Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Ananya Bandyopadhyay

IA No.:CAN/1/2013 (Old No: CAN 7335 of 2013),

CAN/2/2016 (Old No: CAN 7429 of 2016)

in

FMA 102 of 2007

Smt. Protima Mitra & Anr.

Versus

The New India Assurance Co. Ltd. & Anr.

For the Appellant : Mr. Krishanu Banik,

Mr. Tathagata Banik.

For the Respondents : Mr. Animesh Das

Heard & Judgment on : 19^th August, 2025.

Ananya Bandyopadhyay, J:

1. The Learned Advocates representing the respective parties are

present in Court.

2. The instant appeal had been preferred against the impugned

judgment and award dated 13.06.2006 passed by the Learned Judge, Motor Accident Claims Tribunal, Hooghly in MAC Case No.

365 of 2004.

3. The learned advocate representing the appellants/claimants submitted to have filed the instant appeal exclusively on the ground that the Learned Tribunal had awarded a compensation to the extent of Rs.1,74,500/- to be paid by the owner of the offending vehicle which till date has not been complied with. Moreover, the Learned Tribunal disregarding the fact that the victim had been a gratuitous passenger whereby the Insurance Company should have been made liab