Calcutta High Court
FMA/1425/2024 of ASLEMA BIBI @ ALIAS ASLEMA BEWA AND ORS Vs ROYAL SUNDARAM ALLIANCE INS CO LTD on 20 July 2026
Court at Calcutta Civil Appellate Jurisdiction Appellate Side 23.07.2026 Item No.23 Ali ct. no.9 FMA 1425 of 2024 Aslema Bibi @ Alias Aslema Bewa & Ors. Vs. Royal Sundaram Alliance Ins. Co. Ltd. Mr. Jayanta Banerjee, Mrs. Ruxmini Basu Roy, Mr. Argha Bhattacharya …for the
In the High Court at Calcutta
Civil Appellate Jurisdiction
Appellate Side
23.07.2026
Item No.23
Ali
ct. no.9
FMA 1425 of 2024
Aslema Bibi @ Alias Aslema Bewa & Ors.
Vs.
Royal Sundaram Alliance Ins. Co. Ltd.
Mr. Jayanta Banerjee,
Mrs. Ruxmini Basu Roy,
Mr. Argha Bhattacharya
…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 at the instance of the learned advocate for the appellants on the ground that there is some mistake in the calculation.
3. It is submitted by learned advocate for the appellants/claimants that in the second line of page five instead of ‘1/4th’ deduction on account of personal expenses it is mentioned as ‘1/3rd’. Thus, this mistake is rectified.
4. By rectifying the mistake after taking future prospect and 1/4th deducted the net monthly income comes to Rs.7,350/-. The annual dependency loss come to Rs.88,200/-. By applying multiplier 17 the total dependency loss comes to Rs.14,99,400/-. Further the general damages which was awarded as
Rs.84,000/- as per arithmetical calculation the total compensation comes to Rs.15,83,400/-. However, this Court is of the view that Rs.15,50,000/- is just and reasonable. It appears that in the 3rd line of paragraph 3rd of page three that instead of ‘personal expenses’ it is mentioned as ‘perusal expenses’. Thus the mistake it rectified and in the 3rd line of 3rd paragraph of page five instead of ’perusal expenses’ it should be ’personal expenses’.
5. Hence this appeal FMA 1425 of 2024 stands disposed. The judgment and award dated 29.07.2024 passed by learned District Judge, Nadia, in MAC Case No. 286 of 2016 stands modified to the extent that the claimants/appellants are entitled to Rs.15,50,000/- alongwith interest @ 6% per annum from the date of filing of the claim case till July 20, 2026.
6. The respondent/Insurance Company Ltd. shall deposit Rs.15,50,000/- alongwith interest @ 6% per annum before the learned Registrar General, High Court, Calcutta, within eight weeks from the date of communication. In the event the compensation awarded by the learned Trial Court is already deposited the balance amount be deposited. The appellants/claimants will be entitled to withdraw the compensation amount upon compliance of necessary
formalities. The deficit Court Fees be paid within four weeks.
7. Other contents of the order dated July, 20, 2026 shall remain unaltered.
8. Trial Court Records be sent back to the learned Court very expeditiously.
(Biswaroop Chowdhury, J.)