Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 03 July 2026
Case Overview
- Appeal No. FMA/2/2026 filed by New India Assurance Company Ltd (appellant) against the Judgment and Award dated 5 May 2025 passed by the Motor Accident Claims Tribunal‑cum‑Additional District Judge, 2nd Court, Siliguri (M.A.C. Case No. 63 of 2017).
- The original tribunal award granted compensation of Rs 16,95,000 to the claimants, payable only by opposite party No. 2 (an insurance company), with interest at 4% per annum from the filing date of the application (19 Aug 2017) until realization.
- Accident details: on 13 Mar 2017, at about 3.00 p.m., victim Pradip Sarkar was fatally injured when a truck bearing registration No. WB73C‑1443, driven negligently, struck him at Bhujari Para.
- Claimants produced four eyewitnesses, a certified post‑mortem report, FIR, complaint, seizure list, and the insurance policy.
- Tribunal assessed the victim’s notional monthly income at Rs 8,000, based on prevailing economic conditions and market prices, and awarded compensation accordingly.
- Appellant counsel argued that the Tribunal had no documentary proof of the victim’s actual income and that the notional income should be reduced to Rs 6,000 per month, citing precedents (Angad Tiwari vs National Insurance Co. Ltd., 2025 ACJ 312; Hachhen vs United India Insurance Co. Ltd., 2026 T.A.C. 850 (Cal.)).
- Respondent counsel countered that the Tribunal correctly considered the victim as a businessman (supported by a trade licence for a hotel‑restaurant) and cited a Labour Commissioner circular dated 24 Jan 2017, which fixed unskilled labour wages for Zone ‘A’ at Rs 7,546 per month, thereby justifying the Rs 8,000 assessment.
- The Court found no dispute regarding the accident or the compensation amount under other heads; the sole issue was the correctness of the income assessment.
- Observing that the victim’s business status was established and that the Tribunal’s Rs 8,000 figure was a reasonable round‑off above the statutory unskilled‑labour wage, the Court held the Tribunal’s assessment proper.
Final Outcome
- The appeal (FMA 2 of 2026) is dismissed without order as to costs; the original judgment and award dated 5 May 2025 is affirmed.
- The insurance company is directed to deposit the entire awarded amount, less the Rs 25,000 already paid as a statutory deposit, within two months of this judgment, before the Learned Registrar, Circuit Bench of Calcutta High Court at Jalpaiguri.
- The Registrar is directed to disburse the compensation to the claimants in the manner stipulated by the Tribunal.
- All interim orders, if any, are vacated; the order is to be downloaded from the official court website, and certified copies will be issued upon compliance with formalities.
Topics: Motor Accident Compensation, Insurance Law