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2026 Supreme(Online)(Cal) 3447

Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Saanvi Samanta – Respondent


Biswaroop Chowdhury,J:

The above appeals being FMA-527 of 2025, and FMA-1421 of 2024 are directed against Judgment dated 20th August 2024 passed by Learned Additional District Judge Fast Track 3rd Court Sadar Paschim Medinipur in MAC case No-262 of 2022 and MAC-261 of 2022 respectively. Both the claim cases arise out of the accident dated 16-04-2022 allegedly caused by vehicle no. WB-33/5717.

The case of the claimants in MAC Case No. 262 of 2022 may be summed up thus:

On 16-04-2022 at about 9.00. AM while the deceased Barnali Samanta Nandi was coming with a vehicle being No. WB-82E/2293 which was driving also her husband with view to reach home from Kolkata towards Midnapore at that time at near Harina Bus stand at N.H.-6 road under Kharagpur (Local) Police Station suddenly one lorry with excessive high speed over took the vehicle of the victim at the extreme left side of road. The said vehicle ranover upon soiled road for that reason suddenly the area was covered with dust. The area became invisible and at that time one vehicle being WB. No. 33/5717 was standing middle of the highway without signal (non-parking area) and deceased bounded to dash the back side of standing vehicle a

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