Sufala Paida @ Paira & Ors. Vs Shriram Gen Ins Co. Ltd. & Anr. — Calcutta HC (2026) — LawSathi Research

Sufala Paida @ Paira & Ors. Vs Shriram Gen Ins Co. Ltd. & Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent no.1/Shriram General Insurance Co. Ltd. to pay consolidated compensation of Rs.7,00,000/- to the appellants/claimants within eight weeks from communication of the order, to be deposited before the Registrar General, High Court, Calcutta; claimants entitled to withdraw upon compliance of necessary formalities.

Issue for consideration

Whether the appeal should be disposed of on the basis of a full and final settlement under which the claimants/appellants accept Rs.7,00,000 as compensation from respondent no.1 (Shriram General Insurance Co. Ltd.).

Court's answer

Appeal FMA 939 of 2021 is disposed on full and final settlement; the judgment and award in M.A.C. Case No. 62 of 2015 stands modified to the extent that respondent no.1/Shriram General Insurance Co. Ltd. shall pay consolidated compensation of Rs.7,00,000/- to the appellants/claimants within eight weeks from communication of the order.

Ratio / Principle

The compensation amount shall be deposited before the Registrar General, High Court, Calcutta within the said period of eight weeks.

Key takeaways

The claimants/appellants are entitled to withdraw the compensation amount upon compliance of necessary formalities.ratio¶31
CAN 1 of 2026 stands allowed: appellants/claimants no.2 and 3, Suman Paida alias Paira and Santanu Paida alias Paira, are recorded as major in the cause title of the memorandum of appeal, with the Department directed to carry out the amendment within two weeks.ratio¶15
CAN 2 of 2026 stands allowed: death of appellant/claimant no.4, Bhupati Paida alias Paira (stated to have died on 28.02.2020, death certificate annexed), is recorded, with the Department directed to carry out the amendment within two weeks.

Detailed headnote1 paragraphs

FMA 939 of 2021 (High Court at Calcutta, Appellate Side) - Biswaroop Chowdhury, J. Motor accident claim appeal against the judgment and award of the learned Additional District Judge, Re-Designated Court, Paschim Medinipur in M.A.C. Case No. 62 of 2015. CAN 1 of 2026 allowed: appellants/claimants nos. 2 and 3 (Suman Paida alias Paira and Santanu Paida alias Paira) recorded as major in the cause title. CAN 2 of 2026 allowed: death of appellant/claimant no. 4 (Bhupati Paida alias Paira, stated to have died on 28.02.2020) recorded. By consent of both parties, the appeal was disposed of in full and final settlement: the tribunal award stands modified to the extent that respondent no. 1, Shriram General Insurance Co. Ltd., is to pay consolidated compensation of Rs. 7,00,000/- to the claimants within eight weeks from communication of the order, to be deposited before the Registrar General, High Court, Calcutta, with the claimants entitled to withdraw upon compliance of necessary formalities.

Item 30.06. No. 2026 61

Ct 09

rup

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

FMA 939 of 2021 With IA NO: CAN 1 of 2026 CAN 2 of 2026

Sufala Paida alias Paira & Ors. Vs

Shriram General Insurance Co. Ltd. & Anr.

Mr. Rita Bhattacharyya.

… for the appellants/claimants.

Mr. Rajesh Singh … for the respondent No.1

In Re: CAN 1 of 2026

Learned advocates for the parties are present.

This application being CAN 1 of 2026 is taken up for consideration to record the attainment of majority of appellants/claimants no 2 and 3. The appellants/claimants no.2 and 3 have claimed to have attained majority and the relevant documents have been annexed with this application.

Thus, the application being CAN 1 of 2026 stands allowed.

The appellants/claimants no.2 and 3, Suman Paida alias Paira and Santanu Paida alias Paira be recorded as major in the cause title of the memorandum of appeal.

Department is directed to carry out the

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amendment within two weeks.

Accordingly, CAN 1 of 2026 stands disposed of.

In Re: CAN 2 of 2026

The instant application being CAN 2 of 2026 is taken up for consideration for recording death of the appelalnt/claimant no.4 i.e Bhupati Paida alias Paira. It is the contention that the appellant no.4 died on 28.02.2020 and a copy of the death certificate is annexed with this application.

Thus, the application being CAN 2 of 2026 stands allowed.

Department is directed to carry out the amendment within two weeks.

FMA 939 of 2021

By consent of the learned advocates the instant appeal being FMA 939 of 2021 is also taken up for hearing.

Upon hearing the learned advocates and considering the facts of the case, this Court is of the view that as both the parties have agreed to settle the case in full and final form by acceptance of compensation of Rs.7,00,000/by the claimants/appellants and the payments by the respondent no.1/Shriram General Insurance Co. Ltd., no further direction is required in this appeal

Accordingly, this appeal being FMA 939 of 2021 should be disposed.

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Thus, this appeal is disposed. The judgment and award passed by the Learned Additional District Judge, Re-Designated Court, Paschim Medinipur in M.A.C. Case No. 62 of 2015 stands modified to the extent that the respondent no.1/ Shriram General Insurance Co. Ltd. shall pay the compensation of Rs.7,00,000/- to the appellants/claimants as consolidated amount within eight weeks from the date of communication of this order.

Such compensation amount shall be deposited before the Registrar General, High Court, Calcutta within the said period.

The claimants/appellants are entitled to withdraw the compensation amount upon compliance of necessary formalities.

(Biswaroop Chowdhury, J.)