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

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 3368 of 2015 Biswanath Halder & Ors.

VERSUS The National Insurance Co. Ltd. & Anr.

For the appellants/claimants: Mr. Saidur Rahaman, Adv.

For the respondent/Insurance Co.:

Mr. Saibalendu Bhowmik, Adv.

Mr. Rajsekhar Basu, Adv.

Last Heard on: January 27, 2026 Judgment on: March 11, 2026 Biswaroop Chowdhury,J:

The Appellants before this Court were claimants in a case under Section

166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 15-07-2014 passed by Learned Additional District Judge 2nd Court Nadia at Krishnanagar in MAC Case No. 12 of 2011.

The case of the Appellants/claimants before the Learned Trial Court may be summed up thus;

On 06-12-07 at 23.00 hrs the victim Dipali Halder was travelling by the offending vehicle bearing No-WB-20G/0635 (Tata Sumo) which was proceeding along the Krishnanagar-Karimpur pucca Road and while it reached in between Bara Andulia and Sonepukur under P.S. Chapra it suddenly dashed with a road side tree and thereafter it capsized into the road side As a result the victim Dipali Halder died on spot and som