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2023 Supreme(Jhk) 322

SANJAY KUMAR DWIVEDI
Chabi Sharma @ Chhabilal Sharma @ Chhabi Lal Mistry, son of late Babu Ram Mistry – Appellant
Versus
Binod Chaudhary, son of Babulal Chaudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arwind Kumar Lal, Advocate
For the Respondent No.2:Mr. Yogendra Prasad, Advocate

JUDGMENT :

Heard Mr. Arwind Kumar Lal, learned counsel for the appellant and Mr. Yogendra Prasad learned counsel for the respondent no. 2.

2. Aggrieved with award dated 21.09.2015 passed by the learned District Judge-1-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Lohardaga in Compensation Case No. 06 of 2013, the appellant/claimant has preferred this appeal for enhancement of awarded amount.

3. Compensation Case was instituted by the appellant for grant of compensation on account of disability of appellant arising out of use of motor vehicle. Prayer was also made for grant of just and fair compensation for Rs. 19,49,563/- along with interest @ 9% per annum from the date of application till realization.

4. Learned tribunal after hearing the parties has been pleased to direct the Insurance Company to pay Rs. 9,70,853/- to the claimant/appellant within one month from the date of the award failing which the insurance company shall be liable for penal interest @ 6% per annum from the date of award till realization.

5. Mr. Arwind Kumar Lal, learned counsel for the appellant submits that the appellant was running a garage for repair of vehicle on a licence issued by the Gover

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