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 towards Berhampore in a rash and negligent manner with excessive high speed dashed the said victims bi-cycle on the road side and sustained several blood injuries over his body. Then and there a few assembled people of the locality shifted the said victim into the Murshidabad Medical college and Hospital for his treatment. He died there on 30-03-2015.

Pursuant to filing of the case notice was issued upon the opposite parties opposite party vehicle owner appeared but did not contest the case. Opposite party Insurance Company Appellant herein contested the case by filing written statement.

Issues were framed and evidence was adduced by the claimant/respondent no-1. Upon considering the evidence and upon hearing the Learned Advocates the Learned Trial Court was pleased to dispose of the claim case by observing and directing as follows:

‘Hence it is ORDERED that the Motor Accident Claim Case No-341 of

2015 be and the same is allowed on contest against the O.P./National Insurance Co. Ltd. but without costs claimant/petitioner do get Award of Rs.

4,70,000/- (Rupees Four Lakhs Seventy Thousand) only as compensation along with interest @ 6% per annum from the date of filing this case i.e. on 22-

04-2015 till realization of the award.

The O.P./National Insurance Co. Ltd. is directed to pay the awarded amount by issuing Account Payee Cheque along with interest as stated within 60 days hereof failing which claimant will be at liberty to put this order into execution with further interest @7% per annum from the date of order till the date of realization.’

The appellant National Insurance Company Limited being aggrieved by the Judgment and Award passed by the Learned Trial Judge has come up with the instant appeal.

Although different grounds were taken by the appellant National Insurance Company Ltd. but at the time of argument, the submission advanced by the Learned Advocate is that the driver of the offending vehicle was driving without valid driving license. Learned Advocate draws attention to the seizure list and submits that the driving license seized goes to show that the driver of the offending vehicle was permitted to drive non-transport vehicle and not a truck. Learned Advocate further submits that by driving truck with a driving license of non-transport vehicle goes to show that there is violation of policy conditions thus the Learned Trial Court ought to have passed order of pay and recovery.

Learned Advocate for the respondent no-1/claimant submits that the claimant is entitled to Rs. 500000/- (Rupees five lakh) under Section 164 of the Motor Vehicles Act 1988 but the Learned Trial Judge erred in awarding compensation of Rs. 4,70,000/-.

With regard to the submission made by the claimant/respondent no-1 with regard to the quantum of compensation this Court is of th