Authority: Calcutta High Court, Civil Appellate Jurisdiction

Order Date: 01 August 2026

Case Overview

  • Parties: Oriental Insurance Co. Ltd (insurer) vs Anwesha Ghosh (claimant, daughter of the deceased Subir Ranjan Ghosh); appellant National Insurance Company Ltd.
  • Accident Details: On 05‑01‑2017 a Maruti Van bearing No. WB‑52J/4052 ran a red signal on Michael Nagar Road, struck victims Subir Ranjan Ghosh and an associate. Victim suffered severe head injury, remained unconscious, and died on 31‑01‑2017 after 23 days of hospitalisation.
  • Trial Court Order: Additional District Judge, 10th Court Alipore South, 24 Parganas, in MAC Case No. 869/2017 dated 20‑05‑2023 ordered Oriental Insurance Co. Ltd to pay Rs 26,22,579 to claimant Anwesha Ghosh by account‑payee cheque, with interest at 8% p.a. from filing date (excluding March 2020‑Feb 2022), payable within two months.
  • Appellate Grounds: National Insurance Company Ltd argued (i) victim’s name absent in FIR, questioning claim validity; (ii) death not due to road‑traffic accident as charge‑sheet omitted Section 304A IPC; (iii) compensation amount excessive; (iv) income from other sources (interest Rs 74,940) should be excluded from loss calculation.
  • Court’s Findings: The High Court examined FIR, charge‑sheet, discharge summary and medical records. Discharge summary confirmed road‑traffic accident, 23‑day hospital stay, ongoing critical condition at discharge (tracheostomy, ventilator support), and death within three days, establishing causation. The witness statement was deemed improperly recorded and not credible. The court held that income from other sources is relevant for compensation as the widow relied on fixed‑deposit proceeds for medical expenses.
  • Interest Modification: While upholding the principal compensation, the Court reduced the interest rate from 8% to 6% p.a., still excluding the pandemic period (March 2020‑Feb 2022).

Final Outcome

  • Appeal dismissed; the original compensation of Rs 26,22,579 is affirmed.
  • Interest to be paid at 6% per annum from the date of filing the claim, excluding the March 2020‑Feb 2022 period.
  • National Insurance Company Ltd is directed to deposit the compensation with the revised interest; claimant may withdraw the amount upon completion of formalities, and any surplus shall be returned to the insurer.

Topics: Compensation, Motor Accident Claim