PROTIK PRAKASH BANERJEE,J. - (1.) This is an appeal from an award dated November 27, 2011 passed by the Motor Accident Claims Tribunal, 1st Court, Hooghly in M.A.C. Case No. 169 of 2011, registered on an application under section 163-A of the Motor Vehicles Act, 1988 (hereafter the 'Act').
(2.) The claim was made in respect of the death of the son of the claimant [respondent no. 1 before us], who was below 15 years as on the date of accident, on the principle of 'no fault liability' under section 163-A of the Act. After considering the evidence and the submissions made, the tribunal was pleased to award compensation in the following terms: "...........In view of the particular facts and circumstances of the instant case where the parents have lost their minor son who have pursuing studies I find it proper to allow a sum of Rs. 50,000/- as non pecuniary damage. The petitioner is also allowed a sum of Rs. 2000/- as funeral expenses and thus the total amount of compensation payable in favour of the petitioner no.1 by the O.P./insurance company is Rs. 2,02,000/-. Over and above the said amount the O.P./insurance company is allow liable to pay interest @ Rs. 4% per annum starting from the date of filing of the instant case till the date of actual payment.......".
(3.) The appeal has been carried before us for the sole reason enumerated in ground no. V of the memorandum of appeal that the tribunal erred in law in awarding a sum of Rs. 50,000/- as non-pecuniary damage.;