IN THE HIGH COURT AT CALCUTTA Circuit Bench At Jalpaiguri The Hon’ble JusticPer eBsiesnwt:a roop Chowdhury FMA 68 of 2024 Priyanka Saha VERSUS Narayan Rakshit & Anr.

For the appellant: Mr. Satyaki Basu, Adv.

Mr. Rumali Basu, Adv.

For the respondent no.2 /Insurance Company:

Mr. Rishin Chakraborty, Adv.

Last Heard on: December 18, 2025 Judgment on: December 22, 2025 Biswaroop Chowdhury, J:

The appellant before this Court was a claimant in a case under Section

166 of the Motor Vehicles Act 1988, and is aggrieved by the Judgment and Award dated 31-08-2019 passed by Learned Additional District Judge Malbazar Jalpaiguri in MAC case No-323 of 2017.

The case of the appellant before the Learned Trial Court may be summed up thus:

On 24-07-2016 at about 1.00 Hrs. when the said Soumendra Nath Saha was returning to the Parental house of the appellant from Siliguri towards Prakash Nagar on his motor cycle bearing Registration number WB-74-AJ-

1741 at that time near Payal More, P.S. Bhaktinagar District Jalpaiguri a pick up van bearing Regd. No. WB-72-C-0057 driven rash and negligently with high speed dashed the said Soumendra Nath Saha returning to the parental house of the appellant as a result Soumendr