, avoiding windfall or pittance.
  • Supreme Court in Raj Kumar v. Ajay Kumar (2011) outlined heads of damages and stressed objective assessment of compensation.
  • The Court observed that a 5% disability is minor, curable, and does not impair the claimant’s livelihood; therefore the Rs 5 lakh award is excessive.
  • Noted inconsistency: the same Rs 5 lakh was awarded to both claimants despite a 50% vs 5% disability disparity.
  • Cited precedents: Kavita v. Deepak (Rs 3 lakh for 90% disability), Raj Kumar v. Ajay Kumar (Rs 25,000 for 45% disability), Jagdish v. Mohan (Rs 2 lakh for loss of both hands), N. Suresh v. Yusuf Shariff (Rs 1 lakh for 90% disability). These illustrate that the Tribunal’s award and 9.5% interest are “unfair, unreasonable and illegal”.

Final Outcome

  • Appeal allowed; the impugned award is set aside.
  • Respondent 1 is entitled to Rs 50,000 as non‑pecuniary damages for pain & suffering and loss of amenities.
  • Interest is reduced to 6% per annum, payable from the date of filing of the claim petition until realization.
  • The entire compensation/award amount is to be paid by Bajaj Allianz General Insurance Company.

Topics: Court Judgment, Motor Accident Compensation