Calcutta High Court
FMA/814/2025 of JAYA RANA AND ORS Vs THE NATIONAL INS CO LTD AND ANR on 28 September 2026
Item No.9 Ali ct. no.9 FMA 814 of 2025 Jaya Rana & Ors. Vs. National Insurance Co. Ltd. & Anr. Mr. Jayanta Banerjee Banerjee, Mr. Sandip Bandyopadhyay, Ms. Ruxmini Basu Roy, Ms. Priyanka Samanta ………for the appellants/claimants. Mr. Rajesh Singh …for the
06.10.2026
Item No.9
Ali
ct. no.9
FMA 814 of 2025
Jaya Rana & Ors.
Vs.
National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee Banerjee,
Mr. Sandip Bandyopadhyay,
Ms. Ruxmini Basu Roy,
Ms. Priyanka Samanta
………for the appellants/claimants.
Mr. Rajesh Singh
…for the respondent/Insurance Co.
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1. Learned advocates for the parties are present.
2. The matter is put up for necessary rectification and modification of judgment and order dated September 28, 2026. It is submitted by learned Advocate for the appellants that considering the total No. of claimants of the victim which is 5 the deduction on account of personal expenses to be 1/4th not 1/3rd which is done by mistake.
3. Learned Advocate for the Insurance Company also does not dispute the submission made by the learned Advocate for the appellants.
4. In the facts and circumstances, the total monthly income being considered as Rs. 16,800/-1/4th being deducted on account of personal expenses the net monthly income comes to Rs. 12,600/-. The annual income comes to Rs.1,51,200/-. The multiplier of 17
2 applied the total dependency loss comes to Rs.25,70,400/-. Further the claimants are entitled Rs.84,000/- on account of loss of consortium, loss of estate and funeral expenses. Thus total compensation comes to Rs.26,54,400/- by arithmetical calculation. However, this Court is of the view that compensation of Rs.25,00,000/- is just and reasonable.
5. Thus, the order dated September 28, 2026 is modified. Other contents of the order dated September 28, 2026 shall remain unaltered.
(Biswaroop Chowdhury, J.)