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 c