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

The Hon’ble Justice Biswaroop Chowdhury F.M.A. 1776 of 2018 With IA NO: CAN 1 of 2018 (Old No. CAN 1826 of 2018)

National Insurance Company Limited & Anr.

VERSUS Shyamali Biswas (Rikihiyasan) & Ors.

With COT 30 of 2021 Shyamali Biswas (Rikihiyasan) & Anr.

VERSUS National Insurance Company Limited For the appellant in FMA 1776 of Mrs. Suchitra Paul, Adv.

2018 and respondent in COT 30 of

2021:

Mr. Subir Banerjee, Adv.

For the respondents in FMA 1776 of Mr. Sandip Bandyopadhyay, Adv.

Mrs. Ruxmini Basu Roy, Adv.

2018 and appellant in COT 30 of

2021:

Last Heard on: January 07, 2026 Judgment on: February 11, 2026 Biswaroop Chowdhury,J:

The Appellant before this Court was an opposite party in a claim case under Section 163A of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 01-12-2018 passed by Learned Additional District Judge 2^nd Court Uttar Dinajpur at Raiganj in MAC Case No-50 of 2016.

The case of the claimants before the Learned Trial Court may be summed up thus:

On the date of accident i.e. 12-03-2015 at about 3.50 P.M. the victim was going to grossary shop for buying body soap. After purchasing soap she returned to her house left hand side of the road at that time the vehicle bearing no-WB-74P/3574 was proceeding from Dalkhola side towards Raniganj side very rash and negligently and the driver lost his central over the vehicle and struck the victim as a result the victim died on the spot.

Due to rash and negligent driving by the driver is the sole cause of accident.

The victim was of active habits and she was a good student. Due to premature death the claimants suffer great financial loss and mental pain and agony throughout their lives.

Pursuant to filing of this claim case notice was issued upon the opposite party/Appellant Insurance Company and opposite party vehicle owner the respondent no-3 herein. Opposite party vehicle owner although appeared but did not contest the case. Opposite party National Insurance Company Ltd. contested the case by filing written statement and application under Section

170 of the Motor Vehicles Act 1988, ISSUES were framed and evidence was adduced by the claimants.

Upon considering the evidence adduced and upon hearing the parties Learned Trial Court was pleased to dispose of the claim case by observing and directing as follows:

‘Hence it is Ordered that the Motor Accident claim case u/s-163(A) of MV. Act is allowed on contest in full against National Insurance Company Ltd. and exparte against registered owner Shigen Ray but without cost. The claimants are entitled to get Rs. 2,55,000/- (Two lakhs fifty five thousand only) towards compensation from National Insurance Company Ltd. National Insurance Company Ltd. is directed to satisfy the award by depositing two cheques in equal amount with proportionate interest from the date of filing (03.03.2016) till its realization within 30 days from the receipt of this judgment.’

The appellant National Insurance Co. Ltd being aggrieved by the Judgment and Award passed by the Learned Trial Court has come up with the instant appeal. The respondent no-1 and 2 being also aggrieved by the Judgment and Award passed by the Learned Trial Court has come up with a counter objection being COT-30 of 2021.

Heard Learned Advocate for the Appellant Insurance Company and Learned Advocate for the respondent no-1 and 2/claimants perused the materials on record.

Learned Advocate for the appellant Insurance Company submits that the Learned Judge failed to appreciate that the alleged accident took place on 01- 04-2015 and First Information Report’ about the said accident was lodged on 01-08-2015 against an unknown vehicle i.e. almost four months after the accident meaning thereby that the vehicle in question was not involved in the accident and was subsequently implicated in the claim case only to gain an unlawful advantage from insurance company. Learned Advocate further submits that the