Calcutta High Court
FMA/791/2026 of THE ORIENTAL INSURANCE COMPANY LIMITED Vs SUJATA GHOSH AND ANR on 6 October 2026
06, 2026. KAUSHIK F.M.A. 791 of 2026 CAN 1 of 2026 The Oriental Insurance Company Limited Vs. Sujata Ghosh & Anr. Mr. Ananda Gopal Mukherjee … for the appellant 1. The instant appeal is directed against an award dated 1 December, 2025 passed by the Commissioner, Employees’
D/L.10.
October 06, 2026.
KAUSHIK
F.M.A. 791 of 2026
CAN 1 of 2026
The Oriental Insurance Company Limited
Vs.
Sujata Ghosh & Anr.
Mr. Ananda Gopal Mukherjee
… for the appellant
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The instant appeal is directed against an award dated 1 December, 2025 passed by the Commissioner, Employees’ Compensation, 1st Court, West Bengal in Claim Case No. 31 of 2019.
2. The brief facts of the case are that the husband of the claimant, (since deceased), was an employee of the private respondent and had suffered personal injuries in an accident on 23 December, 2017. Such injuries were suffered in the course of employment. Ultimately, the employee expired on 28 December, 2017. The deceased was a ‘khalashi’ and the accident occurred in front of a hotel within the jurisdiction of the Chanditala Police Station where he was hit by a lorry coming from the opposite direction.
3. The employee was admitted to hospital and had expired on 28 December, 2017.
4. The owner did not contest the case.The insurance company was represented and denied the allegations of the petitioner. Thereafter, Issues were framed and the
2 impugned order came to be passed whereby the claimant has been awarded a sum of Rs.7,13,475/- along with interest @ 12 per cent p.a. after expiry of one month of the accident.
5. It is submitted on behalf of the appellant that in a connected criminal complaint, the police authorities have found that there was no accident and hence the entire case of the appellant was liable to be rejected. It is further contended that since the First Information Report did not culminate in a charge-sheet, the claimant is not entitled to any compensation.
6. We have considered the submissions made on behalf of the appellant and find no reason to admit this appeal. There is no question of law far less a substantial question of law which arises for consideration. All the questions which the appellant have sought to raise are purely factual and the appellant having adduced no evidence nor contested the proceeding before the Commissioner cannot in a circuitous manner seek to raise factual disputes at this stage.
7. FMA 791 of 2026 along with connected application stands dismissed.
(Ravi Krishan Kapur, J.)
(Atarup Banerjee, J.)