GOURI ORAON AND ANR vs THE UNITED INDIA INSURANCE COMPANY LIMITED AND ANR

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IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Appellate Side

Present:

The Hon’ble Justice Biswaroop Chowdhury


F.M.A. 1476 of 2025
Gouri Oraon And Anr.
VERSUS
The United India Insurance Company Limited & Anr.


For the appellants/claimants:
Mr. Subir Banerjee, Adv.
Mr. Sandip Bandyopadhya, Adv.
Ms. Ruxmini Basu Roy, Adv.

Mr. M.P. Chakraborty, Adv.
Mr. Ratnadip Karmakar, Adv.


Mr. Sanjay Paul, Adv.

For the respondent/Insurance Co.:

For the respondent no.2:

Last Heard on: March 10, 2026
Judgment on: April 20, 2026
Biswaroop Chowdhury,J:
The appellant before this Court were claimants in a case under Section
166 of the Motor Vehicles Act 1988 and are aggrieved by Judgment and Award
st
dated 10-04-2024 passed by Learned Additional District Judge 1 Court at
Raygunge Uttar Dinajpur in MAC Case No-100 of 2020.

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The case of the appellants/claimants before Learned Trial Court may be
summed up thus;
On 05-01-2020 at about 6.00 p.m. Uttam Oraon since deceased after
finishing his rice mill work when returning to his house and reached
Kadamtala on NH-34 at that time one NBSTC Bus bearing no. WB-63A/5784
which was coming from Tungideghi towards Raiganj with high and excessive
speed and rash and negligent manner and all on a sudden came to wrong side
Kancha portion of the road and struck Uttam Oraon with a great force. As a
result Uttam Oraon received injuries and was taken to Raiganj Govt Medical
College and Hospital by the local people. Primarily the injured was admitted
there but due his serious condition he was referred to North Bengal Medical
College and Hospital and from there he was taken to Greenage Hospital Siliguri
as per the advice of the doctor for better treatment. The injured was there from
07.01.2020 till 10.01.2020 but due to financial condition it was decided to take
him to SSKM hospital Kolkata. On the way his condition became serious and
he was taken back to Raiganj Medical College and Hospital where doctor
declared him dead. The accident took place due to rash and negligent driving of
driver of offending vehicle WB-63A/5784.
The victim was a man of active habits aged about 34 years and on his
death claimants suffered great financial loss, mental pain and agony.
Pursuant to filing of this case notice was issued upon the opposite
parties. Opposite Parties contested the case by filing written statements.

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ISSUES were framed and evidence was adduced. Learned Trial Judge upon
perusing the evidence adduced and upon hearing the Learned Advocate was
pleased to dispose of the claim case by observing and directing as follows:
‘ Accordingly, it is,
ORDERED
That the instant case, filed U/s. 166 of Motor Vehicles Act, 1988, is
allowed on contest against the OP no. 1/Owner of the vehicle bearing
Registration No. WB-63A/5784 (NBSTC Bus) and OP nos. 2 and 3/the Insurer,
i.e., United India Insurance Co. Ltd.
That the petitioners namely 1) Gouri Oraon and 2) Aniket Oraon,
represented by his grand-mother/Gouri Oroan do get an award of Rs.
11,45,200/- (Rupees eleven lacs forty-five thousand and two hundred only) plus
interest @6% per annum from the date of filing (15.07.20) till payment along with
Rs. 89643/- from Opposite party nos. 2 & 3/Insurer, ie., United India Insurance
Co. Ltd.
The O.P Insurance Company i.e. United India Insurance Co. Ltd. is directed
to make payment of Rs. 11,45,200/- (Rupees eleven lascs forty-five thousand
and two hundred only) plus interest @6% per annum from the date of filing
(15.07.20) till payment along with Rs. 89643/- in favour of both the petitioners
nos. 1 & 2 namely 1) Gouri Oraon and 2) Aniket Oraon, by issuing separate
account payee cheques in their respective names, within two months from the

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date of this order, failing which petitioners shall have the liberty to proceed in
accordance with law to realize the fruit of this award.
In case of minor claimant, ie., Petitioner no. 2/Aniket Oroan, after receive
the cheque issued in favour of such minor claimant, the amount mentioned
therein shall be invested by the claimant no. 1/Gouri Oraon, being the grand-
mother/guardian of such minor claimant in fixed deposit scheme in the name of
such minor claimant, wither in a Nationalized Bank or in a Post Office till the
attaining the age of majority of such minor claimant.
After furnishing of documents regarding making of such investment in the
name of the minor claimant (no.2), the cheque issued in favour of claimant no.
1/Gouri Oraon will be handed over to her.
The petitioners are entitled to receive the cheques on payment of deficit
court fees as per rules, if not paid.
The claimants are directed to furnish their photographs before receiving
their cheques.
A copy of this judgment be given to the O.P no.2 & 3/the United India
Insurance Company Ltd. free of cost for compliance .’
The appellants being aggrieved by the Judgment and Award passed by
Learned Trial Judge has come up with the instant appeal Heard Learned
Advocates for the parties. Perused the evidence adduced and materials on
record.

