Authority: Calcutta High Court, Circuit Bench at Jalpaiguri

Order Date: 09.07.2026

Case Overview

  • Parties: Appellants – Arati Rani Singha & Ors.; Respondent – Oriental Insurance Company Ltd. & Anr.
  • Original proceeding: MAC Tribunal‑cum‑Additional District & Sessions Judge, 4th Court, Jalpaiguri, M.A.C. Case No. 75 of 2013 under Section 166 of the Motor Vehicles Act, 1988.
  • Accident facts: On 07.01.2013 at ~3:30 pm, a bus (Reg. WB‑73B‑0047) heading to Jalpaiguri struck the victim at Dhupguri Bazar; victim suffered severe injuries and was declared dead at Dhupguri Rural Hospital.
  • Original award (26‑Sep‑2023): Compensation of Rs 9,10,000, distributed 50 % to petitioner 1 and 25 % each to petitioners 2 and 3. No compensation for loss of consortium; no interest; notional monthly income fixed at Rs 5,000.
  • Grounds of appeal: (i) Inclusion of loss of consortium (spousal, parental, filial) under general damages; (ii) Grant of interest from filing date (18‑Feb‑2013); (iii) Revision of notional monthly income to reflect minimum wage (≥Rs 6,000).
  • Authorities cited: Kaushnuma Begum v. New India Assurance (2001 2 SCC 9); National Insurance Co. Ltd. v. Pranay Sethi (2017 16 SCC 680); Magma General Insurance Co. Ltd. v. Nanu Ram (2018 4 TAC 345); various High Court judgments on loss of consortium; Supreme Court observations on interest (Alok Shanker Pandey vs. Union of India, AIR 2007 SC 1198).

Final Outcome

  • The Court finds merit in the appellants' submissions and awards loss of consortium as follows: Rs 40,000 each for spousal consortium, Rs 40,000 each for parental consortium (father and sister of the deceased), and Rs 40,000 each for filial consortium, totaling Rs 80,000 for parental consortium and Rs 40,000 for spousal consortium.
  • Notional monthly income of the deceased is revised to Rs 6,000 (Rs 200 per day), up from Rs 5,000.
  • Using the revised income, dependency loss is calculated as Rs 10,08,000 (Rs 67,200 × 15 multiplier).
  • General damages added: Loss of Estate Rs 15,000; Funeral Expenses Rs 15,000; Loss of Parental Consortium Rs 80,000; Loss of Spousal Consortium Rs 40,000.
  • Total revised compensation: Rs 11,58,000.
  • Enhancement over original award: Rs 2,48,000 (Rs 11,58,000 – Rs 9,10,000).
  • Interest: 6 % per annum on the enhanced amount of Rs 2,48,000 from 18‑Feb‑2013 to final payment, and 6 % per annum on the original Rs 9,10,000 from the same date until payment, if not already paid.
  • Directions: Oriental Insurance Company Ltd. must deposit the enhanced compensation of Rs 2,48,000 plus the applicable interest by way of cheque before the Registrar, Circuit Bench, Calcutta High Court, Jalpaiguri, within four weeks of this order.
  • The Registrar shall release the amount to the appellants after verification of payment of ad valorem court fees on the enhanced sum.
  • The appeal (FMA 67 of 2024) is disposed of without order as to costs; connected applications, if any, are also disposed of; interim orders, if any, are vacated.
  • The impugned MAC Tribunal judgment dated 26‑Sep‑2023 is modified to reflect the above enhancements.

Topics: Compensation Award, Motor Vehicles Act, Insurance Liability