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Judgment
Biswaroop Chowdhury,J:
The appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 2nd September 2025 passed by Learned Additional District Judge Fast Track 4th Court Alipore South 24 Parganas in MAC Case No. 673 of 2022.
The case of the claimants before the Learned Trial Court may be summed up thus; On 14-04-2022 at about 10.45 hours the driver of TATA-407 bearing Registration no. WB-25F-2800 drove the said vehicle in rash and negligent manner endangering the human life and safety to others from West to East Bound on Basanti Highway and when the said vehicle arrived in front of Bharat Marble at Bhatipata it suddenly dashed the victim namely MIR ABUL. FARHAD along with his by-cycle as a result of which the victim received severe injury on his person and immediately removed to Kolkata Chittaranjan National Medical College and hospital where the victim declared brought dead.
The accident was caused due to rash and negligent driving of the driver of the said vehicle.
Pursuant to filing of the case notice was issued upon the opposite parties. Opposite party Insurance Company contented the case by filing written statement. ISSUES were framed and evidence was adduced. Learned Trial Judge upon consideration the evidence adduced and hearing the Learned Advocates was pleased to dispose of the claim case by observing and directing as follows:-
‘Hence it is ORDERED that the instant claim application under Section 166 of the M.V. Act be and the same is allowed on contest against OP No. 2 Chalamandalam MS General Insurance Co. Ltd. and Ex-Parte against OP No-1 without any cost.
The claimants do get compensation of Rs. 13,98,000/- (Rupees Thirteen Lakhs Ninety Eight Thousand only) from OP No. 2/Cholamandalam MS. General Insurance Company Ltd. together with interest @7% per annum from the date of filing i.e. from 13-06-2022 till realization.
The OP No. 2/Cholamandalam MS. General Insurance Co. Ltd. is directed to pay the compensation with interest by issuing four separate account payee cheques of equal amount in favour of the claimants within 60 days from this day failing which the claimants will be at liberty to put this award into execution in accordance with law.
Any compensation if already paid to the claimants U/S. 140 of M.V. Act shall be deducted from the award of compensation made herein above.’
The appellant being aggrieved by the Judgment and Award passed by the Learned Trial Judge has come up with the instant appeal.
Heard Learned Advocate for the appellant Cholamandalam MS. General Insurance Company Limited and Learned Advocate for the respondents/claimants. Perused the evidence adduced and materials on record.
Learned Advocate for the appellant submits that the Learned Trial Judge erred in considering the notional income of the victim as Rs. 8,000/- although he was a day labour. Learned Advocate further submits that awarding interest @7% p.a. is excessive. Learned Advocate also submits that compensation awarded should be reduced.
Learned Advocate for the respondents/claimants submits that compensation awarded is reasonable and no interference is necessary.
Upon perusal of the evidence it appears that claimants in claim petition has stated that the victim was a daily labour earning Rs. 350/- per day. The claimants have also specified the employer’s name. In cross-examination although the claimant P.W. 1 specifically did not state that her husband used to work at Kolkata Leather Complex but stated that her husband used to work in a Leather Company. Statements made in cross-examination establishes the case of the claimants that victim used to work in a leather company.
Now upon considering the age of the victim and the number of dependants although it is not unusual for the victim to earn Rs. 300/- daily however learned Trial Judge upon considering different judicial decisions and assigning reasons has considered notional income of the victim to be Rs. 8,000/- per month thus no interference is required. Further upon considering the notional income to be Rs. 8,000/- per month learned trial Judge did not commit any error in applying the arithmetical formula and determining the compensation of Rs. 13,98,000/-. However in the view of this Court compensation of Rs. 13,50,000/- is just and proper.
Hence this appeal FMA-758 of 2026 stands disposed. Judgment and Award dated 2nd September 2025 passed by Learned Additional District Judge Fast Track 4th Court Alipore South 24 Parganas is MAC Case No. 673 of 2022 stands modified to the extent that the respondents/claimants are entitled to Rs. 13,50,000/- (Rupees thirteen lakh fifty thousand) along with interest @6% p.a. from date of filing claim case till today. The Appellant Cholamandalam M/S. General Insurance Co. Ltd shall deposit before Registrar General High Court Calcutta Rs. 13,50,000/- along with interest @6% p.a. from date of filing claim case till realization. Such deposit shall be made within 8 weeks from the date of communication of this Order. In the event compensation awarded by Trial Court is deposited no further deposit be made.
The claimants/respondents will be entitled to withdraw the compensation upon compliance of necessary formalities. Balance amount if any with accrued interest be returned to the appellant.
TCR be returned.
Urgent photostat certified copy of this order, if applied for, should be made available to the parties upon compliance with the requisite formalities.