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Learned Advocate for the appellant submits that the Learned Judge erred
in not considering the income of the victim as Rs. 9,000/- per month when
owner of the establishment where victim worked stated that the victim used to
get Rs. 9,000/- per month. Learned Advocate further submits that Government
circular of unskilled worker will also go to show that victim is entitled to get Rs.
9,000/- per month. Learned Advocate also submits that in the FIR also it was
stated that victim was working under P.W. 2 which ought to have been
considered.
Learned Advocate relies upon the following judicial decision:
Manusha Sree Kumar and ors. VS The United India Insurance Co.
Ltd.
Smt. Sarathi Barman VS Reliance General Insurance Company Ltd.
and Anr.
Civil Appeal No. 2138 of 2026
E. Vajramma and others VS Shriram General Insurance Co. Ltd. and
Anr.
Reported in 2025 (1) TAC-50(SC)
Learned Advocate for the respondent no-1 United India Insurance Co.
Ltd. submits that the nature of work which the victim used to do is not
specified thus the Learned Trial Judge did not commit any error.

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Upon perusing the claim petition and the evidence of P.W.-1 Gouri Oraon
and the FIR it will appear that the victim was employed at Rice Mill whose
proprietor was Gyan Shankar Singh of Tungidighi, Karandighi. Although there
was cross examination with regard to income of the victim but there is no
cross-examination with regard to the victim being employed at Rice Mill of
Gyan Shankar Singh. Thus it is established that the victim was employed at
Rice Mill of Gyan Shankar Singh. With regard to the income of the victim the
employer Gyan Shankar Singh filed certificate of salary of the victim, and also
deposed, in Court. He further stated that the victim used to earn Rs. 9,000/-
per month. Although in the certificate it is not mentioned about the nature of
work the victim used to do but in a question put by the Court P.W. 3 replied
that the victim was provided more amount in case of overtime duty.
Thus the issuance of salary certificate and evidence of P.W. 3 inspires
confidence in the mind of this Court that the victim used to earn Rs. 9,000/-
per month. As in the instant case salary certificate was issued and employer of
the victim deposed the decision of the Hon’ble Supreme Court in the case of
Manusha Sree Kumar (supra) is not applicable, and there is no scope to
proceed on National Income.
Thus the income of the victim has to be considered as Rs. 9,000/- per
month.
In the event the income of the victim is Rs. 9,000/- per month Rs.
3,600/- should be taken as future prospect, and the total income comes to Rs.

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rd
12,600/- per month. 1/3 should be deducted on account of personal
expenses and Net monthly income comes to Rs. 8,400/-. The annual
dependency loss comes to Rs. 100,800/-. Multiplier of 16 should be applied.
Thus the total dependency loss comes to Rs. 16,12,800/-. Further the
appellants/claimants are entitled to Rs. 70,000/- on account of consortium,
funeral expenses and loss of estate and medical expense of Rs. 89,643/-. Thus
total compensation of Rs. 17,72,443/- comes by arithmetical calculation.
However this Court is of the view that compensation of Rs. 17,00,000/- is just
and reasonable.
Hence this FMAT(MV) No-436 of 2024 stands disposed. Judgment and
st
Award dated 10-04-2024 passed by Learned Additional District Judge 1 Court
at Raiganj. In MMAC-100 of 2020 is modified to the extent that the appellants
are entitled to Rs. 17,00,000/- from respondent no-1 United India Insurance
Company Limited along with interest @6% per annum from date of filing of
claim case till today. The respondent no-1 shall deposit before Registrar
General High Court Calcutta Rs. 17,00,000/- along with interest @6% per
annum from date of filing claim case till today. Such deposit shall be made
within 8 weeks from the date of communication of this Order. In the event
compensation awarded by Learned Trial Court is paid balance amount be
deposited. The appellants/claimants will be entitled to withdraw the
compensation amount upon compliance of necessary formalities. The balance
amount if any be returned to responded no-1 along with accrued interest if
any.

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Urgent photostat certified copy of this order, if applied for, should be
made available to the parties upon compliance with the requisite formalities.

(Biswaroop Chowdhury, J.)