Calcutta High Court enhances compensation to Rs 1 crore for doctor killed in crash

Considering that the victim was a medical officer under the state government and the widow of the victim at present is receiving a pension of Rs 69,000 per month, the court noted that although the grant of pension or death benefits cannot deprive the dependants from claiming compensation nor can the death benefits received be adjusted from compensation computed, the said facts may be taken into consideration along with the compensation computed by arithmetical calculation to decide what should be just and reasonable compensation.

Doctor’s family seeks enhancement

The case arose from the incident when Dr Abhijit De was travelling in a Maruti Swift Dzire with another doctor when a dumper truck, allegedly driven rashly, collided with their car on Bankura Bypass Road. In the accident, Dr Abhijit De died, and the other doctor sustained injuries.

After the death, his wife, son, and mother filed a motor accident compensation claim. The tribunal awarded about Rs. 89 lakh, directing United India Insurance and New India Assurance to share the liability equally.

Dissatisfied with the compensation, the claimants sought enhancement, while New India Assurance challenged its liability and the finding of composite negligence.

Arguments of parties

Appearing for the New India Assurance Company Limited, Advocate Sayanti Santra submitted that the trial judge erred in holding composite negligence of both vehicles when evidence would go to show that the accident took place due to rash and negligent driving of the vehicle.

It was further submitted that the victim was a gratuitous passenger in the vehicle. It was submitted that the extra premium required to be paid in case of a gratuitous passenger is not paid by the insured vehicle owner.

Appearing for the family, advocate Saswata Bhattacharya submitted that the trial judge erred in taking into consideration the salary income only and ignoring the income tax return. The advocate further submitted that the trial judge ought to have considered the income tax return for ascertaining the compensation.

Compensation enhanced to Rs 1crore

The commission noted that when the police authority has carried out an investigation in accordance with law and submitted a report observing both the drivers liable, the report cannot be discarded without examining the investigating officer. Thus, this court does not find any error in the findings of the trial judge regarding involvement of both the vehicles.

The order, on the point of the income tax return, referred to the Supreme Court decision in Anjali and ors v Lakendra Rathod and ors case, where the court observed that the income tax return is a statutory document on which reliance may be placed to determine the annual income of the deceased.

The court dismissed New India Assurance’s appeal challenging its liability and partly allowed the claimants’ appeal by enhancing the compensation from about Rs 89 lakh to Rs 1 crore. It directed New India Assurance and United India Insurance to pay Rs 50 lakh each, along with 6 per cent annual interest from the date of filing the claim petition until payment, within three months.