06.01.2026 Item No.97

Ali

ct. no.9

FMA 1053 of 2025

Cholamandalam MS General Insurance Co. Ltd.

Vs.

Saraswati Kar & Ors.

Mr. Soumalya Ganguli ………for the appellant.

Mr. Krishanu Banik, Mr. Tathagata Banik

…for the respondents/claimants.

1. Learned advocate for the parties are present.

2. Heard learned advocates for the parties.

3. The appellant before this Court was an opposite

party in a case under Section 166 of the Motor Vehicles Act, 1988 filed by the respondent Nos. 1 and 2. The case of the claimant respondent No. 2 before the learned Trial Court may be summed up

thus:

“On 22.10.2020 at around 12:30 p.m., while the victim Subha Kar alongwith his friend, namely, Mou Mondal were going to Jhargram from Bohijuri by riding a motor cycle bearing no. WB-34G-7587 wearing helmet, in a normal speed keeping themselves on the left side of the road when they reached near Betkundri, at that time one vehicle (Mahindra Supro Maxi Truck) bearing

registration no. WB-49-1099 which was coming from the side of Jhargram with a very high speed and in rash and negligent manner, suddenly lost its control and dashed the motorcycle of the victim with great force. As a result of which victim and his friend were thrown o