JUDGMENT : 1. Leave granted. 2. This appeal by special leave arises out of the award made in a motor accident claim. The deceased was a young girl aged about 16 years who was studying in the pre-medical class. The. claimants are her parents. The claim made was very responsible. A total amount of rupees one lac including a sum of Rs.5,000/- spent on her treatment was the entire claim. The Motor Accident Claims Tribunal, Patiala, dismissed the entire claim. The view taken by the Tribunal is indeed shocking. The Tribunal took the view that there could be no pecuniary loss to the parents of the deceased since the parents must have been spending money for her upkeep and education. The Tribunal went to the extent of saying that apart from not earning anything, "she must rather be a liability for the applicants. So because of her burden, the applicants cannot be said to have suffered any pecuniary loss". The entire claim, therefore, was dismissed. The claimants' appeal to the High Court succeeded only partly inasmuch as the learned Single Judge awarded Rs.36,000/- as compensation in addition to Rs. 4,000/- as medical expenses or in all a sum of Rs. 40,000/-. The Letters Patent Appeal was dismissed by the Division Bench of the High Court. Hence this appeal by special leave. 3. A The facts narrated earlier are sufficient to indicate that there can be no question of denying to the claimants the sum of rupees one lac as compensation for the death of their young daughter when that is the total amount claimed by them. No detailed discussion is required for determining that amount as compensation to be paid in the case of the death of a 16 years old college girl who apparently had a bright future being a student of pre-medical class. We are constrained to observe that the order made by the Tribunal discloses utter insensitivity to human feelings and is perverse. It is unfortunate that the High Court also did not step in to remedy that injustice by awarding the full amount of compensation claimed which was the meagre sum of rupees one lac only and, undoubtedly, a very reasonable claim. 4. On the part of the insurer certain questions of law have been raised to limit the extent of its liability.
4. On the part of the insurer certain questions of law have been raised to limit the extent of its liability. In our opinion the facts and circumstances of the case do' not require the decision of those questions inasmuch as those questions of law. have now become academic in view of the bid Motor Vehicles Act being replaced by the Motor Vehicles Act, 1988 under which these questions do not arise. 5. Accordingly, the appeal is allowed. The claimants would get in all a sun of rupees one lac together with interest @ 12% per annum from the date of claim until payment from the respondents.