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2025 Supreme(Online)(Cal) 5823

CALCUTTA HIGH COURT
BALDEO ORAON AND ANR – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LTD. AND ANR – Respondent


IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present: The Hon’ble Justice Partha Sarathi Sen

FMA 38 of 2024

Baldeo Oraon and Anr.

Vs.

The Oriental Insurance Company Ltd. and Anr.

For the appellants: Mr. Gobinda Saha, Adv.,

Mr. Tamal Kumar Sen, Adv., Mr. Milon Ch. Laskar, Adv.,

Ms. Priyanka Dey, Adv.

For the respondent no.1/ insurance company: Mr. Rishin Chakraborty, Adv.

Heard on : 12.08.2025 Judgement on : 18.08.2025

PARTHA SARATHI SEN, J:-

1. In the instant appeal the judgment dated 14.06.2024 as passed in MAC case no.115 of 2020 by the Motor Accident Claims Tribunal, 2nd Fast Track Court, Jalpaiguri (hereinafter referred to as the said Tribunal in short) is

assailed.

2. By the impugned judgement the said Tribunal in an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act in short) passed an award for Rs.9,10,000/- as compensation together with interest at the rate of 6 % per annum from the date of filing of the application

till realization of the awarded amount in favour of the claimants.

3. The claimants who are the husband and daughter of the deceased felt aggrieved with the quantum of the

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