Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Ananya Bandyopadhyay

FMA 1050 of 2023

New India Assurance Company Limited

Versus

Allo Hembram & Ors.

For the Appellant/Insurance

Company : Mr. Rajdeep Bhattacharya

For the Respondents/Claimants : Mr. Saidur Rahman Heard & Judgment on : 28^th August, 2025.

Ananya Bandyopadhyay, J:

1. The Learned Advocates representing the respective parties are

present in Court today.

2. The instant appeal had been preferred against the impugned

judgment and order dated 30.09.2022 passed by the Learned Additional District & Sessions Judge, Motor Accident Claims Tribunal, Fast Track Court – I, Malda in M.A.C. Case No. 174 of

2017.

3. The Learned advocate representing the appellant/Insurance

Company submitted to have filed the instant appeal solely on the ground that the Insurance Company was not liable to pay the compensation awarded since the accident occurred prior in date

and time to the issuance of the Insurance Policy and relied on the Judgment of the Apex Court as cited in (2007) 7 SCC 792 [National Insurance Company Limited –Vs.- Sobina Iakai (Smt.) &

Ors.] .

“19. In order to curb this widespread misc