SARBATI Vs. VIKASH KULHAR

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellants challenging the award dtd. 31/10/2014 passed by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as the 'Tribunal') whereby a lump sum amount of Rs.1,25,000.00 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 integrity of this order/judgment. Civil Surgeon at General Hospital, Bhiwani and his gross salary was Rs.17,872.00 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.1,25,000.00 as compensation, which is totally against the law as laid down by the Hon'ble Supreme Court in the cases of Sarla Verma and Ors. vs. Delhi Transport Corporation and Anr. [(2009) 6 SCC 121], National Insurance Company Ltd. vs. Pranay Sethi and Ors. [(2017) 16 SCC 680], Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and Ors. [(2018) 18 SCC 130] and N. Jayasree and Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642].