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

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 792 of 2023 Magma HDI General Insurance Company Limited VERSUS Tahamina Bibi & Ors.

For the appellant: Mr. Rajesh Singh, Adv.

For the respondents/claimants:

Mr. Jayanta Kr. Mandal, Adv.

Mr. Sayantan Rakshit, Adv.

Last Heard on: February 26, 2026 Judgment on: April 16, 2026 Biswaroop Chowdhury,J:

The appellant before this Court was an opposite party in an application under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 7th day of July 2023 passed by Learned Additional District Judge Fast Track Court Suri Birbhum in MAC Case No. 132/2019.

The case of the claimants/respondents no. 1 to 3 before the Learned Trial Court may be summed up thus;

On 15-03-2019 at about 10.30 hrs to 11.00 hrs (night) when the victim Rajel Sekh was coming from Kalidanga towards Rampurhat riding a motorcycle bearing no. WB 46E-4519 and when he reached Bomhat Hajra Kala pond on the road left side at that time one vehicle (new) bearing Engine No. 91804071J63626938 and chassis No. MAT. 466131 H 3K25746 was coming rashly and negligently with high speed without blowing any horn from the same direction. i.e. Kalidanga to Rampurhat and directly dashed behind the said motor cycle causing severe injury as a result victim sustained grievous head injury and died on the spot. The victim was aged about 29 years and he was the owner of crusher and also vehicle owner and used to earn Rs. 30,000/- p.m. The offending vehicle is solely responsible for the death of the victim. The petitioners claimed Rs. 60 lakhs as well as general damages future prospects loss of care and guidance of minor children loss of consortium and funeral expenses as well as affection deprivation of protection, security with interest @10% per annum from the date of filing of claim case till realization.

Pursuant to the filing of this case notice was issued upon the opposite party vehicle owner, and opposite party Magma HDI General Insurance Company Limited. Although opposite party vehicle owner appeared but did not contest the case. Opposite party Magma HDI General Insurance Co. Ltd. contested the case by filing written statement. ISSUES were framed and evidence was adduced. Learned Trial Judge upon considering the evidence adduced and upon hearing the parties was pleased to dispose of the claim case by observing and directing as follows:

‘Hence it is ORDERED that the claim petition u/s-166 of the MV Act is allowed on contest against the OP No-2 i.e. Magma HDI Gen. Ins. Co. Ltd and allowed exparte against OP No.1 with costs.

The O.P. No. 1 and O.P. No-2 are jointly and severally liable to pay the awarded amount to the petitioners.

The petitioner No. 1,2 and 3 do hereby get an award for Rs. 54,78,973/-

(Rs. Fifty Four Lakhs Seventy Eight thousand Nine Hundred Seventy Three) only as compensation and interest on date of filing of the case i.e. from 13-06-

2019 till realization of the awarded amount.

The OP No. 2 i.e. Magma HDI Gen. Ins. Co. Ltd. is directed to pay the awarded amount of Rs. 54,78,973/- (Rs. Fifty Four Lakhs Seventy Eight Thousand Nine Hundred Seventy Three) only along with accrued interest as mentioned above, by issuing three account payee cheques to tune of Rs. 18,26,324/- (Rs. Eighteen Lakhs Twenty Six Thousand Three Hundred Twenty Four) only each in favour of the claimants namely 1. Tahamina Bibi, 2. Minor Ummar Fareck Sekh and 3. Minor Rahat Sk. within thirty days from the date of delivery of Judgment. Failing which the OP No-2 will have to pay further interest @10% p.a. upon the awarded amount from the date of expiry of thirty days till realization of the awarded amount. In default the petitioners are at liberty to execute the same in accordance with Law.

It is mentioned here that any amount awarded and paid in any other case including a case u/s-140 of the MV Act 1988 to the petitioners for this accident be adjusted against t