- (1.) This appeal is against a judgment and award dated 14th March, 2011 passed by the Motor Accident Claims Tribunal, Malda in MACC No.225 of 2009 whereby the appellant claimants have been awarded Rs.1,27,000/- on account of loss of their four-year old child in an accident involving motor cycle no.WB66E-0283 owned by the respondent no.2 and covered by a policy of insurance taken out by New India Assurance Company Limited, hereinafter referred to as 'the respondent insurer'.
(2.) The award was made in an application under Section 163A of the Motor Vehicles Act, which provides that notwithstanding anything contained in the Motor Vehicles Act or in any other law for the time being in force, or any instrument having in force of law, the owner of the motor vehicle or the authorized insurer would be liable to pay, in case of death or permanent disablement due to accident arising out of the use of the motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be.
(3.) In this case, the learned Tribunal has arrived at the finding, and rightly, that the child of the appellant claimants was killed in an accident involving the vehicle in question, insured by the respondent insurer. The appellant claimants are entitled to compensation as indicated in the schedule to the Motor Vehicles Act by treating the notional income of the child at Rs.15,000/- per year.;