Authority: High Court at Calcutta

Order Date: 17 July 2026

Case Overview

  • Parties: The appellant is The Oriental Insurance Co. Ltd.; the respondents are Anima Mondal & Ors., representing the deceased Birkamal Mondal.
  • Proceedings: Appeal (F.M.A. 571 of 2024) against the Judgment and Award dated 17‑01‑2024 passed by the Additional District Judge, 13th Court, Alipore South, 24 Parganas (MACC No. 808 of 2021).
  • Accident Facts: On 18‑04‑2021, at ~23:00 hrs, a pickup van (Reg. No. WB‑97‑3754) driven rashly at high speed suffered a tyre burst near Dhaler Khal stoppage on Diamond Harbour Road, Namkhana. The vehicle overturned, throwing the occupants, including the deceased Birkamal Mondal (aged ~37), who later died on 19‑04‑2021 at Behala Apex Clinic.
  • Victim’s Occupation & Income: The deceased was a Khalasi earning Rs 9,000 per month (evidence from PW‑3, Exhibit 12). Cross‑examination indicated the owner earned Rs 30‑35 k per month inclusive of incidental expenses.
  • Trial Court Award: Principal compensation of Rs 17,79,000 (Anima Mondal: Rs 3,94,200; each other claimant: Rs 3,46,200) with simple interest at 9% per annum from filing date until full realization. The insurer was directed to comply within 90 days.
  • Appellant’s Grounds of Appeal:
  • Delay of 77 days in lodging FIR alleged to render claim doubtful.
  • Argument that tyre burst was an “act of God” and not due to negligent driving.
  • Claim that compensation was excessive given the victim’s income.
  • Respondents’ Counter‑arguments:
  • Accident caused by rash, negligent high‑speed driving; tyre burst can occur if driver fails to exercise care.
  • No violation of the insurance policy; compensation based on proven daily wages of Rs 300.
  • Delay in FIR is understandable due to family bereavement; not fatal to the claim.
  • Court’s Reasoning:
  • Delay in FIR does not invalidate the claim; family’s grief explains the lag.
  • Bursting of tyre is not an “act of God”; it constitutes human negligence, encompassing both driver behaviour and vehicle fitness.
  • Evidence confirms rash driving and high speed; owner admitted accident; charge sheet corroborates negligence.
  • Monthly income of Rs 9,000 is reasonable for a Khalasi; trial court’s assessment is upheld.
  • Regarding interest, the court finds 6% per annum more just and reasonable than the 9% awarded by the trial court.

Final Outcome

  • The appeal is disposed; the trial court’s principal compensation of Rs 17,79,000 is affirmed.
  • The interest rate is modified to 6% per annum, calculated from the date of filing the claim case until the date of this order.
  • The Oriental Insurance Co. Ltd. must deposit Rs 17,79,000 plus accrued interest at 6% with the Registrar General, High Court Calcutta within 8 weeks of this order’s communication.
  • If the amount has already been deposited, no further payment is required.
  • Claimants may withdraw the compensation (principal + interest) upon completion of required formalities; any surplus, if any, shall be returned to the insurer with accrued interest.
  • An urgent certified copy of the order will be provided to parties upon compliance with formalities.

Topics: Motor Accident Compensation, Insurance Liability