Form No. J(2)

Bm/cm District: Nadia IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present :

The Hon’ble Justice Ananya Bandyopadhyay FMA 1447 of 2014 THE NEW INDIA ASSURANCE CO. LTD.

VS.

TUNI SARKAR & ORS C & C R Mr. Parimal Kumar Pahari … for the appellant/Insurance Company Mr. Amit Ranjan Roy … for the respondent Nos. 1 to 4/claimants Heard on & Judgment on : 11.06.2024 Ananya Bandyopadhyay J.

1. The Learned Advocates representing both the parties are present.

2. The instant appeal had been filed against judgment and order 27^th July, 2007 passed by the learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, 4^th Court, Nadia, Krishnagar in M.A.C. Case No. 31 of 2005.

3. An application under Section 163A of the Motor Vehicle Act, had been filed by the claimants on account of death of the victim in an accident which occurred on 29.10.20004 at N.H 34 at Bistunagar Dhal at about 14.30 hours with the involvement of the offending vehicle being a bus bearing registration No. WB-51/3126 which had proceeded at an excessive speed on its route. The victim boarded the bus on top of it as a “roof top passenger.” The speed of the bus occasioned the vic