IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Present:

The Hon’ble Justice Ananya Bandyopadhyay FMA 1150 of 2025 Rajiv Paswan & Ors.

-Vs-

New India Assurance Company Limited & Anr.

For the Appellants/claimants : Mr. Krishanu Banik, Mr. Tathagata Banik For the respondent No.1/insurance co. : Ms. Sayanti Santra Heard & Judgment on : 04.08.2025 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

22.12.2023 passed by the learned Judge, Motor Accident Claims Tribunal, 3^rd Court, Howrah in MAC Case No. 291/2009 under Section 163A of the Motor Vehicles Act, 1988.

3. The Learned Advocate representing the appellants/claimants submitted to have filed the instant appeal exclusively on the ground that the Learned Tribunal in disposing of an application under Section 163A of the Motor Vehicles Act disregarding the statutory mandate had granted a sum of Rs.4,60,000/- as compensation contrary to a sum of Rs.5,00,000/- as statutorily stipulated.

4. The Learned Advocate for the respondent No.1/insurance company submitted that the L