Authority: High Court at Calcutta

Order Date: July 17, 2026

Case Overview

  • Parties: Claimants – Soma De (widow of deceased Dr. Abhijit De), Debarchan De, Chhaya De; Respondents – New India Assurance Company Limited, United India Insurance Company Limited, and vehicle owners Sanjib Roy & Ranjit Kumar Mondal.
  • Background: On 09‑05‑2018 a dumper (Reg. No. WB‑67B‑3333) driven rashly collided with a Maruti Swift Dzire (Reg. No. WB‑38X‑7873) near Junbedia, Bankura Bypass Road. Dr. Abhijit De died; Dr. Amitava Roy sustained injuries.
  • Initial Trial Court (City Civil Court, Calcutta) awarded each claimant approximately Rs 29.9 lakh, directing each insurer to pay Rs 14.96 lakh per claimant within two months, with 4% interest on default.
  • Appeals:
  • FMA‑120 of 2024 – filed by New India Assurance, contending that only the dumper driver was negligent, that the victim was a gratuitous passenger not covered without extra premium, and that the trial court erred in assigning composite negligence.
  • FMA‑201 of 2024 – filed by the claimants, arguing that the trial court ignored the deceased’s Income Tax Return and that compensation should be higher.
  • Arguments considered:
  • Evidence of eye‑witness P.W. 2 confirmed the dumper’s rash driving as the primary cause.
  • Police report and charge‑sheet listed both drivers as liable; the court found no basis to overturn this.
  • The policy existed; the insurer did not dispute liability nor the absence of extra‑premium payment, so the gratuitous‑passenger exemption plea was rejected.
  • Supreme Court precedents (e.g., Smt. Anjali vs Lakendra Rathod) require reliance on Income Tax Returns for income estimation.
  • Claimants’ Income Tax Return showed Gross Total Income Rs 17,97,973; Net Annual Income Rs 14,98,318; Dependency loss calculated to Rs 1,27,79,815; plus Rs 1,10,000 for loss of consortium, estate, funeral, totaling Rs 1,28,89,815.
  • The Court deemed Rs 1 crore “just and reasonable” considering the deceased’s pension of Rs 69,000 per month.

Final Outcome

  • Appeal FMA‑120 (New India Assurance) is dismissed.
  • Appeal FMA‑201 (claimants) is disposed.
  • The original judgment dated 30‑Aug‑2023 is modified: claimants entitled to Rs 1 crore total, to be paid equally by New India Assurance and United India Insurance (Rs 50 lakh each).
  • Interest at 6% per annum is applicable from the date of filing the claim until payment.
  • Each insurer must deposit the Rs 50 lakh with interest before the Registrar General, High Court, Calcutta within three months of this order.
  • Upon compliance, claimants may withdraw the compensation after completing required formalities.

Topics: Motor Accident Compensation, Insurance Liability