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2026 Supreme(Cal) 46

IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Arati Manna – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Krishanu Banik, Adv. Mr. Tathagata Banik, Adv.
For the Respondents/Insurance Co.: Mr. Rajesh Singh, Adv.

Judgment :

Biswaroop Chowdhury, J.

1.The Appellants before this Court were claimants in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 15th May 2023 passed by Learned Additional District Judge Fast Track IInd Court Howrah in MACC No-110 of 2017.

2. The case of the appellants/claimants before the Learned Trial Court may be summed up thus;

3. On 18-01-2017 at about 17.00 hours the victim namely Sanjay Manna was travelling by a bi-cycle along the left side of NH-6 Kolkata bound near Khalishani. At the material time one motor cycle being no. Chassis no. ME4J.C 651JG. 7436056 which was proceeding rashly and negligently towards same direction suddenly dashed the victim with a great force. As a result of the said accident the victim sustained severe fatal injuries and it caused his death.

4. Rash and negligent driving on the part of the driver of the offending motor cycle being chassis no. ME4JC651JG74 360 56 was the sole cause of this pathetic accident, which could easily be avoided at the time by prudent driving.

5. The victim since deceased was an active man. He was the sole bread earner of his family. The applicants lost best compani

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