LAWS(P&H)-2023-2-118

UNITED INDIA INSURANCE COMPANY LIMITED Vs. HARMANDEEP KAUR

Decided On February 09, 2023
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
Harmandeep Kaur Respondents

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the award dtd. 23/8/2017 passed by the Motor Accident Claims Tribunal, Sangrur (in short,'the Tribunal'), whereby an amount of Rs.11,17,800.00 has been awarded as compensation with interest at the rate of 9% per annum on account of death of Gurdeep Singh.

(2.) For the purpose of the present appeal, the parties would be referred to as they were described in the original claim petition filed before the Tribunal.

(3.) The sole ground raised by the learned counsel for the appellant is that, undipustedly, the deceased-Gurdeep Singh was married and having one son and two daughters besides the widow and the mother. However, the widow of the deceased was not made as party to the claim petition. Learned counsel has further submitted that since all the legal representatives of the deceased were not made parties, therefore, the claim petition itself was not maintainable. Hence the award deserves to be set aside altogether. Learned counsel has relied upon a judgment rendered by this Court in the case of Kaushalya Devi and another Vs. Mohan Lal and others, 1985 ACJ 514 to buttress his arguments.