Srinagar, September 25: The Jammu and Kashmir and Ladakh High Court has reduced the compensation awarded to a road accident victim for pain, suffering and loss of amenities from ₹5 lakh to ₹50,000, holding that compensation should be fair and reasonable and based on the circumstances of each individual case.
Justice Rajesh Sekhri passed the order while partly allowing an appeal filed by Bajaj Allianz General Insurance Company against a Motor Accident Claims Tribunal, Srinagar award.
The case involved a motorcycle and a Tavera vehicle. One injured person suffered 50% permanent disability, while Aijaz Ahmad Najar, who was riding pillion, was assessed to have 5% disability. The Tribunal had awarded ₹5 lakh each to the two claimants for pain, suffering and trauma.
The High Court observed that the same compensation could not be mechanically applied to claimants whose injuries and disabilities differed substantially. It also reduced the interest rate applicable to the compensation from 9.5% to 6% per annum.
