The Calcutta High Court dismissed an insurance company’s appeal, upholding the award to the deceased’s family in a fatal road accident, observing that compensation cannot be denied on alleged drunkenness or insurance technicalities.
The accident occurred late at night when Ganesh Das and his companion were riding a motorcycle on NH-41. A speeding truck, coming from the same direction, overtook the motorcycle recklessly and blocked its path, forcing the motorcyclists to crash. Both sustained serious injuries, with Ganesh Das succumbing to the impact on the spot. The truck driver was found to have driven in a rash and negligent manner, causing the fatal accident.
The insurance company argued that the compensation should not have been granted, claiming that the deceased was allegedly riding under the influence of alcohol, the motorcycle was uninsured, and the awarded amount was excessive. The claimants’ counsel countered that mere traces of alcohol in the stomach cannot establish violation of Section 185(A) of the Motor Vehicles Act, and the compensation must be calculated based on the life and earning potential of the deceased. They also contended that the insurance coverage of the offending truck, not the deceased’s motorcycle, was relevant for liability.
The Delhi High Court observed that “when a person meets with an accident and is dead, the heirs of the said victim cannot be deprived of compensation because the person is no longer alive to defend himself.” The Court emphasized that alleged drunkenness cannot bar posthumous claims, and insurance disputes relating to another vehicle do not absolve the insurer of responsibility. On the income aspect, the Court held that the trial court’s estimate of Rs 5,000 per month for the deceased was reasonable due to lack of evidence to prove higher earnings.
The Court also noted the broader public interest concern regarding vehicles running without valid insurance and urged insurance companies to inform transport authorities in such cases.
The Court dismissed the appeal and upheld the trial court’s award of compensation of Rs 11,41,000 to the claimants, along with accrued interest. The claimants were directed to comply with all formalities to withdraw the awarded sum. Trial court records were ordered to be returned, and certified copies of the order are to be made available to parties on request.
Case Title: The New India Assurance Co. Ltd. Vs. Sabita Das & Ors.
Case No.: F.M.A. 1044 of 2024
Coram: Justice Biswaroop Chowdhury
Advocate for Petitioner: Adv. Rajdeept Bhattacharya
Advocate for Respondent: Adv. Amit Ranjan Roy
Read Judgment @Latestlaws.com
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