Authority: High Court at Calcutta

Order Date: 11 August 2026

Case Overview

  • Parties: Appellant – IndusInd General Insurance Co Ltd (erstwhile Reliance General Insurance Co Ltd); Respondents – Jaya Dey and Goutam Dey (representing the deceased, Vivek Dey).
  • Accident Details: On 18‑12‑2020, victim Vivek Dey was riding a motorcycle (WB‑74AS/7755) when a dumper truck (WB‑76‑A/8884) traveling at high speed lost control and struck him, causing fatal injuries. He succumbed to injuries on 23‑12‑2020.
  • Trial Court Decision: Additional District Judge, Islampur, Uttar Dinajpur, awarded Rs 38,82,520 with interest at 5% per annum to the claimants (order dated 13‑03‑2024).
  • Grounds of Appeal: The insurer argued (i) FIR was lodged four days after the accident, (ii) fitness certificate of the truck was invalid, (iii) Pollution Under Control certificate validity, (iv) alleged contributory negligence because the victim was not wearing a helmet, and (v) dispute over the method of calculating the deceased’s income.
  • Evidence Considered:
  • No evidence was produced to substantiate contributory negligence; the eye‑witness testimony did not implicate the victim.
  • Mechanical expert report found no defect in the offending vehicle; fitness certificate was valid until 27‑08‑2020.
  • Income Tax Returns for AY 2017‑18 (Rs 11,59,882) and AY 2018‑19 (Rs 15,06,571) were submitted; the trial court used an average annual income of Rs 3,20,380 for compensation calculation, consistent with Supreme Court guidance in Rashmirekha Tripathy v. Shriram General Insurance.
  • Court’s Reasoning: The High Court held that a four‑day delay in filing the FIR is not fatal, the fitness certificate’s validity does not absolve the insurer, and the lack of evidence on helmet non‑use precludes a finding of contributory negligence. The trial court’s compensation amount was deemed reasonable.

Final Outcome

  • The award is modified: claimants are entitled to Rs 38 lakhs (rounded) plus interest at 5% per annum from the date of filing the claim until payment.
  • The insurer must deposit the amount within eight weeks of this order with the Registrar General, Calcutta High Court.
  • If the compensation has already been deposited, no further payment is required; any excess amount with accrued interest must be returned to the insurer.
  • The order clarifies that the term “Reliance General Insurance Company Limited” shall be read as IndusInd General Insurance Company Limited due to the merger.
  • Claimants may withdraw the compensation after completing the required formalities.

Topics: Motor Accident Compensation, Insurance Liability