IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 1003 of 2025 National Insurance Co. Ltd.

VERSUS Lirasa Bibi And Anr For Appellant/Insurance Co.: Mr. Rajesh Singh, Adv.

For Claimants/Respondents.:

Ms. Sima Ghosh, Adv. Ms. Ankhi Kayel, Adv.

Last Heard on: January 27, 2026 Judgment on: February 04, 2026 Biswaroop Chowdhury,J:

The appellant before this Court was an opposite party in a claim under Section 163A of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 21st January 2025 passed by Learned Additional District Judge Fast Track 3^rd Court Berhampore Murshidabad in MAC Case No-341 of 2015. The respondent no-1 being also aggrieved by the Judgment and Award passed by the Learned Trial Judge has filed a cross objection.

The case of the claimant/respondent no-1 before the Learned Trial Court may be summed up thus:

On 29-03-2015 at about 20:00 hrs the victim Saidul Mondal riding on a Bi-cycle was proceeding from Balsenda towards his house. While the said victim reached at Palsanda More under P.S. Nabagram, the offending vehicle bearing No. WB-25F/3903 (Truck) coming from Moregram side tow