ASHIM KUMAR BANERJEE,J. - (1.) The victim was a fish seller. He had no asset left by him. He, however, left him surviving his parents, a brother and one unmarried sister. Mother subsequently dead. In course of time the sister became major. However, she is still unmarried. The Tribunal declined to award any compensation to the brother as he was a major person having means of livelihood through the father's immovable property. The Tribunal awarded a lumpsum amount of Rs. one lakh inclusive of Rs. 50,000/- paid under "no fault liability" under Section 140 of the Motor Vehicles Act, 1988.
(2.) Being aggrieved, the father and the unmarried sister preferred the instant appeal.
(3.) We have heard Mr. Subir Banerjee, learned counsel, appearing for the appellants and Mr. Sanjay Pal, learned counsel, appearing for the Insurance Company. We find that the father was aged about 56 years at the time of incident, whereas the unmarried sister was 15 years old. In an application of the like nature made under Section 166 of the said Act of 1988, we cannot strictly apply the Second Schedule appended to the said Act of 1988 to be followed in a case where applications are made under Section 163A.;