ORIENTAL INSURANCE CO. LTD. Vs. INTERJIT KAUR

JUDGEMENT

(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.

(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.