R.K. GAUBA, J.

1. These sixteen appeals give rise to common questions of law concerning the method of calculation of compensation in accident claim cases involving deaths of children in motor vehicular accidents and hence have been taken up for being decided together by this common judgment.

FACTUAL MATRIX

2. The background facts leading to these appeals in each case may be taken note of at the outset in chronological order.

Case ‘A’ : MAC Appeal Nos. 226/2010 & 554/2010

(In re: death of three months’ old child Rama Kant)

3. These appeals arise out of the judgment dated 16.01.2009 of motor accident claims tribunal (the tribunal) in accident claim case (Suit No. 518/1993, re-numbered as 1345/2000) instituted on 03.07.1993. The claim case had been presented by Lala Ram and Ram Sakhi (the claimants), parents of three months’ old child named Rama Kant who had died in the accident that occurred on 17.03.1993 involving rash driving of Maruti Van bearing No. DL 2CB 2882 (the offending vehicle), admittedly insured against third party risk with United India Insurance Company Ltd. (appellant in MAC Appeal No. 226/2010). The tribunal, after inquiry, by the impugned judgment upheld the case of the claimants that the accident had occurred due to negligent driving of the said offending vehicle by Sunil (first respondent before the tribunal). The offending vehicle concededly was registered in the name of M/s Grahlaxmi Leasing Company Pvt. Ltd. (second respondent before the tribunal), it admittedly having given it on lease for use to Chetan Malhotra (appellant in MAC Appeal No. 554/2010), he having been impleaded as fourth respondent before the tribunal. It awarded compensation in the sum of Rs. 3,75,000/- on account of death of the child with interest at 7.5% per annum from the date of filing of the petition till realization, and is doing so following the method of calculation of compensation adopted by the Supreme Court in R.K. Malik vs. Kiran Pal 2009 (14) SCC 1 and decision of a learned Single Judge of this Court in National Insurance Company Ltd. vs. Farzana 2009 ACJ 2763.

4. The insurance company by its appeal (MAC Appeal No. 226/2010) questions the calculation of compensation on the ground that the deceased child being only three months old, the award of compensation of Rs. 3,75,000/- was unduly high since there can be no parallel drawn with the awards rendered in the case of R.K. Malik (supra).

5. This case also involves plea of the insurer about breach of terms and conditions of the insurance policy. This aspect shall need elaboration and consideration at an appropriate stage in this judgment.

Case ‘B’ : MAC Appeal No. 580/2007

(in re: death of seven years’ old child Yash Chouhan)

6. The motor vehicular accident which is subject matter of this appeal occurred on 02.09.2002 involving a two wheeler scooter bearing registration no.DL-4S-8067 (scooter) driven by Sumer Singh Chouhan (father of the deceased child) and Tempo bearing registration no.DDL-4716 (tempo) statedly driven negligently. Besides the deceased child, his parents Sumer Singh Chouhan and Pushpa (claimants) were also travelling on the scooter with another child. The tribunal by judgment dated 01.05.2007 (which also governed two other cases relating to injuries suffered by the parents of the child), held both the scooter driver and tempo driver guilty of negligence. Contributory negligence on the part of Sumer Singh Chouhan was assessed at 30%. The tribunal awarded Rs. 2,25,000/- as compensation for death of the child, with interest at the rate of 7% p.a. in favour of the claimants directing the insurer to pay to the extent of 70% though granting it recovery rights against the owner on account of finding about breach of terms and conditions of the insurance policy. In assessing the compensation, it referred to the judgments of the Supreme Court in Lata Wadhwa Vs. Sta