IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Biswaroop Chowdhury

F.M.A. 589 of 2025

Kashmira Bibi & Another

VERSUS

United India Insurance Company Limited & Another

For the appellants/claimants: Mr. Snehasish Sutradhar, Adv.

Mr. Swarnali Biswas, Adv.

For the respondents/Insurance

Company: Ms. Sucharita Paul, Adv.

Last Heard on: November 25, 2025

Judgment on: January 09, 2026

Biswaroop Chowdhury,J:

The appellants before this Court were the claimants in a case under

Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 30-09-2023 passed by Learned Additional District Judge Fast

Track 6th Court Alipore South 24 Parganas in MAC Case No. 36 of 2017.

The case of the Appellant/claimant before Learned Trial Court may be

summed up thus:

On 19-10-2016 at about 4.15 p.m. the victim Md. Bashir aged about 46 years was travelling in an auto-rick shaw bearing registration No. WB-04-6618 from Chakmir to Mollar Gate as a passenger and when the said auto rickshaw reached near Santoshpur Bus stand it suddenly turned turtle due to its high speed. As a result the victim Md. Bashir fell down on the road and received severe injurie