Swapan Jana & Anr. vs M/s Go-Digit General Insurance Company Ltd. & Anr.

Biswaroop Chowdhury, J:

The appellant before this Court was a claimant in a case under Section 166 of the Motor Vehicles Act and is aggrieved by the Judgment and Award dated 28^th October 2025 passed by Learned Additional District Judge 6^th Court Paschim Medinipur in MAC Case No. 585 of 2021.

The case of the claimants before the Learned Trial Court may be summed up thus:-

The deceased was a mechanic of Motor Vehicle by profession. After completion of Automobile Engineering Mechanic course the deceased started business near Kalibagicha Bus stoppage by the side of NH. Road and had sound income by which he would maintain family. On 28.08.2021 at about 5.30 p.m. the victim Bijlesh Jana was standing by the extreme left side mud portion of NH-60 Road at that time a high speedy trailer No. NL-01-N-3611 coming from Kharagpur side with rash and negligent manner without blowing horn endangering human life suddenly dashed the deceased from back side with great force. As a result the deceased sustained deep bleeding injuries on his head chest and all over his person and died on the way to Belda Hospital. The accident took place due to rash and negligent driving of the driver of the offending vehicle no-NL-01-N-3611. (Trailer).

Pursuant to the filing of this case notice was issued upon the opposite parties. Opposite party vehicle owner did not contest the case.

Opposite Party Insurance Company contested the case by filing written statement. ISSUES were framed and evidence was adduced. Learned Trial Judge upon considering the evidence adduced and upon hearing the Learned Advocate was pleased to dispose the claim case by observing and directing as follows:-

The appellants/claimants being aggrieved by the Judgment and Award passed by the Learned Trial Court has come up with the instant appeal.

Heard Learned Advocate for the appellants/claimants and Learned Advocate for the respondent Insurance Company. Perused the evidence adduced.

Learned Advocate for the appellant submits that the Learned Trial Judge erred in considering the income of the victim as Rs. 6,000/- per month instead of Rs. 20,000/- per month when the victim was running repair shop with necessary educational qualification to earn Rs. 20,000/- per month. Learned Advocate further submits that the Learned Trial Judge erred in not considering future prospect at 40%. Learned Advocate also submits that interest awarded should be enhanced.

Learned Advocate for the respondent Insurance Company submits that the claimants could not prove the income and occupation of the victim thus the Learned Trial Judge rightly considered notional income as Rs. 6,000/- per month. Learned Advocate submits that the compensation awarded should not be interfered with.

As the arguments advanced by Learned Advocates is with regard to income of the deceased it is necessary to consider the evidence adduced by the claimants with regard to income and occupation of the deceased.

P.W. 1 Swapan Jana in his examination in chief has stated that his son was a Mechanic (Motor Vehicle) and had a Garage by the side of NH-60 Road near Kalibagicha Bus stoppage and earned monthly income of Rs. 20,000/-. Thus from the deposition it will appear the nature of occupation of the deceased and the location of the repair shop. In order to strengthen the case the claimants filed the Marks Sheet of the Examination conducted by Directorate General of Training. Craftsmen Training Scheme. The said training was a two year training and Trade Name is Mechanic (Motor Vehicle). Thus the completion of said course makes the victim eligible and competent to be a Motor Mechanic. Thus there is sufficient ground to believe that the victim was a mechanic (motor vehicle). Although the claimants could not prove the income of the deceased but considering the fact that location of the Garage which was run by the deceased was situated by the side of NH 60 Road and it is usual several vehicles ply through NH Road throughout the day it would be reasonable to consider the monthly income of Rs. 10,000/-.

In the event monthly income is Rs. 10,000/- 50% deducted on account of personal expenses net monthly income comes to Rs. 5,000/-. 40% future prospect brings the monthly income to Rs. 7,000/-. The annual dependency loss comes to Rs. 84,000/-. The multiplier of 18 being applied total dependency loss comes to Rs. 15,12,000/-. Further the claimants are entitled to Rs. 1,10,000/- on account of filial consortium loss of estate and funeral expenses. Thus total compensation comes to Rs. 16,22,000/- by arithmetical calculation. However this Court is of the view that compensation of Rs. 15,00,000/- is just and reasonable.

Hence this Appeal FMAT-(MV) of 2026 stands disposed. Judgment and Award dated 28^th October 2025 stands modified to the extent that the appellants/claimants are entitled to Rs. 15,00,000/- from the respondent no-1 M/S Go-Digit General Insurance Co. Ltd. The respondent no-1 shall deposit before Registrar General High Court Calcutta Rs. 15 lakh along with interest @6% per annum from date of filing claim case till today. Such deposit shall be made within 8 weeks from the date of communication of this order. In the event compensation awarded by the Trial Court is deposited, balance amount be deposited. The claimants/Appellants will be entitled to withdraw the compensation. Upon compliance of necessary formalities.

Deficit Court fees on enhanced compensation be paid before trial Court within 4 weeks. TCR be returned by special Messenger cost to be put in by claimants/appellants within one week.

Urgent photostat certified copy of this order, if applied for, should be made available to the parties upon compliance with the requisite formalities.