Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 10 July 2026
Case Overview
- Parties: Appellants Anju Sarkar & Ors. vs Respondent New India Assurance Company Limited.
- The appeal sought correction of a typographical error in the judgment dated 9 July 2026 concerning the calculation of compensation.
- The error involved the future prospect component, where the court had used 40% of the victim’s income instead of the tribunal‑assessed 50%.
- No objection was raised by the respondent to the correction.
Correction Details
- Monthly income of the victim: Rs.13,043; Annual income: Rs.1,56,516.
- Future prospect calculated at 50% of annual income: Rs.78,258.
- Total income before deductions: Rs.2,34,774.
- Deduction of one‑third for personal and living expenses: Rs.78,258, leaving Rs.1,56,516.
- Loss of dependency: Rs.1,56,516 × 18 (multiplier) = Rs.28,17,288.
- Additional heads: Estate loss Rs.15,000; Funeral expenses Rs.15,000; Parental consortium loss Rs.40,000; Spousal consortium loss Rs.40,000; Filial consortium loss Rs.40,000.
- Total revised compensation: Rs.29,67,288.
Enhanced Compensation
- Difference between revised amount and original award (Rs.26,76,512) equals Rs.2,90,776.
- Interest at 6% per annum is to accrue from 26 February 2018 to the date of final payment on both the enhanced amount and the original award.
Final Outcome
- Respondent New India Assurance Company Limited is directed to deposit Rs.2,90,776 together with the applicable interest by way of cheque to the Registrar, Circuit Bench, within four weeks of this order.
- Paragraphs 16 and 17 of the original judgment, as well as the calculation sheet, are to be corrected accordingly.
- All other portions of the 9 July 2026 judgment remain unchanged and the order forms part of that judgment.
Topics: Compensation Correction, Insurance Litigation, Court Order