UMESHWAR PANDEY, J. - (1.) A child namely Ram Bharosey met with an accident on account of having collided with Bus No. U.M.A. 9657 belonging to the appellant U. P. State Road Transport Corporation (in short 'U.P.S.R.T.C.'). The bus dashed against his cycle from behind on the road and the deceased child aged 12 years died on the spot. The respondents, who happened to be parents of the deceased, filed a claim petition before the Tribunal below claiming compensation of Rs. 3,30,000. The claim was contested by the appellant -U.P.S.R.T.C. and written statement was filed with the pleadings that the accident had not taken place with the aforesaid bus belonging to it. It also disputes the income of the child and stated that he was not employed as a labour at any place. The Motor Accident Claims Tribunal considering the pleadings of the parties framed two issues and recorded its findings that accident had taken place with the aforesaid bus belonging to the appellant and gave an award of compensation amounting to Rs. 1,00,000 in favour of the claimants -parents of the deceased and passed the impugned Judgment.
(2.) AGGRIEVED with the aforesaid judgment of award given by the Tribunal below, the appellant has come up in this appeal. I have heard the learned counsel for the parties and have gone through the materials available on the record.
(3.) THE learned counsel for the appellant, while placing his submissions has strenuously urged that the Tribunal, in passing the award in favour of the respondents, has not adopted any rationale for fixation of the quantum of compensation in the case. No multiplier has been applied by the Tribunal for fixation of such compensation. The learned counsel has further urged that the deceased child was only 12 years of age and there was hardly any occasion for him to be of any pecuniary help to the claimants -parents, even though the Motor Vehicles Act, 1988 (for short 'the Act') in such cases of child death in accidents, has chalked out a formula in the second schedule. But that provision also cannot be applied because this accident is said to have taken place as back as 1989 whereas the payment of compensation on structured formula basis was provided by the Amending Act 54 of 1994, which came into effect from 14.11.1994, much after the date of giving the impugned award dated 4.3.1991. The learned counsel has relied upon the case law of Maitri Koley and Anr. v. New India Assurance Co. and Ors. 2004 (1) TAC 1 (SC) and has thus, submitted that the procedure as provided in Section 163A of the Act read with Second Schedule will not be applicable for the payment of award. The learned counsel has also submitted that the award of a sum of Rs. 1,00,000 as given in the present case, appears to be wholly unjustified.;