Item 13.01. IN THE HIGH COURT AT CALCUTTA No. 2026 CIVIL APPELLATE JURISDICTION

4, 5 APPELLATE SIDE and 6 Ct FMA 304 of 2025

09 The New India Assurance Company Limited Vs rup Jaly Singha & Ors.

WITH COT 115 of 2025 Jaly Singha & Anr.

Vs.

United India General Insurance Company Ltd. & Ors.

WITH FMA 1211 of 2025 JLY Singha & Anr.

Vs.

United India General Insurance Company Ltd. & Ors.

Mr. Rajesh Singh.

… for the appellant in FMA 304 of 2025, respondent No.2 in COT 115 of 2025 and respondent no.2 in FMA 1211 of

2025.

Mr. Subir Banerjee, Mr. Sandip Bandyopadhyay, Mrs. Ruxmin Basu Roy.

… for the respondents/claimants in FMA 304 of 2025, appellant in COT 115 of 2025 and appellants in FMA

1211 of 2025.

Mr. M. P. Chakraborty, Ms. Ratnadipa Karmakar.

… for the respondent no.5 in FMA 304 of 2025, respondent No. 1 in COT 115 of 2025 and respondent no.1 in FMA 1211 of 2025.

Learned advocates for the appellant /New India Assurance Company Limited in FMA 304 of 2025 and learned advocates for the respondent nos. 1 and 2/claimants and learned advocate for the respondent no.5/United India Assurance Company Limited are present.

Heard learned advocates for the parties.

The appellant before this Court was an opposite party in claim under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the judgement and award dated 11.09.2024 passed by the Learned Additional District Judge, Fast Track, 2^nd Court, Raiganj, Uttar Dinajpur in MAC Case 2 of 2020. The respondent nos. 1 and 2/claimants being also aggrieved by the said judgment and order has filed cross-objection being COT 115 of 2025 as well as a separate appeal being FMA 1211 of 2025 The case of the respondent No.1/claimant before the learned Trial Court may be summed up thus:-

On 29.11.2019 at night Palash Kumar Singha since deceased boarded on the bus being No. WB 73A/3697 at Siliguri for going to Berhampur and the bus was proceeding in high speed in negligent manner and when the bus reached at Khairakandi at about 5:15 hours at that time another truck being No. BR- 01GH/5651 was proceeding from Berhampur side to Malda Side from a opposite side at a high speed in a rash and negligent manner and due to high speed and rash driving both the drivers of the bus and the truck lost control over the bus and the truck and made a head to head collusion and as result most of the passengers of the bus received injuries and the driver of the bus and the truck also received injuries and at first they were taken to Tarapur and Beniagram Hospital and out of them the drivers of the two vehicles and two passengers of the bus i.e. Palash Kumar Singha and one girl Dipika Modak succumbed to their injuries. The drivers of the bus and the truck were driving their vehicle in a rash and negligent manner and the accident took place. The deceased Palash Kumar Singha was a man of active habits and he was the only earning source of his family and the applicants were the dependent in his income. The deceased had a chance to get promotion very soon and due to his pathetic and early death the claimants have sustained great financial loss and mental pain and agony and we have to suffer through out of their lives.

Pursuant to the filing of the case notice was issued upon the New India Assurance Company Ltd./appellant herein, United India Assurance Company Ltd. and the vehicle owners.

The appellant/New India Assurance Company Ltd. and the respondent no.5/ United India Assurance Company Ltd. contested the claim by filing the written statement. Evidence was adduced and the Learned Trial Judge upon considering the evidence and upon hearing the learned advocates was pleased to dispose of the claim case by the judgement and award dated

11.09.2024 by observing and directing as follows:-

“ ORDERED

87. 1) that, the M.A.C. Case No. 02 of 2020 under Section 166 of the Motor Vehicles Act is allowed on contest against the O.P. No.3/Insurance Company namely United India Gen. Insurance Co. Ltd. and O.P. No. 4 New India Assurance Co. Ltd. and exparte against