The Calcutta High Court has increased the compensation awarded to the family of a deceased government doctor to Rs 1 crore following a fatal road collision, ruling that official income tax returns must serve as the primary basis for evaluating a deceased person’s annual income.
Justice Biswaroop Chowdhury enhanced the payout from a lower tribunal’s previous award of approximately Rs 89 lakh. The court instructed two insurance providers, New India Assurance Company Limited and United India Insurance Company Limited, to contribute Rs 50 lakh each. Both insurers were ordered to pay the revised amount alongside 6 percent annual interest, calculated from the date the claim petition was filed, within a period of three months.
Basis for Enhanced Compensation
In reaching the decision on July 17, the court accepted arguments presented by Advocate Saswata Bhattacharya, representing the victim’s family, who contended that the trial court erred by relying strictly on salary earnings while ignoring filed tax returns. Citing the Supreme Court judgment in the case of Anjali and others versus Lakendra Rathod and others, Justice Chowdhury affirmed that income tax returns are reliable statutory documents for establishing annual earnings.
Addressing arguments regarding secondary financial support, the court observed that the Rs 69,000 monthly pension currently received by the victim’s widow cannot deprive dependants of their right to claim compensation or be directly deducted from calculated awards. However, such benefits may be considered alongside mathematical calculations to arrive at a just settlement.
Rejection of Insurer Challenge
The ruling also dismissed a counter-appeal by New India Assurance, which sought to absolve itself of financial liability. Defense counsel Advocate Sayanti Santra had argued that the fatal crash was caused solely by the negligent driving of the car carrying the doctor and asserted that the victim was an unpaid passenger whose coverage was not covered under the vehicle policy.
The High Court upheld the lower tribunal’s finding of composite negligence against both drivers. The court noted that because an official police investigation found drivers of both involved vehicles responsible, the findings could not be discarded without cross-examining the investigating officer.
Background of the Incident
The claim arose from a collision on Bankura Bypass Road involving a dumper truck and a Maruti Swift Dzire carrying Dr. Abhijit De, a medical officer with the state government, and another physician. Dr. De sustained fatal injuries in the crash, while the accompanying doctor was injured.
Following the incident, Dr. De’s wife, son, and mother jointly filed a motor accident claim. The trial tribunal initially granted around Rs 89 lakh and assigned equal liability to both insurance companies, leading to the family’s appeal for an enhancement and the subsequent insurance challenge.
