Prakash Tatia, J. - (1.) HEARD learned Counsel for the appellant and learned Counsel for the respondent -Insurance Co. as nobody appeared on behalf of the respondents Nos. 1 and 2 -driver and owner of the vehicle.
(2.) THE baby Pooja of the age of 4 years died in the accident occurred on 06.11.2005 caused by the respondent Shiv Nath while driving the tractor No. RJ22/R - 4947. The father and mother of the said girl submitted that claim petition before the Motor Accident Claims Tribunal, Sojat. The tribunal awarded lump sum amount of Rs. 55,000/ - to the claimants, hence, this appeal has been preferred by the claimants for enhancement of the claim amount. According to learned Counsel for the appellant, even if the notional income is accepted as given in the schedule appended to Section 163A of the Motor Vehicles Act, 1988, the claimants could have been awarded compensation after calculating the amount by accepting the deceased income to be Rs. 15,000/ - per annum.
(3.) SINCE the claimants are mother and father, therefore, the total amount on the basis of the said calculation cannot be awarded, which can be awarded to the lineanl descendant. However, looking to the age of the girl as well as young age of the claimants, it will be appropriate to grant lump sum compensation of Rs. 1,50,000/ - in stead of Rs. 55,000/ -.;