Authority: Calcutta High Court

Order Date: 18 August 2026

Case Overview

  • Parties: United India Insurance Company Limited (appellant) vs. Barnali Biswas, Pradip Saha, Sikha (Shikha) Saha and others (claimants/respondents).
  • Nature of Proceeding: Appeal (FMA‑101 of 2024) against a Motor Vehicles Act, Section 166 award dated 31‑10‑2022 passed by the Additional District Judge, Fast Track Court, Alipore South, 24 Parganas (MAC‑Case No‑30 of 2016).
  • Accident Background: On 06‑06‑2014, Sergeant Jewel Saha was riding a motorcycle (No‑WB‑07G/6950) on CGR Road. At ~10:50 A.M., a vehicle (No‑WB‑19G/1071) driven at high speed lost control, collided with the motorcycle, causing severe injuries. The victim was hospitalized until 10‑06‑2014, when he succumbed to injuries.
  • Initial Award: Trial Judge ordered compensation of Rs 50,59,560 with interest at 6% per annum from the filing date (24‑06‑2016) and directed equal division among the three legal representatives of the deceased.
  • Appeal Contentions: The insurer argued the act was intentional murder; claimants argued the charge‑sheet under IPC‑304(II) did not sustain a murder charge and that compensation was inadequate, especially for medical expenses.
  • Legal Reasoning Cited:
  • Dipa Ganguly v. New India Assurance – accident under the Motor Vehicles Act can arise from intentional acts; the term “accident” is not limited to negligence.
  • Magma HDI General Insurance Co. v. Tahamina Bibi (FMA‑792 of 2023) – a charge‑sheet under IPC‑302/304 does not preclude the Motor Accident Claim Tribunal from treating the event as an accident and awarding compensation on a pre‑ponderance of probability basis.
  • Supreme Court decision in New India Assurance Co. v. Dolly Satish Gandhi – Mediclaim policy benefits are separate from Motor Vehicles Act compensation and cannot be set‑off.
  • The Court concluded the trial judge correctly classified the incident as a “hit‑and‑run” accident and that the earlier quantum was insufficient, especially given the exclusion of Mediclaim reimbursements.

Final Outcome

  • The appellate court modifies the award to a total of Rs 60,00,000 (Rs 60 lakh), deemed “just and reasonable”.
  • Distribution:
  • Barnali Biswas – Rs 30 lakh
  • Pradip Saha – Rs 15 lakh
  • Sikha (Shikha) Saha – Rs 15 lakh
  • United India Insurance Co. Ltd. must deposit the full Rs 60 lakh plus interest at 6% per annum from the date of filing the claim case up to the date of deposit, within 8 weeks of this order.
  • Deficit court fees are to be paid; the TCR (Tax Clearance Receipt) must be sent back by special messenger at the respondents’ cost within 3 days.
  • Claimants may withdraw their respective shares upon compliance with required formalities.
  • The Court reiterates that Mediclaim payouts cannot be adjusted against the compensation awarded under the Motor Vehicles Act.

Topics: Motor Accident Compensation, Insurance Law