BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD. Vs. GURIKKA CHAKMA

JUDGEMENT

(1.) This appeal under Section 173(1) has been filed by the Branch Manager, United India Insurance Company Ltd., Kailashahar branch against the judgment and award dated 10.12.2018 delivered in case No.TS(MAC) 15 of 2016 whereby and whereunder total sum of Rs.4,46,000/- along with 9% interest thereon from the date of presentation of the petition till payment was awarded to the claimants (respondents No.1 and 2 herein) on account of death of the Swargadhan Chakma in a road traffic accident at Kailashahar on 02.11.2013.

(2.) Factual background of the case, is as under:

(3.) Based on his FIR, Pacharthal P.S Case No. 48 of 2013 under Sections 279, 338 and 304A IPC was registered and after investigation of the case police submitted charge sheet against accused driver, Niranjan Debnath (respondent No.3) for having committed offence punishable under Sections 279, 338 and 304A IPC.