The Calcutta High Court has enhanced compensation in a fatal motor accident claim involving a 17-year-old scooter rider, holding that driving without a licence by itself cannot deprive the victim or his family of compensation when the accident is caused by the rash and negligent driving of another vehicle.
Justice Biswaroop Chowdhury also found that the insurance company had failed to establish that the deceased had contributed to the accident.
Background of the Case
The appeals arose from a Motor Accident Claims case concerning the death of a 17-year-old boy who was riding his sister’s Scooty with a pillion rider. The claimants alleged that a Bolero coming from the opposite direction at excessive speed lost control and collided with the Scooty.
The trial court had directed Oriental Insurance Company Limited to pay Rs 1.77 lakh each to the two claimants, along with interest at 6% per annum from the date of filing of the claim petition. Both sides challenged different aspects of that award.
The insurance company argued that the deceased was a minor, had no driving licence and had contributed to the accident. The claimants, meanwhile, sought higher compensation, pointing to the deceased’s alleged monthly income, future earning prospects and consortium.
Court’s Observation
Rejecting the insurance company’s principal objection, the High Court observed:
“Driving without driving license is a ground to prosecute the driver of a vehicle, but the same cannot be ground to deprive him or his family if injury or death occurs by rash and negligent driving of another vehicle.”
The Court further noted that the insurance company had not produced sufficient evidence to establish contributory negligence on the part of the deceased.
On the question of compensation, the Court did not accept the claimed monthly income of Rs 6,000 in full because the employer had not been examined. Considering the evidence and the deceased’s age, it assessed the monthly income at Rs 4,000.
After adding 40% towards future prospects and deducting 50% towards personal expenses, the Court calculated the loss of dependency using a multiplier of 18. It also considered consortium, loss of estate and funeral expenses.
Decision
The High Court modified the trial court’s award and fixed the total compensation at Rs 6,50,000.
Oriental Insurance Company Limited was directed to deposit the amount, along with 6% annual interest from the date of filing of the claim case until the date of judgment, before the Registrar General of the High Court within eight weeks of communication of the order.
The two appeals were accordingly disposed of.
Case Details:
- Case Title: The Oriental Insurance Company Limited v. Tapas Roy & Ors.
- Case Number: F.M.A. 1186 of 2025 with FMAT (MV) 723 of 2024
- Judge: Justice Biswaroop Chowdhury
- Decision Date: September 15, 2026
