Authority: High Court at Calcutta, Civil Appellate Jurisdiction

Order Date: 28 September 2026

Case Overview

  • Parties: Appellants – Soma Das and another (claimants); Respondents – Manager, Magma HDI General Insurance Company Limited and another.
  • Nature of Proceeding: Appeal (FMA 1132 of 2021) against the judgment and order of the Motor Accident Claims Tribunal, VIIth Bench, City Civil Court, Calcutta dated 16 August 2018 in MAC Case No. 317 of 2014.
  • Background: On 19‑08‑2014 a 5‑year‑old girl, Shinjini (Srinjini) Das, was fatally injured when a truck (WB‑23C‑2832) rear‑ended her motorcycle (WB‑24F‑8109). The claim was filed under Section 163A of the Motor Vehicles Act, 1988. The Tribunal awarded Rs 3,49,500 (including interest) to the claimants and directed payment by the registered owner‑driver of the truck, exonerating Magma HDI Insurance.
  • Contentions: Claimants argued the Tribunal erred by (i) limiting compensation below the minimum Rs 5,00,000 prescribed by the amended Schedule II (effective 22 May 2018), (ii) ignoring the insurer’s contractual liability, and (iii) misapplying the principle of pay‑and‑recover.
  • Evidence: FIR, seizure list, charge‑sheet, insurance policy, post‑mortem report, and other documents were admitted.
  • Legal Precedents Cited:
  • Gazette Notification S.O. 2022(E) dated 22 May 2018 amending Schedule II to fix death compensation at Rs 5,00,000.
  • Urmila Halder (SCC OnLine Cal 11751) – held that the new schedule applies to pending claims/appeals.
  • Supreme Court judgment The New India Assurance Co. Ltd. vs. Urmila Halder (2024 SCC OnLine SC 4983) – affirmed enhanced compensation to Rs 5,00,000.
  • Supreme Court judgment Reliance General Insurance Co. Ltd. vs. Om Prakash (2026 SCC OnLine SC 1445) – reiterated the principle of pay‑and‑recover and insurer’s right to recover from driver.

Final Outcome

  • The Court held that the amended Schedule II is applicable to the appeal and therefore the claimants are entitled to the minimum compensation of Rs 5,00,000.
  • Interest at 6 % per annum is to accrue from the date of filing of the claim application until full realization.
  • The insurance company (Magma HDI General Insurance Co. Ltd.) must deposit the compensation amount, together with interest, with the Registrar General within six weeks of this order.
  • The Registrar General is directed to disburse the amount equally between the two claimants.
  • No order as to costs was made.
  • The insurer is at liberty to take steps in accordance with law to recover the amount from the driver/owner of the offending vehicle, as per the principle of pay‑and‑recover.

Topics: Compensation Award, Motor Vehicles Act Amendment, Insurance Liability