IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 868 of 2025 Reliance General Insurance Co. Ltd.

VERSUS Tasmina Sekh & Ors.

With COT 149 of 2025 Tasmina Sekh & Anr.

Vs.

Reliance General Insurance Co. Ltd.

For the appellant/insurance co.: Ms. Gopa Das Mukherjee, Adv.

For the respondents/Claimants.: Mr. Ashique Mondal, Adv.

Mr. S.Alam, Adv.

Last Heard on: 11th November, 2025 Judgment on: 2nd December, 2025 Biswaroop Chowdhury,J:

The Appellant before this Court in FMA-868 of 2025 was a claimant in a Motor Accident claim case under Section 166 of the Motor Vehicles Act 1988, filed by the Respondents nos. 1, 2 and 3 and is aggrieved by the Judgment and Award dated 21st February 2025 passed by Learned Additional District Judge 4th Court Purba Bardhaman in the case being MAC-38 of 2015. The Respondent no-1, 2 and 3 also being aggrieved by the Judgment and Award Passed by the Learned Trial Court has filed a Counter objection being COT-149 of 2025.

The case of the claimants/Respondents no. 1, 2, and 3 may be summed up thus;

On the fateful date and time the victim went to his own cultivation land by walking on NH.2, near Pursa BPHC the offending truck dashed the victim. As a result the victim sustained severe bleeding injuries and the local people admitted the victim to Pursha BPHC then shifted to Burdwan Medical College and Hospital where he died within a very short time.

Rash, reckless and negligent driving on the part of the driver of the offending Truck being no-WB-41E/3733 was sole cause of that pathetic accident. The victim was sole earning member of his family and due to his sudden demise the claimants/petitioners have suffered a great loss beside suffering from pain and mental agony.

The case was contested by the Appellant Reliance General Insurance Co.Ltd. by filing written statement.

ISSUES were framed and evidence was adduced by the Respondents no.

1, 2 and 3 claimants. Upon persuing the evidence and upon hearing the parties Learned Trial Judge was pleased to dispose of the said claim case by observing and directing as follows:

‘Hence ORDERED that the instant case is allowed on contest against Opposite Party No. 2.

Accordingly, Rs. 23,20,000/- (Rupees Twenty Three Lakhs Twenty Thousand Only) together with simple Interest @ 6% p. a. thereon from the date of filing the case on 09.07.2015 till the date of realization is awarded in favour of the Petitioners/claimants.

The claimant widow namely i) Tasmina Sekh ii) son SK Nasim Hossain are entitled to get Rs. 11,60,000/- (Rupees Eleven Lakhs Sixty Thousand) each.

The O.P. No. 2 Reliance General Insurance Company Limited is directed to issue two separate a/c payee cheques of Rs. 11,60,000/- (Rupees Eleven Lakhs Sixty Thousand) each together with interest therein in the name of claimants, i) Tasmina Sekh ii) SK. Nasim Hossain within 2 months failing which petitioners will be at liberty to put the order into execution.”

The Judgment and Award passed by the Learned Trial Court is assailed by the Appellant @ Reliance General Insurance Co. Ltd. on the ground that the income of the deceased victim ought not to be assessed as Rs. 6,000/- per month from 2 trucks when one truck was in the name of another person and the Learned Tribunal ought not to have relied only on the deposition of P.W. 3 who stated that the monthly income of the victim was Rs. 9,000/- per month, and that the compensation awarded is excessive.

The Respondent no-1 and 2 have assailed the Judgment and Award passed by the Learned Trial Judge on the ground that the Learned Trial Judge instead of adding 40% of income on the ground that the victim was 39 years granted 25% on account of future prospect.

Heard Learned Advocate for the Appellant and Learned Advocate for Respondent no. 1, 2 and 3. Perused the evidence adduced and the materials on record.

Learned Advocate for the Appellant Insurance Company submits that the Learned Trial Court erred in assessing the compen