Basant, J. –

1. How is compensation payable for loss suffered by the parents in the case of death of a non-earning minor child to be assessed? Can the Tribunals insist that such compensation payable under Sec.166 of the Motor Vehicles Act cannot fall below the amount that would be payable under Sec.163A of the M.V. Act? These questions arise for consideration in this appeal.

2. The claimants are the appellants. They are the parents and brother of the deceased - a child aged 15 years who suffered injuries in a motor accident which took place on 3/11/1999 and succumbed to the same. The claimants lodged a claim for compensation under Sec.166 of the Motor Vehicles Act. Against a claim for Rs.5,00,000/-, the Tribunal awarded a total amount of Rs.1,86,000/- as compensation as per the details shown below:

1. Loss of dependency - Rs.1,50,000/- (15000 x 2/5 x 15)

2. Loss of estate - Rs.15,000/-

3. Loss of love and affection – Rs.10,000/-

4. Funeral and transportation – Rs.5,000/-

5. Damage to clothing – Rs.1,000/-

6. Pain and suffering – Rs.5,000/-

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Total - Rs.1,86,000/- (@ 9% per annum)

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3. The challenge is directed only against the quantum