S.S.NIJJAR, J. - (1.) HEARD .
(2.) IT is not disputed by the learned counsel for the appellant that the deceased was 10 years old. He also does not dispute that the loss to the parents is irreparable. However, learned counsel submits that if the claim had been adjudicated upon under Section 166 of the Motor Vehicles Act, 1988, the maximum compensation that could have perhaps been awarded, would be between Rs. 53,000/- to 70,000/-. However, in this case, the claim has been adjudicated upon under Section 163-A of the Motor Vehicles Act, 1988 and unconscionable amount of Rs. 1,53,000/- has been granted. We are of the considered opinion that the Tribunal has not committed any error apparent on the face of the award or error of jurisdiction, while computing the compensation under Section 163-A of the Motor Vehicles Act, 1988. We are unable to agree with the learned counsel that the compensation granted is unconscionable. Earlier, learned counsel for the appellant has himself stated that, no doubt, loss to the family is irreparable. Therefore, we fail to understand how the learned counsel can now say that the compensation awarded is on the higher side.
(3.) LEARNED counsel further argued that the award is perverse as the insurer is liable to indemnify the parents of the deceased only to the extent of pecuniary loss. We are unable to accept this argument. Admittedly, the deceased was only a 10 years old girl. There was, therefore, no question of working out the annual income of the deceased. Dismissed. The appellant is burdened with costs of Rs. 1000/- which shall be paid to the Legal Aid Society of Punjab and Haryana High Court, Chandigarh. Appeal dismissed.;