Husband run over by truck, Calcutta High Court orders ‘just compensation’ for wife

kolkata: In a case where a labourer was run over by a truck due to allegedly rash and negligent driving, the Calcutta High Court ordered the insurance company to pay the remaining balance of the compensation amount to the deceased’s wife, as she did not receive ‘just compensation’ from the tribunal’s order.

The Bench of Justice Shampa Dutt was reviewing an appeal against a Motor Accident Claims Tribunal’s order in a case where, on June 26, 2013, at approximately 7 pm, the driver of a truck lost control and ran over the victim while he was walking on the left side of the road. The victim sustained severe injury and expired on the same day. The incident took place in East Midnapore.

The insurance company had initially contested the case denying all material allegations, denying the manner of accident. It had denied that the accident was caused by rash and negligent acts of the driver of the truck but alleged it was instead the fault of the victim. They also denied the monthly income of the deceased and further stated that the compensation claimed was arbitrary and excessive.

The tribunal had fixed the compensation amount at Rs 8,25,500. The appellant, the wife, then moved the High Court against the order.

The HC, taking into account all the determining factors, set the total compensation amount at Rs 11,59,200. Since the claimants had already received Rs 8,25,500, the court directed the insurance company to pay the balance amount of Rs 3,33,700 with interest at the rate of 6 per cent per annum from date of filing of the claim application till deposit.