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2025 Supreme(Online)(Cal) 2779

CALCUTTA HIGH COURT
Ananya Bandyopadhyay, J
Dinabandhu Biswas & Anr. – Appellant
Versus
The New India Assurance Co. Ltd. & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Saidur Rahaman
For the Respondents: Mr. Rajesh Singh

For the Appellants/claimants : Mr. Saidur Rahaman For the respondent No.1/insurance co. : Mr. Rajesh Singh Heard on Judgment on : 01.07.2025 Ananya Bandyopadhyay, J. :-

1. The Learned Advocates for the appellants/claimants as well as the respondent No.1/insurance company are present in Court.

2. The instant appeal had been filed against the judgment dated 21st December, 2012 passed by the Learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, 3rd Court, Nadia, Krishnagar in MAC Case No. 8 of 2018 under Section 163A of the Motor Vehicles Act , 1988.

3. An application under Section 163A of the Motor Vehicles Act had been filed by the claimants on account of the death of 18 year old boy in an accident which occurred on 26th May, 2006 at about 6.30 P.M. on National Highway 34 near Chatimtala within the jurisdiction of Chakdha police station in the District of Nadia with the involvement of offending vehicle being a bus bearing registration No.WGB-3569 which proceeding at an exceeding speed rashly and negligently hit the victim who sustained severe injuries and died at a hospital.

4. The Learned Advocate representing the appellants/claimants submitted that the Learn

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