Authority: Supreme Court of India, Civil Appellate Jurisdiction (Justices Prashant Kumar Mishra & Shree Chandrashekhar)
Order Date: 13 July 2026
Case Overview
- Parties: Appellant/claimant Madhabi Das vs. Oriental Insurance Company Limited (respondent) and others.
- Origin: Claim petition filed under SLP(Civil) No.35928/2025, arising from death of Dipak Das, a 25‑year‑old vegetable vendor, in a road accident on 24‑06‑2019.
- Prior awards: Motor Accident Claims Tribunal (MACT) fixed notional income at Rs 5,000 per month; High Court modified to Rs 6,000 per month.
- Arguments: Respondent argued deceased was unskilled, citing West Bengal Minimum Wage Notification (Rs 7,176 for unskilled Zone‑B) and contended claim of Rs 9,000 per month unacceptable; also claimed Sarathi Barman judgment did not lay down principle of law.
- Court reference: Supreme Court relied on its earlier judgment in Civil Appeal No.2138 of 2026 (Smt. Sarathi Barman vs. Reliance General Insurance Ltd.) where deceased was also a vegetable vendor, and upheld the principle of granting lump‑sum compensation.
Final Outcome
- Appeal allowed in part; compensation enhanced to a lump‑sum amount of Rs 14,00,000 with interest at the rate awarded by MACT.
- Oriental Insurance Company Limited directed to pay the balance amount (the High Court amount already paid) directly into the bank account of the appellant/claimant within three months, upon receipt of account details.
- All pending applications, if any, stand disposed.
Topics: Compensation, Insurance Litigation