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2021 Supreme(Chh) 364

SANJAY S. AGRAWAL
Goverdhan Singh, S/o. Late Hirasai – Appellant
Versus
Brijlal, S/o. Ramadhin – Respondent


Advocates Appeared:
For the Appellant : Shri Sanjay Agrawal along with Shri Mohit Kumar.
For the Respondents: Smt. Meena Shastri, Shri Ghanshyam Patel, though served.

ORDER :

1. This appeal has been preferred by the owner under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act, 1988') questioning the legality and propriety of the award dated 31.10.2014 passed by Second Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur (C.G.) (hereinafter referred to as 'the Tribunal') in Claim Case No. 21/2012, whereby, the Tribunal, while exonerating the insurance company from its liability, has awarded a total amount of compensation to the tune of Rs.2,31,000/-with 9% interest per annum from the date of filing of the claim petition till the date of actual payment. While, the Claimant has filed the cross-appeal seeking the enhancement of amount of compensation. The parties to this appeal shall be referred hereinafter as per their description before the Tribunal.

2. Briefly stated the facts of the case are that on 28.08.2011, at about 5-6 p.m., deceased Prahlad was travelling along with others on a Tractor attached with its Trolley bearing Registration No.C.G.-15/AE/0625 and C.G.-15/AE/0622 respectively for the pur

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