Authority: High Court at Calcutta

Order Date: 23.09.2026

Case Overview

  • Appeal No. F.M.A. 1012 of 2025 filed by Soma Hazra & Ors. (claimants) against Sri Ram General Insurance Co. Ltd. (respondent) challenging the judgment and award dated 22 Nov 2024.
  • Underlying accident occurred on 23 Sep 2018 at ~6:45 p.m. on Rampurhat‑Suri Pucca Road; offending vehicle WB65B‑3277 collided with an auto‑rickshaw, killing the deceased who was a sweeper for Rampurhat Municipality.
  • Claimants (wife and two minor children) lodged Motor Accident Claim Case (MACC No. 14 of 2019). The insurer contested; the owner did not pursue.
  • Tribunal framed five issues, ultimately awarding:
  • Wife: Rs 4,00,000 compensation + Rs 40,000 consortium = Rs 4,40,000
  • Each minor child: Rs 2,00,000
  • Total compensation: Rs 8,00,000 plus funeral (Rs 15,000), mental pain (Rs 50,000), loss of estate (Rs 15,000) = Rs 8,40,000.
  • Interest @6% per annum from claim filing date (15 Jan 2019) until realization, per Section 171 Motor Vehicles Act.
  • Appellants argued tribunal failed to consider future prospects and the deceased’s actual income (Rs 6,000 / month).
  • Tribunal had used notional income Rs 5,000 / month, annual Rs 60,000, deducted 1/3 for personal expenses (Rs 20,000), net Rs 40,000 per annum, multiplier 18, yielding loss of dependency Rs 7,20,000.
  • Supreme Court precedent (Rajwati @ Rajjo, Civil Appeal No. 8179 of 2022) mandates adding 40% of annual income as future prospects and using a multiplier of 17 for age 38.
  • Applying this ratio, the court recomputed:
  • General damages: Rs 9,52,000 + Rs 84,000 = Rs 10,36,000
  • Original award (Rs 8,40,000) already paid.
  • Hence, additional amount due: Rs 1,96,000 plus interest @6% per annum from filing date to order date.

Final Outcome

  • Sri Ram General Insurance Co. Ltd. must pay the additional Rs 1,96,000 with interest at 6% per annum from 15 Jan 2019 to the date of this order.
  • Payment to be made by A/c Payee cheque in favour of the Learned Registrar General, High Court, Calcutta, within four weeks of order communication.
  • Registrar General will disburse the amount to the claimants in the ratio specified in the original award after proper verification.

Topics: Court Judgment, Motor Accident Compensation, Insurance Liability