IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE 04.08.2026 Item No.171 & 172 Ali ct. no.9 FMA 819 of 2025 Smt. Susmita Banerjee & Ors. Vs. Magma HDI General Insurance Co. Ltd. & Anr. With FMA 1136 of 2025 Magma HDI General Insurance Co. Ltd. & Anr. Vs. Susmita Banerjee & Ors. Mr. J.K. Mondal, Mr. Anup Kumar Bag ….for the appellants/claimants in FMA 819/2025 and respondents/claimants in FMA 1136/2025. Mr. Rajesh Singh …….for the respondent/Insurance Co. in FMA 819/2025 and appellant/Insurance Co. in FMA 1136/2025. 1. Learned advocates for the parties are present. 2. Heard the learned advocates for the parties. 3. The instant appeals FMA 819 of 2025 and FMA 1136 of 2025 are taken up together for their inter-connectives. Both these appeals are directed against the judgment and award dated 18.02.2025 passed by learned Judge, Bench-V, 2 City Civil Court, Calcutta, in MAC Case No. 308 of 2020. 4. The claim case was instituted due to an accident which took place on 17.08.2020. 5. The case of the claimants before the learned Trial Court in MAC Case No. 308 of 2020 may be summed up thus: “On 17.08.2020 at about 07:15 PM on NH-6 in between Alampur to Jalan Complex on Kolkata road the victim was returning to home by his motor cycle bearing Registration No. WB-12AA- 6997 at a moderate speed with left side of the said road. At that time the offending vehicle being a lorry bearing Registration No. WB-23D-4802 was proceeding at a high speed in a rash and negligent manner and dashed the victim Akshay Banerjee from behind. As a result the victim fell down on the road from motor cycle and was ran over by the said lorry. Immediately after the accident victim was removed Gubberaia S.D. Hospital he was declared brought dead. Rash and negligent driving on the part of the driver of the offending vehicle being lorry bearing registration No. WB-23D-4802 is the sole and prime cause of this pathetic accident”. 6. Pursuant to the filing of this case notice was issued upon the opposite party vehicle owner and 3 opposite party Insurance Company. The opposite party vehicle owner did not contest the case. However, opposite party Magma HDI General Insurance Company Ltd. contested the case by filing written statement. Issues were framed and evidences were adduced. Learned Trial Judge by judgment and award dated 18.02.2025 was pleased to dispose of the claim case by observing and directing as follows: “Hence, it is, O R D E R E D That the instant MAC Case No. 308 of 2020 is allowed on contest in part as against the O.P. No.2 Magma HDI General Insurance Co. Ltd. and ex-parte against O.P. No.1 but without any order as to the cost. Claimants are entitled to compensation of Rs.68,08,628/- along with interest @6% per annum from the date of filing of this petition till its realization from the O.P. No.2. O.P. No. 2 is directed to pay the awarded amount along with the interest at the aforesaid rate for the period mentioned above in equal share by four (4) A/C payee cheques within three months from the date i/d petitioner shall be at liberty to put the same in execution. Thus, this MAC Case No. 308 of 2020 stands disposed of”. 7. Both the Insurance Company and the claimants being aggrieved by the quantum of compensation 4 have filed the instant appeals. The claimants have filed the instant appeal FMA 819 of 2025 against the judgment and award passed by the learned Trial Court. On the other hand Magma HDI General Insurance Company Ltd. preferred appeal FMA 1136 of 2025. 8. Heard learned advocates for the parties in both the appeals. Perused the evidence adduced and materials on record. 9. Learned advocate for the claimants/appellants submits that the learned Trial Judge erred in considering the future prospect of 25% instead of 30%. Learned advocate submits that the compensation awarded should be enhanced. On the other hand learned advocate representing Magma HDI General Insurance Company Ltd. in its appeal has submitted that the interest on future prospect should not be granted as it has been held in different judicial pronouncement. 10. Upon considering the submission of the learned advocates and the decision of the Hon‟ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR 2017 SC 3157 this Court is of the view that the monthly income should be considered upon deduction of the Professional Tax. In the event the Profession Tax is deducted 5 from the monthly income of the victim the monthly income comes to Rs.47,500/-. The yearly income comes to Rs.5,70,000/-. The Income Tax of Rs.19,830/- being deducted the annual net income comes to rs.5,50,170/-. Future prospect in the instant case should be 25% and the same is Rs.1,37,542/-. 1/4th being deducted on account of personal expenses which is Rs.1,71,928/- the annual dependency loss comes to Rs.5,15,784/-. The multiplier of 13 being applied the total dependency loss comes to Rs.67,05,192/-. The general damages to be awarded comes to Rs.70,000/-. Thus the total compensation which comes by arithmetical calculation is Rs.67,75,192/-. However this Court is of the view that compensation of Rs.67,50,000/- is just and reasonable. 11. Hence, both these appeals FMA 819 of 2025 and FMA 1136 of 2025 stands disposed. The judgment and award dated 18.02.2025 passed by learned Judge, Bench-V, City Civil Court, Calcutta, in MAC Case No. 308 of 2020 stands modified to the extent that the claimants/respondents will be entitled to Rs.67,50,000/- from the appellant Magma HDI General Insurance Company Ltd. The appellant Magma HDI General Insurance Company Ltd. shall deposit before the learned 6 Registrar General, High Court, Calcutta Rs.67,50,000/- along with interest @ 6% per annum from the date of filing claim case till today. Such deposit shall be made within eight weeks from the date of communication of this order. In the event the compensation awarded by learned Trial Court is already deposited no further deposit be made. The claimants/respondents will be entitled to withdraw the compensation upon compliance of necessary formalities. 12. These appeals FMA 819 of 2025 and FMA 1136 of 2025 stands disposed. 13. As „Magma HDI General Insurance Company Ltd.‟ is presently known as „Magma General Insurance Company Ltd.‟, appellant „Magma HDI General Insurance Company Ltd.‟ in the order be read as „Magma General Insurance Company Ltd‟. 14. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Biswaroop Chowdhury, J.)