Authority: High Court at Calcutta (Civil Appellate Jurisdiction)

Order Date: 19 June 2026

Case Overview

  • Appellant: Cholamandalam MS General Insurance Company Limited.
  • Respondents/Claimants: Narayan Dey and Smt. Archana Dey (parents of the deceased Koushik De).
  • Original Suit: MAC Case No‑1023 of 2023 under Section 166 of the Motor Vehicles Act, 1988, decided by the Learned Additional District Judge, 1st Court, South 24 Parganas, Alipore (judgment dated 19 August 2025).
  • Accident Details: Occurred on 31 August 2023 at approximately 03:30 hrs. The offending vehicle, a Tata Intra bearing registration WB‑23F/7262, was driven at high speed on Kalyani Road, struck pedestrian Koushik De near the Indian Gas Godown, Ghola Police Station. The victim was taken to Panihati State General Hospital where he was declared dead.
  • Trial Court Award: Compensation of Rs 31,45,000 (Rs 31.45 L) with interest at 6 % per annum from the date of filing of the claim application, directed the insurance company to deposit the amount within 60 days.
  • Grounds of Appeal: The insurance company argued that the post‑mortem report indicated the deceased was riding a motorbike, that no bike was seized, and that eyewitness P.W. 2 reached the spot within two minutes, suggesting he did not witness the accident. The claimants contended that the post‑mortem remark alone was insufficient and that other evidence supported their claim.
  • Court’s Reasoning: The Court held that the post‑mortem observation alone does not negate the claimants’ case, noting the absence of a bike at the scene and the father's testimony that his son never rode a bike. The Court found P.W. 2’s statement about reaching the spot within two minutes does not preclude him from having witnessed the accident. The evidence, taken as a whole, supported the trial court’s findings. Relevant precedents cited include Sumita and others v. Rajasthan State Road Transport Corporation (2020), National Insurance Company Ltd. v. Chamundeswari (2021), and Sucheta Mishra v. Divisional Manager National Insurance Co. Ltd. (2023).

Final Outcome

  • The appeal (FMA 1854 of 2025) is dismissed.
  • The judgment and award of Rs 31,45,000 with interest, passed by the Additional District Judge, is affirmed.
  • The insurance company must deposit the compensation before the Registrar General; if not already deposited, it must be deposited within eight weeks from the communication of this order.
  • Claimants may withdraw the deposited amount after completing necessary formalities.
  • An urgent certified copy of the order will be made available to parties upon compliance with requisite formalities.

Topics: Court Judgment, Motor Accident Compensation, Insurance Liability