PARWATI DEVI Vs. PRABODH CHAMOLI

JUDGEMENT

(1.) This is the claimants/appellants appeal from order, which has been preferred by invoking the provisions contained under Sec. 173A of the Motor Vehicle Act, 1988. The claimants, herein, have put a challenge to the judgment and award dtd. 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.3,41,000.00 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.35,10,000.00along 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:-

(3.) In accordance with the cause title of the Motor Accident Claim Petition which was preferred on 12/8/2016, if it is taken into consideration the age of the claimant/appellant No.1, were shown to be 58 years, and the two other claimants i.e. son of late Shri Surat Singh, were shown to be of 33 years and 29 years respectively. Meaning thereby, the claimant Nos.2 and 3, were major on the date of the accident i.e. 13/1/2016.