Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay FMA 1473 of 2024 Satya Narayan Saha Versus Saugata Saha & Ors.

For the Appellant : Mr. Ashique Mondal, Mr. Sujit Saha.

For the Respondent No.3/

Insurance Company : Mr. Rajesh Singh. Heard & Judgment on : 2^nd August, 2025.

Ananya Bandyopadhyay, J:

1. Both the Learned Advocates representing the appellant/claimant and the respondent No. 3/Insurance Company are present in Court.

2. The instant appeal had been filed against the judgment and award dated 11.10.2023 passed by the Learned Additional District Judge, Motor Accident Claims Tribunal, 4^th Court, Berhampore, Murshidabad in M.A.C. Case No. 44 of 2010.

3. An application under Section 166 of the Motor Vehicles Act had been filed by the claimant who had suffered an injury to the extent of 85% having undergone amputation of his right hand above elbow in an accident which occurred on 28.10.2009 at about 16:00 hours he being a passenger of the offending vehicle being a bus bearing registration no. WBR-2252 had got down from the same on his way on the muddy road on the State Highway. The same bus after increasi