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2021 Supreme(UK) 749

SHARAD KUMAR SHARMA
PARWATI DEVI – Appellant
Versus
PRABODH CHAMOLI @ PRAMOD CHAMOLI – Respondent


Advocates:
For the Appellant :Mr. B.S. Bhandari, Advocate
For the Respondent:Mr. Narendra Bali, Advocate

JUDGMENT

Hon'ble Sharad Kumar Sharma, J (Oral)

This is the claimants/appellants appeal from order, which has been preferred by invoking the provisions contained under Section 173A of the Motor Vehicle Act, 1988. The claimants, herein, have put a challenge to the judgment and award dated 21.12.2016, as it has been rendered by the learned Motor Accident Claims Tribunal, Tehri Garhwal; in MACP No.23 of 2016, “Smt. Parwati Devi & others Vs. Prabodh Chamoli @ Pramod Chamoli", and as a consequence of the impugned award which is under challenge, the claim of the claimants/appellants has been partially decreed only to the tune of Rs.3,41,000/- along with the interest payable on it @ 7% per annum from the date of filing of the claim petition, till its actual payment. The claimants/appellants have prayed for the enhancement of the award, and had also prayed that the total amount, which has been claimed by them in the claim petition to the tune of Rs.35,10,000/- along with pende lite interest @ 12% per annum may be awarded in their favour.

2. The brief facts which engage consideration in the present appeal from order are:-

(1) That the claimants/appellants, herein, on 12.08.2016, have preferre

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