IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Biswaroop Chowdhury

F.M.A. 70 of 2023

SANDHYA RANI JANA AND ANR

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND ANOTHER. For Appellants/claimants: Mr. Ashique Mondal, Adv.

Mr. Shahmeraz Alam, Adv.

For Respondent No. 1/Insurance Co.:

Mr. Saswata Bhattacharyya, Adv.

Last Heard on: November 24, 2025 Judgment on: December 09, 2025

Biswaroop Chowdhury,J:

The appellant before this Court was a claimant in claim under Section

166 of the Motor Vehicles Act, 1988 and is aggrieved by the Judgment and award dated 19.05.2022 passed by Learned Additional District Judge, Fast

Track, 3rd Court, Paschim Medinipur in MAC Case No. 34 of 2015.

The case of the appellant/claimant before the Learned Trial Court may

be summed up thus:-

On 23.12.2014 at around 10.30 PM when the deceased was standing on footpath for going to his home from his place of work by foot near Ramjungla Para one motor cycle WB-30K/3073 which was coming with high speed and in rash and negligent manner dashed the deceased as a result of which the deceased sustained injury and died on spot.

The accident took place solely due to rash and negligent dr