Safiya Malik

The Calcutta High Court, in a judgment delivered by Justice Prasenjit Biswas, set aside the dismissal of a compensation claim by the Motor Accident Claims Tribunal and awarded financial relief to the legal heirs of a road accident victim. The court examined medical records, police reports, and witness testimonies to determine whether the evidence established a link between the accident and the victim’s death. After considering the chain of events following the accident, the court concluded that the claim was supported and awarded compensation of Rs. 4,65,795/- with interest, directing the insurance company to make the payment within six weeks.

The case arose from an accident on June 29, 2005, involving Subal Chandra Das, who was traveling to Gosaihat on a mini truck bearing registration number WB-65/0941. The vehicle was allegedly being driven at high speed in a rash and negligent manner, causing the victim to fall onto the road near Bablabona, sustaining severe head and neck injuries.

After the accident, the victim was taken to Malda Sadar Hospital and later referred to a teaching institution for specialized treatment. He was admitted to Bellona Nursing Home in Kolkata, where he underwent surgery. Despite treatment, his condition worsened, leading to prolonged immobility and bedsores. He was re-admitted to Malda Sadar Hospital on November 1, 2005, discharged on November 6, 2005, but his health continued to deteriorate, and he passed away on December 20, 2005.

The victim initially filed a compensation claim while undergoing treatment. After his death, his legal heirs, including his wife and children, continued the claim process. The Motor Accident Claims Tribunal dismissed the application, stating that the claimants had not provided sufficient documentary evidence to establish a connection between the accident and the victim’s death. The tribunal also noted that the claimants failed to prove that the victim had hired the vehicle for transportation.

The claimants, through their counsel, argued that the tribunal overlooked medical reports, witness statements, and police records, which showed that the injuries sustained in the accident directly led to the victim’s prolonged suffering and eventual death. They also contended that the tribunal erred by focusing on the absence of a formal hiring document while disregarding the FIR, charge sheet, and depositions confirming that the victim was aboard the truck at the time of the accident.

The insurance company opposed the appeal, arguing that there was no continuous medical record linking the accident to the victim’s death and that the claimants failed to establish whether the victim was a paying passenger or traveling gratuitously, which could impact liability under the insurance policy.

The court examined certified copies of the FIR and charge sheet, which documented that the accident was caused by the rash and negligent driving of the mini truck. The judgment stated:

"From the FIR and charge-sheet, it appears that the victim boarded the offending vehicle and was going to his market place at Gosaihat. The said accident took place due to rash and negligent driving of the offending vehicle and as a result, the victim fell down on the road and sustained injury on his person."

The court examined medical records, which showed that the victim suffered serious injuries requiring hospitalization and surgery. The judgment noted:

"The chain of circumstances as narrated above clearly shows that the victim sustained injury on his person and was treated in hospital and nursing home at Kolkata and due to such accident, he was confined to bed and sustained bedsore and the victim subsequently expired on 20.12.2005."

Regarding the question of whether the victim legally hired the vehicle, the court held:

"No document was produced on behalf of the respondent/Insurance Company to show that the victim was a gratuitous passenger."

The insurance company did not present counter-evidence to disprove that the victim had boarded the vehicle for a legitimate purpose. The court observed that the FIR, depositions, and evidence indicated the victim was traveling for business reasons, supporting the claimants’ case.

After setting aside the tribunal’s dismissal, the court determined the compensation as follows:

• Monthly income of the deceased: Rs. 3,000/-

• Annual income: Rs. 36,000/-

• Future prospect (10% increase): Rs. 3,600/-

• Deduction for personal expenses (1/4th deduction): Rs. 29,700/-

• Multiplier of 11 (based on age): Rs. 3,26,700/-

• General damages (loss of estate, consortium, and funeral expenses, subject to a 10% increase every three years): Rs. 84,000/-

• Medical expenses: Rs. 55,095/-

Total compensation awarded: Rs. 4,65,795/- with interest at 6% per annum from the date of filing the claim.

The court directed the insurance company to deposit the awarded compensation amount with the Registrar General, High Court, Calcutta, within six weeks. Upon deposit, the Registrar General shall release the cheques in favor of the claimants after verifying their identities and ensuring payment of any outstanding court fees, if not already paid. The court further specified that the spousal consortium amount should be allocated to the wife of the deceased. Additionally, the court set aside the judgment and award passed by the Motor Accident Claims Tribunal on July 5, 2008, in connection with M.A.C. Case No. 360/05 and allowed the appeal. It also ordered that all connected applications, if any, stand disposed of.

Case Title: Smt. Mamata Das and Others vs. New India Assurance Company Ltd. and Another
Case Number: FMA 450 of 2009
Bench: Justice Prasenjit Biswas

[Read/Download order]