Judgment : Suresh Kait, J. (Oral) Present appeal has been preferred against the impugned award dated 20.11.2010, whereby Ld. Tribunal has awarded compensation as under: “1. Loss of income Rs.7,20,000/- 2. Loss of love and affection Rs.40,000/- 3. Loss of Estate Rs.5,000/- 4. Loss of consortium Rs.5,000/- 5. Last rite expenses Rs.20,000/- TOTAL Rs.7,90,000/-” 2. Ld. Counsel appearing on behalf of the appellant submits that the Claim Petition was filed under Section 163A of the Motor Vehicles Act, 1988, however, Ld. Tribunal has erred in granting compensation under Section 166 of Motor Vehicles Act. 3. Ld. Counsel appearing on behalf of the respondents / claimants do not dispute the arguments advanced by the Counsel for the appellant. 4. Keeping in view the statement of the ld. Counsel for the respondents / claimants, the compensation comes as under: “1. Loss of income Rs.4,26,666/- 2. Loss of Estate Rs. 2,500/- 3. Loss of consortium Rs. 5,000/- 4. Last rite expenses Rs. 2,000/- TOTAL Rs.4,36,166/-” 5. Accordingly, the compensation is assessed at Rs.4,36,166/-. 6. Thus, an amount of Rs.3,53,834/- is reduced (Rs.7,90,000-4,36,166). 7. The statutory amount along with excess amount with proportionate interest be released in favour of the appellant and balance compensation amount be released in favour of the respondents / claimants on taking steps by them. 8. In view of above, appeal is allowed. CM. NO. 1978/2011 With the disposal of the instant appeal itself, instant application has become infructuous and disposed of as such.