1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present: The Hon’ble Justice Biswaroop Chowdhury F.M.A. 717 of 2024 National Insurance Co. Ltd. VERSUS Chandana Sarkar & Ors. For the appellant/insurance company: For the respondents: Mr. Sanjay Paul, Adv. Mr. Ali Imam Shah, Adv. Last Heard on: July 20, 2026 Judgment on: July 24, 2026 Biswaroop Chowdhury, J: The appellant before this Court was an opposite party in a claim under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 13th February 2024 passed by Learned Additional Distrtict Judge Fast Track Court Suri Birbhum in MAC Case No. 48 of 2019. The case of the claimant before the Learned Trial Court may be summed up thus:- 2 Dipak Sarkar the victim was going towards Panchayet Office from his home by driving motor cycle. On the way he parked the motor cycle near Mirjapur Rice Mill by the side of the Illambazar-Bolpur Road. After parking his motor cycle he was standing close to the cycle suddenly a bus bearing no. WB- 41B-2702 coming with high speed rash and negligently dashed Dipak Sarkar heavily. As a result he received serious injuries and died shortly. The accident took place due to rash negligent driving by the driver of the said bus. Pursuant to the filing of the case notice was issued upon the opposite parties. Opposite party vehicle owner did not contest the case. However 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 Learned Advocates was pleased to dispose the claim case by observing and directing as follows:- ‘Hence it is ORDERED that the claim petition u/s. 166 of the MV. Act is allowed on contest against the OP No. 2 i.e. National Insurance Company Ltd. and allowed ex-parte against OP No. 1 with costs. The OP No-1 and OP No-2 are jointly and severally liable to pay the awarded amount to the petitioners. 3 The petitioner no-1 and 2 do hereby get an award for Rs. 21,35,144/- (Rs. Twenty One Lakhs Thirty Five Thousand One Hundred Forty Four) only as compensation and interest on the above @6% per annum from the date of filing of the case i.e. from the date of filing of this application i.e. from 19-02-2019 till realization of the awarded amount. The OP No-2 i.e. National Insurance Company Ltd. is directed to pay the awarded amount of Rs. 21,35,144/- (Rs. Twenty One Lakhs Thirty-Five Thousand One Hundred Forty Four) only along with accrued interest as mentioned above, by issuing two account payee cheques to tune of Rs. 10,67,572/- each in favour of the claimants within thirty days from the date of delivery of Judgment. Failing which the OP No-2 will have to pay further interest @10% p.a. upon the awarded amount from the date of expiry of thirty days till realization of the awarded amount. In default the petitioners are at liberty to execute the same in accordance with law.’ The Appellant/Insurance Company 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/Insurance Company 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 salary slips of the victim when the said slips were not proved by examining the employer of the victim. Learned Advocate further 4 submits that the said salary slips are not signed thus it should not be relied upon. Learned Advocate also submits that the compensation awarded is excessive. Learned Advocate for the claimant/respondent submits that the Learned Trial Judge rightly awarded the compensation. Learned Advocate relies upon the following Judicial decision:- Shishu Pal VS Surjeet and ors. Special Leave Petition (Civil) No. 33915 of 2025. Now with regard to the submission made by the Learned Advocate for the appellant that the claimants were unable to prove the income of the victim and the salary slips filed were not proved it is necessary to consider the evidence of P.W. 1. P. W. 1 has specifically stated the name and address of the employer in claim petition as well as in her evidence. There is no cross-examination on the part of the appellant regarding employer of the victim. Moreover with regard to proof of Income P.W. 1 in her cross-examination has stated that she has filed documents with regard to employee under Rockwell Resource Earth Movers Pvt. Ltd. and monthly income of Rs. 21,052/-. No suggestion is put with regard to income. Thus employment at Rockwell Resource Earth Pvt. Ltd. should be believed as well as monthly salary of Rs. 21,052 in a particular month. 5 However as salary slips of atleast 8 months were not produced and the fact that employer was not examined it would be reasonable to reduce the total compensation to Rs. 20,00,000/-. Hence this Appeal FMA-717 of 2024 stands disposed. Judgment and Award dated 13th February 2024 passed in MAC Case No. 48 of 2019 stands modified to the extent that the respondents/claimants are entitled to Rs. 20,00,000/- from the Appellant National Insurance Company Limited. Appellant National Insurance Company Limited shall deposit Rs. 20 Lakh before the Registrar General High Court Calcutta along with interest @6% per annum from date of filing till today. Such deposit shall be made within 8 weeks from the date of communication of this order. In the event compensation awarded by Learned Court is already deposited no further deposit be made. The respondents/claimants will be entitled to withdraw the compensation upon compliance of necessary formalities. Balance amount if any be returned to Appellant Insurance Company. Urgent photostat certified copy of this order, if applied for, should be made available to the parties upon compliance with the requisite formalities. (Biswaroop Chowdhury, J.)