Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay FMA 1479 of 2024 Oriental Insurance Company Limited Versus Moumita Bhattacharjee & Ors.

For the Appellant : Mr. Rajesh Singh For the Respondent Nos. 1 & 2 : Mr. Subhankar Mandal Heard & Judgment on : 5^th February, 2025.

Ananya Bandyopadhyay, J:

1. Both the Learned Advocates representing the appellant/Insurance Company and the respondents/claimants are present.

2. The instant appeal had been filed against the judgment and award dated 01.10.2024 passed by the Learned Judge, Motor Accident Claims Tribunal and Additional District Judge, Fast Track Court No. 2, Barasat, North 24-Parganas M.A.C. Case No. 6/2022.

3. An application under Section 163A of the Motor Vehicles Act had been filed on account of the death of the victim in an accident which occurred on 16.02.2020 at about 7:30 P.M. with the involvement of the offending vehicle (Bolero) being No. WB 26AZ/3119 which hit the victim on his return towards his home being a passenger of the Bolero which on its approached near Desmukh, Dankuni Side (27 No. Road) collided with another vehicle resulting in seriou