Item No. 01 Ct 09 rup 15.07. 2026 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 468 of 2025 The New India Assurance Company Limited Vs Nurshed Alam & Ors. Mr. Rajesh Singh. … for the appellant/insurance company. Mr. Muktakesh Das, Mr. Arpayan Mukherjee. … for the respondents/claimants. Learned advocates for the parties are present. Heard learned advocates. The appellant before this Court was an opposite party in a claim case under Section 166 of the Motor Vehicle Act, 1988 is aggrieved by the judgment and award dated 23.11.2023 passed by the Learned Additional District Judge, Fast Track 3rd Court, Krishnagar, Nadia in M.A.C. Case No. 13 of 2017. The case of the claimants before the Learned Trial Court may be summed up thus: On 31.05.2015 at about 10A.M. the deceased Md. Asraf Hossain @Asraf Hossain along with some passengers riding a Van Richshaw while coming from Plassey to Debagram all on a sudden a Lorry bearing No. WB-53-3957 rash and negligently in high pick-up dashed behind the Van Rickshow. As a result the passengers of the said Van Rickshow got serious injury. Local people shifted the injured at Saktinagar, District Hospital at Krishnagar where the injured Md. Asraf Hossain @ Asraf Hossain died on that day. The said accident was occurred due to rash and negligent driving of the above noted driver of the truck. Pursuant to the institution of this case, notice was issued upon the opposite parties. The opposite party/vehicle owner did not appear and contest the case. However, the opposite party, New India Assurance Company Limited contested the case by filing written statement. Issues were framed and evidence was adduced. Learned Trial Judge upon considering the evidence and upon hearing the learned advocates for the parties, was pleased to dispose of the claim case by observing and directing as follows: “Hence, it is ORDERED that the Motor Accident Claim Case/Suit be and the same is allowed ex-parte against opposite party no.1 and on contest against opposite party no.2 The New India Assurance Co. Ltd. (Insurance 2 Company). It is hereby declared that the claimants Nurshed Alam, Latifunnechha Seikh and Asma Khatun are entitled to compensation to the tune of Rs.15,91,500/- (Rupees Fifteen Lakhs Ninety One Thousand Five Hundred Only) along with interest @ 9% per annum from the date of filing of the present application/petition under section 166 of the Motor Vehicles Act, 1988 i.e. 06.01.2017 till the payment is made by the sole contesting opposite party. The New India Assurance Co. Ltd. until realization in full as per the following scales of distribution: A. 50% of the total amount of compensation to Latifun-nechha Seikh (Rs.7,95,750/- + interest). B. 25% of the total amount of compensation to Nurshed Alam (Rs. 3,97,875/- + interest). C. 25% of the total amount of compensation to Asma Khatun (Rs. 3,97,875/- + interest). Payment shall positively be made within a period of 45 days from the date of payment of deficit or balance court fees. Payment shall be made to the claimants 3 through/via NEFT/RTGS directly to the bank account of the claimants as provided by them on record. Opposite party no.2 The New India Assurance Co. Ltd. is directed to inform the claimants and the tribunal in writing about, compliance of the instant order. The claimants are directed to furnish details of their respective bank accounts including IFS Code to opposite party no.2 The New India Assurance Co. Ltd. forthwith. Let a copy of this award be given to the parties free of cost as per section 168(2) of the MV Act, 1988 on payment of deficit or balance court fees as the amount awarded by the tribunal has exceeded the claim amount mentioned in the claim petition. Instant Motor Accident Claims Suit/original case is thus disposed of. D/A to note in the relevant register. Instant order be forthwith uploaded on the CIS for information of general public. Record be consigned to the DRR on expiry of the prescribed period as per CRO (as the same stands amended). Record be taken off the Pending List.” The appellant/ New India Assurance Company Limited being aggrieved by the judgment and award dated 23.11.2023 passed by the Learned Trial 4 Judge has come up with the instant appeal. Heard learned advocates for the appellant/insurance company and learned advocates for the respondents/claimants. Perused the evidence adduced and materials on record. Learned advocates for the appellant/insurance company submits that his client is aggrieved with the quantum of compensation awarded by the Learned Trial Judge. Learned advocate further submits that Learned Trial Judge considered the income of the victim to be Rs.10,000/- per month in absence of any document, which is excessive. Learned advocate also submits that considering the evidence adduced, the monthly income of the victim cannot be more than Rs.6000/- per month. Learned advocate for the respondents/claimants submits that the victim had three dependent family members and thus earning of Rs.10,000/- is not unreasonable. It is further submitted that village shop keeper will not have sufficient document to show his own income thus no error is committed by the Learned Trial Judge in considering the income of Rs.10,000/- per month. It is also submitted that the order of the Learned Trial Judge need not be interfered with. Upon hearing the learned advocates and considering the facts of the case, it appears from the 5 record that claimants/respondents filed documents to show the occupation of the victim. As no documents was filed with regard to the income of the victim, the Learned Trial Judge considered the income to be Rs.10,000/- per month. Upon considering the evidence of PW-1 and considering the nature of the occupation although there is no serious error with regard to consideration of Rs.10,000/- per month by the Learned Trial Judge but this Court is of the view that it would be just and reasonable to consider the monthly income of Rs.9,000/- per month. In the event monthly income is Rs.9000/- the annual income comes to Rs. 1,08,000/-. 25% future prospected is added to the annual income, which is Rs.27,000/-, the total income comes to Rs. 1,35,000/-. 1/3 should be deducted on account of personal expenses and the annual dependency loss comes to Rs.90,000/-. The multiplier of 14 applied the total dependency loss comes to Rs. 12,60,000/-. Further claimants are entitled to general damages of Rs.84,000/-. Thus Rs. 13,44,000/- is the total compensation which comes by arithmetical calculation. However, this Court is of the view the total compensation of Rs.13,50,000/- would be just reasonable . 6 Hence, this appeal being FMA 468 of 2025 stands disposed of. The judgment and award dated 23.11.2023 passed by the passed by the Learned Additional District Judge, Fast Track 3rd Court, Krishnagar, Naida in M.A.C. Case No. 13 of 2017 stands modified to the extent that the claimants/respondents are entitled to Rs.13,50,000/- along with interest @ 6% from the date of filing of the claim case till today from the New India Assurance Co. Ltd.. The appellant/New India Assurance Co. Ltd. shall deposit before the Registrar General, High Court Calcutta Rs.13,50,000/- along with interest @ 6% from the date of filing of the claim case till today. Such deposit shall be made within eight weeks from the date of communication of this order. In the event, compensation awarded by the Learned Trial Judge is already deposited, no further deposit is required to be made. The claimants/respondents will be entitled to withdraw the compensation upon compliance of necessary formalities. The balance amount, if any, with accrued interest shall be returned to the appellant/New India Assurance Co. Ltd. Urgent photostat certified copy of the order, if 7 applied for, be given to the parties on usual undertakings. (Biswaroop Chowdhury, J.) 8