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

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 1194 of 2025 With IA NO: CAN 2 OF 2025 CAN 3 OF 2025 National Insurance Co. Ltd.

VERSUS Lakshmi Kanta Patra & Anr.

For the Appellant: Mr. M.P. Chakraborty, Adv.

Ms. Ratnadipa Karmakar, Adv.

For the Respondents:

Mr. Amit Ranjan Roy, Adv.

Last Heard on: December 08, 2025 Judgment on: January 19, 2026 Biswaroop Chowdhury,J:

The Appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988, and is aggrieved by the Judgment and Award dated 30th January 2025 passed by Learned Additional District Judge 2nd Court Tamluk Purba Medinipur in MAC Case No-83 of 2013.

The case of the claimants/respondent no-1 may be summed up thus:

On 27-07-2013 at about 8.30 P.M while the claimant was standing along with some other persons in front of Santu Jewellery at a safe distance about 7 ft. from the bus road at that time the offending truck being no-WB-29A/3600 was coming from Mecheda side in a terrific high speed suddenly at the place of occurrence front wheel of the offending vehicle no-WB-29A/3600 opened from the chassis and dashed the claimants and others standing in a great force.

As a result of the accident the claimant and others suffered bleeding injury dangerously. The claimant/respondent no-1 received injury on her left leg and also on her head. At first the claimant was admitted at SAB Nursing Home at Durgachok then for better treatment she was admitted at CMRI Kolkata where she was treated upto 21.08.2013 and second time she was admitted on 28.08.2013 and treated upto 04.9.2013. The expenses incurred for the treatment of claimant is more than Rs. 700,000/- The claimant is fully unemployed and not fit to do anything. The accident took place due to rash and negligent driving by driver of offending vehicle being WB-29A/3669 (Truck).

Pursuant to the filing of claim case notice was issued upon the appellant and respondent no-2 being the opposite parties of the said claim case.

The appellant Insurance Company contested the case by filing written statement. The respondent no-2 owner of the vehicle although appeared but did not contest the case.

The Learned Trial Court by Judgment and Award dated 30.01.2025 was pleased to dispose the claim case by observing and directing as follows:

‘Hence, it is ordered that the instant MAC Case No. 83 of 2013 (Registration No.-1823/2014) u/sec. 166 of the MV Act be and the same is allowed on contest against OP-2 ie. National Insurance Co. Ltd. and ex-parte against OP-1 Lutfannesa Begam owner of the offending vehicle bearing No-WB-

29A/3660 but without any order as to costs.

The claimant Lakshmi Kanta Patra do get an award of Rs. 4,84,344/-

(Rupees four lakh eighty four thousand three hundred forty four only) together with an interest @6% p.a. from the date of filing of the instant case till the payment by OP No. 2/National Insurance Co.Ltd.

The OP-2/National Insurance Co. Ltd. is hereby directed to pay the awarded amount with interest by an A/C payee cheque in the name of claimant Lakshmi Kanta Patra. The O.P.-2/National Insurance Co. Ltd. is further directed to issue the said cheque within one month from the date of this order, failing which the awarded amount shall carry further interest @ 8% p.a. from the date of this Order till realization of that amount.’

The appellant being aggrieved by the Judgment and Award dated

30/01/2025 passed by the Learned Trial Judge has come up with the instant appeal.

It is the contention of the Appellant that the Learned Trial Judge erred in passing the award without considering that though the Driving License was seized but the validity of Driving License was not confirmed. It is further contended that the Learned Trial Judge erred in not allowing the Insurance Company to recover the awarded sum from owner of vehicle. It is also contended that the interest awarded is arbitrary as several adjournments were obtained by the c