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 pu