ORDER :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is filed by the insurance company against the award dated 10.02.2020 passed by the Motor Accident Claims Tribunal (No. 2), Agatala in Case No. T.S. (MAC) No. 251 of 2016.

2. Facts of the case, in brief, are as under:

Deceased Dipak Debbarma was travelling in a Safari (Max) bearing Registration No. TR-01-B-4417 from Sonamura for returning home. On the way he slipped from the speeding vehicle at Kulubari and received grievous injury. He succumbed to his injuries on the same day in GBP and AGMC Hospital at Agartala. FIR was filed by one Yusuf Miah who witnessed the incident while riding his motor bike from Kulubari to Sonamura.

3. Based on his FIR, Sonamura P.S. Case No. 2016 SNM 0116 under Sections 279, 338 IPC was registered. During investigation it was divulged that deceased was standing at the backside of the vehicle as a result of which he slipped from the vehicle and died. The Investigating Officer submitted final report stating that charge of negligent driving was not proved against the driver. Deceased wa