Bajaj Allianz Appeal Upholds Compensation, Interest 6%

Authority: Calcutta High Court (Civil Appellate Jurisdiction)

Order Date: 28 July 2026

Appellant: Bajaj Allianz General Insurance Co. Ltd.
Respondents: Rajni Singh (also referred to as Rajni @ Rajni Singh) and Raj Kumar Singh.
Appeal filed as F.M.A. 357 of 2024, IA No: CAN/3/2019 (Old No: CAN/9363/2019), CAN/4/2023, challenging the Judgment and Award dated 23 February 2017 passed by Learned Judge Bench‑II, City Civil Court Calcutta in MAC Case No. 675 of 2009.
Underlying accident occurred on 22‑04‑2009 (or 23‑04‑2009) on Strand Road, where the victim motorcyclist was allegedly dashed by a vehicle, later identified as a truck by the victim before death.
Trial court awarded Rs 5,31,000 to Rajni Singh and Rs 5,26,000 to Raj Kumar Singh with interest at 9% per annum, directing Bajaj Allianz to pay via two a/c‑payee cheques within sixty days.
Bajaj Allianz appealed, disputing vehicle identification, FIR delay (FIR lodged 01‑06‑2009, 37 days after accident), and the quantum of compensation.
The Court examined FIR, witness depositions, medical records, and relevant precedents (Bimla Devi vs HRTC, Putul Baksi vs National Insurance Co.).

The High Court finds no error in the trial court’s determination of principal compensation; the award of Rs 5,31,000 and Rs 5,26,000 stands affirmed.
Interest rate is reduced from 9% to 6% per annum, deemed reasonable.
Bajaj Allianz General Insurance Co. Ltd. must deposit the total compensation plus interest at 6% from the date of filing the claim until payment, within eight weeks of this order, before the Registrar General, Calcutta High Court.
Upon compliance, claimants may withdraw the compensation; any surplus with accrued interest will be returned to the insurer.
The order also directs that a certified copy of the order be made available to parties upon request.

Topics: Motor Accident Compensation, Insurance Liability