15.12.2025 Sl. No. 120 Court No.4 Ali CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE FMA 56 of 2024 Smt. Gita Barman & Anr.

Vs.

The New India Assurance Company Ltd. & Anr.

Mr. Smt. Rumili Basu, Adv. Durga Bagani .... for the appellants/claimants.

Mr. R. Chakraborty ...for the respondent No. 1 New India Assurance Co.

1. Learned advocate for the appellants/claimants and learned advocate for the respondent No. 1 New India Assurance Co. Ltd. are present.

2. Heard the learned advocates for the parties.

3. The appellant before this Court was a claimant in a claim case under Section 166 of the Motor Vehicle Act, 1988 and is aggrieved by the judgment and award dated 13^th day of January, 2017 in MACC Case No. 171 of 2015. The case of the claimants/appellants may be summed up thus:

On 06.12.2014 at about 6 p.m. when the victim Gokul Barman was proceeding towards his house with one cycle from Assam More, at that time one truck bearing No. WB-39/2681 coming with high speed, rashly and negligently dashed the back side of Gokul Barman near Pancha Hotel, Haldibari more, P.S. Kotwali, District Jalpaiguri. As a result, Gokul Barman sustained severe injuries on different parts of his