K.C.SHARMA,J. - (1.)THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 18.5.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Ajmer whereby the learned Judge has awarded a sum of Rs. 40,000 out of the total claim of Rs. 13,65,000 as claimed by the claimants.
(2.)I have heard learned Counsel for the appellant and gone through the award sought to be modified. An unfortunate accident took place where Vishnu, a child aged 12 years was run over by the offending bus No. RRZ 551 insured by the National Insurance Company Ltd., respondent No. 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 13,65,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of bus by its driver has awarded a sum of Rs. 40,000 making the respondents liable to pay the award amount to the claimants, jointly and severally.
The only grievance of the learned Counsel for the appellants is that the total compensation of Rs. 40,000 as has been awarded by the Tribunal is too meagre. Learned Counsel submitted that at the time of accident the age of deceased was hardly 12 years and had he survived, he would have earned a substantial amount per month. Relying upon a decision of the Apex Court in Shanti Bai and Ors. v. Charan Singh and Ors. : AIR1999SC845 , learned Counsel argued that considering the age of the deceased and his earning in future, had he survived, the amount of compensation may suitably be enhanced.

(3.)I have considered the above argument and gone through the case law cited at the Bar. In Shanti Bai (supra) the age of the deceased at the time of accident was 18 years. The Tribunal had awarded a total compensation of Rs. 40,000. The High Court dismissed the appeal of the claimants. The Apex Court on considering the future economic prospects of the deceased, had he survived, enhanced the award to a lump sum amount of Rs. 1,50,000.