Sarbati vs Vikash Kulhar - 2024 Supreme(P&H) 740

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 740

ALKA SARIN
Sarbati – Appellant
Versus
Vikash Kulhar – Respondent

Advocates Appeared:
Mr. Vijay Kumar Sheoran, Advocate; For the Appellant
Mr. Punit Jain, Advocate for Respondent No.3-Insurance Company.

JUDGMENT

Mrs. Alka Sarin, J. (Oral)

The present appeal has been filed by the claimant-appellants challenging the award dated 31.10.2014 passed by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as the 'Tribunal') whereby a lump sum amount of Rs. 1,25,000/- as compensation was awarded to the claimant-appellants on account of death of Om Parkash (hereinafter referred to as the 'deceased') in a motor vehicle accident with vehicle bearing registration No.RJ-18GA-1056 (hereinafter referred to as the 'offending vehicle') .

2. Since the facts, as recorded in the impugned award passed by the Tribunal are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. Learned counsel for the claimant-appellants would contend that the deceased in the present case was employed as a Clerk in the office of Civil Surgeon at General Hospital, Bhiwani and his gross salary was Rs. 17,872/- per month and his salary bill was produced on record as Ex.PW3/A. It is further the contention of learned counsel for the claimant-appellants that the Tribunal has erroneously awarded a lump sum amount of Rs. 1,25,000/- as compensation, which is totally against the law as