FMA/1186/2025 of THE ORIENTAL INSURANCE COMPANY LTD Vs TAPAS ROY AND ORS on 15 September 2026

Item No. 36 &

Ct rup

22.09. IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 1186 of 2025 The Oriental Insurance Company Limited Vs Tapas Roy & Ors. With FMAT (MV) 723 of 2024 Tapas Roy & Anr. Vs. The Oriental Insurance Company Limited & Ors. Mr. Sucharita Paul … for the appellant/insurance Co. Mr. Jayanta Banerjee, Mrs. Ruxmini Basu Roy, … for the respondents/claimants. Learned advocates for the parties are present. This matter is put up for necessary rectification of the judgment and order dated September 15, 2026. The rectification is sought for on the calculation of the quantum of compensation. It is pointed out by the learned advocates that the annual dependency loss by calculation comes to Rs. 33,600/- and Rs.33,600/- multiplied by 18, the total dependency loss comes to Rs. 6,04,800/-. Further the claimants are entitled to Rs. 1,10,000/- on account of general damages. Thus, the total compensation the claimants are entitled from the Oriental Insurance Company Limited is Rs.7,14,800/-. However, this Court is of the view that compensation of Rs.7,00,000/- is just and reasonable. Hence, the judgement and order dated September 15, 2026 stands modified to the extent that claimants are entitled to compensation of Rs.7,00,000/- from the appellant, Oriental Insurance Company Limited along with interest @ 6% per annum from the date of filing claim case till September 15, 2026. Oriental Insurance Company Limited shall deposit the compensation amount of Rs.7,00,000/- along with interest @ 6% p.a. within eight weeks from the date of communication of this order before the Registrar General, High Court, Calcutta. In the event, the sum awarded by the Learned Trial Court is already deposited, the balance deposit be made. The other contents of the judgment and order dated September 15, 2026 stands unaltered.

(Biswaroop Chowdhury, J.)