Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 08 July 2026
Case Overview
- Appeal No.: FMA 36 of 2025 filed by The National Insurance Company Limited (appellant) against the Judgment and Award dated 30 March 2022 passed by the Motor Accident Claims Tribunal‑cum‑Additional District Judge, 3rd (Special) Court, Jalpaiguri in MAC Case No. 240 of 2012.
- The original award under Section 163A of the Motor Vehicles Act, 1988 directed the insurer to pay Rs.3,54,000 to the legal heir of the deceased victim, Kamal Oraon.
- The appellant argued that the victim was a gratuitous passenger in the goods‑carrying truck (registration No. WB‑73‑7414), contending that this violated the insurance policy terms and that the Tribunal ignored Section 149 of the MV Act.
- The respondent (legal heir, represented by Ms. Supriya Singh and Ms. Shreyosi Roy) countered that the Tribunal correctly awarded compensation and that the insurer had previously paid compensation in related cases without objection.
- Evidence presented included the FIR, charge‑sheet (Exhibits 2 and 4), and oral testimony of P.W. 1, establishing that the victim was standing on the road when the truck overturned; the insurer neither raised the gratuitous passenger issue in its written statement nor cross‑examined the witness.
Final Outcome
- The High Court found the appellant's arguments unsubstantiated and held that the issue of a gratuitous passenger was never pleaded or addressed before the Tribunal.
- The appeal was dismissed as devoid of merit.
- The National Insurance Company Limited is directed to pay the awarded compensation of Rs.3,54,000 plus interest at 6% per annum from the date of filing of the application (26 June 2012) until realisation of the amount.
- Payment must be made by cheque and deposited before the Office of the Learned Registrar, Circuit Bench of Calcutta High Court at Jalpaiguri within one month of this order, if not already deposited.
- Upon receipt of the amount and applicable court fees, the Registrar shall release the compensation to the respondent after proper identification and verification.
- The appeal is dismissed without order as to costs; any connected applications are also disposed of.
- The judgment and trial court records are to be sent back to the lower court for information, and a certified copy will be provided to parties upon compliance with legal formalities.
Topics: Legal Judgment, Motor Accident Compensation