Authority: Calcutta High Court

Order Date: August 01, 2026

Case Overview

  • Parties: Appellant – National Insurance Company Limited; Respondent/Claimant – Surjendu Bikash Jana (and another). The case arises from a motor accident that occurred on 28‑11‑2017 when a motorcycle (registration No. WB‑34AK/8299) struck the claimant, causing severe injuries and eventual below‑knee amputation of the right leg.
  • Medical expenses incurred totalled approximately Rs 400,000, and the claimant became fully handicapped.
  • The trial court (Additional District Judge, 4th Court, Paschim Medinipur) in MAC Case No. 394 of 2018 awarded Rs 20,23,522 to the claimant on 31‑07‑2024.
  • The insurer appealed (FMA 1486 of 2024) alleging (a) delay in filing the FIR (approximately 16 days after discharge), (b) insufficient proof of the claimant’s income (claimed Rs 10,000 per month), and (c) that the compensation was excessive.
  • The claimant cross‑objected, arguing the FIR delay was justified due to prolonged hospitalization and that future earning prospects should be considered, seeking a higher award.
  • The High Court examined precedents on FIR delays, accepted the claimant’s income evidence corroborated by witness PW‑4 Chandan Bera, and agreed that future earning prospects must be factored.
  • Calculations by the Court:
  • Base monthly income: Rs 10,000.
  • Added 25% for future prospect → Rs 12,500 per month (Rs 1,62,500 per year).
  • Disability assessed at 50% with a multiplier of 15 → Loss of earning capacity = Rs 12,18,750.
  • Additional heads of compensation:
  • Compensation during treatment period: Rs 1,50,000
  • Medical expenses: Rs 3,33,522
  • Transportation charges: Rs 50,000
  • Pain and suffering: Rs 200,000
  • Loss of amenities and comfort: Rs 1,50,000
  • Total computed by arithmetic: Rs 21,02,272.
  • The Court deemed Rs 21,00,000 as a just and reasonable award.

Final Outcome

  • The appeal is disposed; the trial court’s award is modified to Rs 21,00,000 payable by National Insurance Company Limited.
  • Interest at 6% per annum is to accrue from the date of filing the claim until payment.
  • The insurer must deposit the Rs 21 lakh plus interest with the Registrar General, Calcutta High Court within eight weeks of this order.
  • Any deficit court fees arising from the enhanced compensation must be paid within four weeks.
  • Upon compliance, the claimant may withdraw the compensation; an urgent certified copy of the order will be provided upon request.

Topics: Motor Accident Compensation, Insurance Liability