IN THE HIGH COURT AT CALCUTTA Circuit Bench At Jalpaiguri The Hon’ble JusticPer eBsiesnwt:a roop Chowdhury FMA 20 of 2025 Hachhen @ Hachhena @ Hasen Ali & Anr.

VERSUS United India Insurance Company Ltd. & Anr.

For the appellants: Mr. Gobinda Saha, Adv.

Mr. Tamal Kr. Sen, Adv. Ms. Priyanka Das, Adv.

Mr. Milan Ch. Laskar, Adv.

Mr. Srija Bhowmik, Adv.

For the respondent /Insurance Company:

Mr. Bipul Ranjan Bhattacharjee, Adv. Last Heard on: December 18, 2025 Judgment on: December 23, 2025 Biswaroop Chowdhury, J:

The Appellant before this Court was a Claimant in a claim case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 31st August 2024 passed by Learned Additional District Judge Fast Track 1st Court Jalpaiguri in MAC case No. 604 of 2022.

The case of the Appellant/claimant before the Learned Trial Court may be summed up thus:

On 11-11-2022 at about 5.30 to 6.00 a.m while the deceased Manirul Ali was proceeding towards Purnia from the side of his residence in one bus bearing WB-71A-1965 as a passenger then near Kalagach over bridge near P.S. Chapra at Uttardinajpur the said bus met with an accident and as a result the said deceased sustained serious injury on his person and died on the spot. Subsequently P.M. was done at Islampur S.D. Hospital. The parents of the deceased stated that he was student cum private tutor and used to earn Rs. 9,000/- per month from the said profession and his family members were completely dependent upon him. The sudden death of their son caused serious loss pain shock suffering for the life time. The accident took place due to rash and negligent driving on the part of the driver of the offending vehicle WB-71A-

1695.

Over the incident Police complaint was made and case was instituted u/s-279/337/338/304 IPC. On completion of investigation charge sheet was submitted against driver of offending vehicle.

The respondent no-1 United India Insurance Company Ltd. filed written statement and contested the case.

By Judgment and Award dated 31st day of August 2024 Learned Trial Court was pleased to dispose of the claim case by observing and directing as follows:

‘Hence it is ORDERED that the instant case filed u/s.166 of Motor Vehicles Act 1988 is allowed on contest as against the O.P. No. 2/The United India Insurance Comp. Ltd. and ex-parte against the O.P. No-1/owner.

The petitioner/claimants Hossen @ Hossain Miya and Hosneara Begum being the legal heirs and representatives of the deceased/victim Manirul Alil do get an award of Rs. 9,77,200/- (Rs. Nine lakhs and seventy seven thousand and two hundred only) in equal shares subject to payment of DCF if any.’

The claimants/appellants being aggrieved by the order passed by the Learned Trial Judge has come up with the instant appeal.

The grounds on which the Judgment and Award of the Learned Trial Judge is assailed firstly that the Learned Trial Judge erred in assessing the monthly income of the victim as Rs. 6000/- and not Rs. 12,000/- which appears from deposition of P.W. 1 secondly the compensation awarded is inadequate, and thirdly the interest was not awarded from date of filing of the case.

Heard Learned Advocate for the claimant/appellant and Learned Advocate for the respondent no-1 perused the evidence adduced and materials on record.

Learned Advocate for the appellant submits that the Learned Trial Judge erred in not proceeding to compute compensation on the basis of monthly income of Rs. 12,000/- and proceeded on the basis of monthly income at Rs. 6,000/-. Learned Advocate draws attention to the Government Circular regarding monthly minimum wages in West Bengal for the year 2022.

The circular reads as follows:

‘The minimum wage for a private tuition teacher in West Bengal in 2022 varied depending on whether they were covered under specific scheduled employment categories and their skill level. There was no single minimum wage specifically for “private tuition teacher as a distinct state-wide category, but rather applicable r