The New India Assurance Co. Ltd. v. Amina Khatun Bibi and Ors.
Case brief
What is this about?
Motor accident compensation appeal (FMAT (MV)) before the Calcutta High Court; insurer New India Assurance challenging quantum awarded under Section 166 Motor Vehicles Act; general damages heads recalibrated per National Insurance Co. v. Pranay Sethi (loss of estate, funeral expenses, loss of consortium); 10% enhancement applied as tribunal award passed in 2023; general damages cut from Rs. 2,10,000 to Rs. 77,000; total compensation revised to Rs. 34,01,512 with 6% p.a. interest from 22.12.2016; condonation of 159-day delay; deposit of Rs. 50,33,516 and refund of residue to insurer; claimants Amina Khatun Bibi & Ors; single-judge bench (Subhendu Samanta, J.); interim stay made absolute till disposal.
What did the court decide?
Appeal disposed of with the tribunal award modified in the insurer's favour on general damages: general damages reduced from Rs.2,10,000/- to Rs.77,000/- (Pranay Sethi benchmark Rs.70,000/- plus 10% enhancement), total compensation fixed at Rs.34,01,512/- with interest @ 6% per annum from 22.12.2016 till payment; Registrar General to disburse equally among claimants within four weeks and refund any residue to the Insurance Company; other tribunal directions intact; interim orders vacated.