Gyan Sudha Misra, J.-The claimants-appellants herein are the parents of the deceased-Shankar Lal was died as a result of the accident caused by the motor vehicle which was insured with respondent No. 3-United India Assurance Company Ltd. and consequently an award ot Rs. 1,26,000/-(Rs. One lac twenty six thousand) has been passed in favour of the claimants-appellants towards compensation. The claimants have come up with the case that they are a family of labourers and thence the deceased although was aged only 15 years, he was earning not less than Rs. 80 to 90 per day as the was carrying excavated soil on a mule and thus he was earning no less than Rs. 2400/-(Rs. two thousand four hundred) per months. Higher amount of compensation therefore should have been awarded for the deceased who inspite of his tender age had earning capacity of Rs. 2400/-per month.

2. Learned Counsel for the respondent No. 3 United India Assurance Company Ltd. however submitted that since the deceased was only 15 years old, he was not capable of earning any amount and hence the award of Rs. 1,26,000- (Rs. one lac twenty six thousand) which has been passed in favour of the deceased, should be treated