Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 13 August 2026

Case Overview

  • Parties: Appellant – Indusind General Insurance Co. Ltd; Respondents – Purabi Maity & Ors. (claimants). The case is cited as F.M.A. 874 of 2025 and C.O.T. 122 of 2025, arising from MAC Case No. 01 of 2014.
  • Accident Background: On 13‑05‑2013, victim Achalesh Maity was driving an S.B.S.T.C. bus (Reg. No. WB‑39A/5583) on NH‑2 near Gobinda Nagar, Asansol. A truck (Reg. No. JH/09E/3884) stopped abruptly without signal, causing the bus to collide. The victim and other passengers sustained severe injuries; the victim died on 14‑05‑2013 at 5:45 a.m. after being shifted to SSKM Hospital, Kolkata.
  • Initial Trial Court Order: The Special Court cum Additional District Judge, Asansol Paschim Bardhaman, dated 4 March 2025, awarded the claimants Rs 18,29,770 with simple interest at 6% per annum from filing date, directing the insurer to pay via three equal A/C‑payee cheques within 60 working days.
  • Appeal: Indusind General Insurance appealed, arguing contributory negligence of the victim and that the compensation was excessive. The claimants cross‑objected, contending no evidence of contributory negligence and that the trial judge erred in deducting provident fund from gross income.
  • Legal Submissions: The appellant relied on Khenei vs New India Assurance Co. Ltd. (2015) and Rashmirekha Tripathi vs The Branch Manager (Legal Claims) (Supreme Court). The respondents argued the charge sheet proved sole negligence of the truck driver and that the trial court correctly excluded any contributory negligence.
  • Court’s Findings on Negligence: The High Court found no evidence of victim’s contributory negligence; the police charge sheet identified the truck driver as solely responsible. Hence, the appellant’s reliance on Khenei was deemed inapplicable as that case dealt with composite negligence.
  • Quantum of Compensation: The court examined the victim’s salary details:
  • Gross Salary (May 2012‑Apr 2013): Rs 3,32,301
  • Income Tax deducted: Rs 9,973 (actual) – court assumed Rs 11,000 for four months missing
  • Profession Tax deducted: Rs 1,800 (assumed Rs 1,800)
  • Total deductions: Rs 12,800 → Net Salary: Rs 3,19,501
  • Projected 15% increase → Annual Income: Rs 3,67,426.15
  • One‑third for personal expenses → Dependency loss: Rs 2,44,950
  • Multiplier of 11 applied → Dependency loss: Rs 26,94,450
  • General damages: Rs 84,000
  • Calculated total: Rs 27,78,450
  • The Court deemed Rs 25,00,000 as just and reasonable.

Final Outcome

  • The appeal (FMA‑874 of 2025) and COT‑122 of 2025 are disposed.
  • The earlier award of Rs 18,29,770 is modified; claimants are entitled to Rs 25,00,000 from Indusind General Insurance Co. Ltd.
  • The insurer must deposit the amount with simple interest at 6% per annum from the date of filing the claim case until payment, within 8 weeks of communication of this order.
  • Deficit court fees on the enhanced compensation must be paid within 4 weeks before the Learned Trial Court.
  • The TCR (court‑record) shall be returned by special messenger at the claimants’ cost within one week.
  • An urgent photostat certified copy of the order, if applied for, will be made available upon compliance with requisite formalities.

Topics: Court Judgment, Motor Accident Compensation, Insurance Liability