Kaushal Jayendra Thaker, J. - (1.) Heard Sri Nigamendra Shukla, learned counsel for the appellant, Sri Pawan Kumar Singh, learned counsel for respondent-Insurance Company and perused the judgment and order impugned.
(2.) This appeal, at the behest of the claimants, challenges the judgment and award dated 15.12.2010 passed by Motor Accident Claims Tribunal/IX Additional District Judge, Bulandshahr (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 513 of 2015 awarding a sum of Rs.1,50,000/- as compensation for the death of 12 year old child.
(3.) The accident is of the year 2015 whereby a child of 12 years sustained multiple injuries and passed away. The Tribunal relying on the judgments in U.P. State Road Transport Corporation Vs. Shanti Devi and others, IV (2007) ACC 2007 (D.B.) ALD and Devchand and others Vs. Babu Lal Faujdari Bus Service and others, 1997 ACJ 392 (MP), awarded a sum of Rs.1,50,000/- with interest at the rate of 6%. This has aggrieved the appellant. 3. Learned counsel for the appellant submits that in the year 2015, even for a child of 12 years, the income should have been considered to be at least Rs.3,000/- per month notionally. I am in agreement with this submission though vehemently opposed by Sri Pawan Kumar that income should be as per 2nd Schedule. The 2nd Schedule has been held unworkable by the passage of time. The II Schedule has laid down fresh guide lines for compensation for death. ;