Item No. 04 Ct 09 rup 20.07. 2026 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 1196 of 2025 With IA NO: CAN 1 of 2025 United India Insurance Co. Ltd. Vs Manabika Guchhait & Ors. Mr. Rajesh Singh … for the appellant/insurance company. Mr. Niranjan Maity, Mrs. Indrani Ghosh. … for the respondents. 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 25.03.2024 passed by the Learned Additional District Judge, 5th Fast Track Court, Alipore, South 24-Parganas in M.A.C. Case No. 1182 of 2021. The case of the claimants before the Learned Trial Court may be summed up thus: On 29.06.2021 at about 15.15 hrs pm, while the victim was on one TVS Apache Motor Cycle bearing No. WB-18Z/6723 (hereinafter referred to as ‘the offending vehicle) as its pillion rider while coming from Jangalpara side to Arambag side and while they reached a place near Jangapara – Kadamtala crossing the rider of the said motor cycle drove it in a rash and negligent manner and thereby lost his control causing the victim to fall down on the road sustaining serious injuries on his person. He was shifted to Serampore Rural Hospital, District-Hooghly where the doctors declared him to have brought dead. Pursuant to the institution of this case, notice was issued upon the opposite parties. The opposite party/vehicle owner entered appearance and filed written statement but did not contest the case. However, the opposite party United India Insurance Co. Ltd. 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 instant claim application under section 166 of the M.V. Act be and the same is allowed on contest against OP No.2/United Insurance Company Ltd. and OP No.1/Soumyadip Guchhait on contest but without cost. The claimant namely 1. Manabika Guchhait 2 and 2. Debabrata Guchhait do get compensation of Rs.17,50,180/- (Rupees Seventeen Lacs Fifty Thousand One Hundred Eighty only) together with interest @6% from the date of filing till realization. The OP No.2/United India Insurance Co. Ltd. is directed to issue two account payee cheque for the aforesaid amount in the names of the claimant viz; 1. Manabika Guchhait and 2. Debabrate Guchhait within 60 days from this day. The claimants will be at liberty to put this award into execution in accordance with law in case the OP No.2/United India Insurance Co. Ltd. fails to comply the order within the stipulated period. Any compensation, if already paid to the claimants u/s 140 of M.V. Act shall be deductible from the award of compensation made hereinabove. Bench clerk is directed to assess that deficit court fees, if any, fortherwith. The claimants are directed to furnish their photo identity proof and deficit court fees before receiving their cheque. Let a copy of this judgment be given to the parties through their respective Learned Advocates for compliance.” The appellant/United India Insurance Co. Ltd. being aggrieved by the judgment and award dated 25.03.2024 passed by the Learned Trial Judge has come up with the instant appeal. 3 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 the case of the claimants is doubtful as the FIR was lodged after 20 days. Learned advocate further submits that owner of the vehicle permitted the vehicle to be driven by a person who was holding learner licence. Thus, the insurance company be absolved the said liability. With regard to the quantum of compensation awarded learned advocate submits that it is an admitted position that the victim was a student of class 10 and was not earning anything and the income which the claimants contended is the prospective income. It is submitted by the learned advocate that the compensation awarded is excessive and the same be reduced. Learned advocate for the respondents/claimants submits that no cross- examination was put with regard to the income of the victim and the occupation. Thus, at this stage it is not open to the insurance company to raise the plea. Learned advocate relies upon two judicial decisions namely Master Ayush vs. Branch Manager, Reliance General Insurance Co. Ltd. & 4 Anr. reported in 2022(2) T.A.C. 368 (S.C) and Smt. B. Nagamani and Anr. vs. M. Niraipandi & Anr. reported in 2026 (2) T.A.C. 392 (S.C.). With regard to the submission of the learned advocate for the appellant that the FIR was lodged after 20 days it is well settled by different judicial decisions that mere delay in lodging the FIR is not fatal. In Indian society family members after accident rushes to hospital and not to police station. In the instant case, the claimants who have lost their child in a road accident cannot be expected to go to the police station within a short period. Thus, the delay in the instant case is not fatal. With regard to the submission of the learned advocate that the vehicle owner permitted that vehicle to be driven by a person who is holding learner licence such plea cannot be taken at this stage as no evidence was adduced in this regard before the Learned Trial Court. Now with regard to quantum of compensation awarded by the Learned Trial Judge, this Court is of the view that the compensation which is awarded to the parents who have their child in street accident is not a bonanza but simply a monetary consolation. Parents who loses their child in accident comes with heavy heart before the Court for monetary consolation and unless there is perversity in the 5 order passed by the Tribunals, Court should be slow in interfering with the compensation awarded in such type of cases. Upon considering the decisions relied upon by the learned advocate and the decision relied upon by the Learned Trial Judge, this Court does not find any error with the decision of the Learned Trial Court in proceeding to decide the compensation on the basis of the Minimum Wages Act. However, considering the fact that the victim was under Zone ‘B’ as per government notification and it is always not necessary that minor child has to be treated as skilled worker as he may be semi- skilled worker also it would be just and reasonable to consider the minimum wages of both semi-skilled and skilled worker of Zone ‘B’ and proceed on the average notional income of Rs.9000/-. In the event, the notional income is considered to Rs.9000/- per month. 40% further prospect added which is Rs.3600/-, the total monthly income comes to Rs.12600/-. The annual income comes to Rs. 1,51,200/-. 50 % deducted on account of personal expenses brings the annual dependency loss as Rs.75 ,600/-. The multiplier being 18 applied, the total dependency loss comes to Rs. 13,60,800/-. However, the claimants/respondents are entitled to compensation of Rs.30,000/- on account of loss 6 estate and funeral expenses and Rs.88,000/- on account of loss of consortium. Thus, the total compensation comes to Rs. 14,78,800 by arithmetical calculation. However, this Court is of the view that total compensation Rs.15,00,000/- is just and reasonable. Hence, this appeal being FMA 1196 of 2025 stands disposed of. The judgment and award dated 25.03.2024 passed by the Learned Additional District Judge, 5th Fast Track Court, Alipore, South 24-Parganas in M.A.C. Case No. 1182 of 2021 stands modified to the extent that the claimants/respondents are entitled to Rs.15,00,000/-. from United India Insurance Co. Ltd. The appellant/United India Insurance Co. Ltd. shall deposit Rs.15,00,000/-- along with interest @ 6% p.a. 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 7 interest shall be returned to the appellant/United India Insurance Co. Ltd.. Accordingly, the appeal and the interlocutory application if any, stand disposed of. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. (Biswaroop Chowdhury, J.) 8