1. 1. These appeals are being decided by this common order as the facts and law relating to these appeals are common.

2. The victims, in these appeals, are the children within the age group of upto 5 years, 5 to 10 years and 10 to 15 years.

3. The parents of the deceased children have filed the claim petitions seeking compensation before the Motor Accident Claims Tribunals, under the Motor Vehicles Act, 1988 which were contested by the respondents i.e. the drivers and the owners of the offending vehicles and the respective Insurance Companies with whom the vehicles involved in accidents stood insured. On scanning the evidence, the Tribunals came to the conclusion that the drivers and the owners of the offending vehicles are vicariously liable and fastened the liability on the Insurance Company to indemnify the award amount.

4. Compensation In the case of child death upto the age of 5 years has been awarded from Rs. 35,000/- to 75,000/- in different claim petitions and in the case of child death in the age group of 5 to 10 years from Rs. 50,000/- to Rs. 1,02,000/- and in the age group of 10 to 15 years, Rs. 1,00,000/- to Rs. 2,00,000/.

5. The appeals have been preferred on the ground that the respective Tribunals have not properly appreciated the evidence and in some of the cases lump sum award has been awarded whereas in other cases, the structured formula of multiplier has been adopted, therefore, discriminatory approach and double yard stick have been adopted by the Tribunals to determine the loss of dependency.

6. Heard learned counsel for the parties and perused the memorandum of the appeals and the record.

7. Learned counsel for the appellants have submitted that the Tribunals have either ignored or failed to take notice of the judgments of the Supreme Court cited at the bar wherein the compensation on account of death in an vehicular accident, Rs. 1,00,000/- to Rs. 2,00,000/- in the age group of 5 to 10 years and a sum of Rs. 2,25,000/- in the age group of 10 to 15 years of children, has been awarded, therefore, the impugned award of the Tribunals are erroneous in law an deserve to be set aside.

8. Learned counsel have submitted that the judgment delivered by the Supreme Court in the case of (1) Lata Wadhwa and others v. State of Bihar and others, 2001 ACJ 1735 has set down the principles for determining the compensation and intended to impress upon the Court to follow and apply the judgment (supra) for determining the compensation in the case of death of a child,. The plea appears to be not tenable in law for the reason that this judgment has not been delivered in a case arising out of Motor Accident rather in the above case a writ petition was filed before the Court claiming compensation and also for prosecution of the defaulters for the negligence of breaking out fire which engulfed all the factory premises and caused casualties. The Court categorized the victim children in two categories between the age group of 5 to 10 years and 10 to 15 years and determined the compensation in para 11 of the judgment in a sum of Rs. 75,000/- to a victim child of 5 to 10 years and Rs. 1,57,000/- in the age group of 10 to 15 years, observing that Mr. Nariman, appearing for the TISCO, on his own, has submitted that the compensation determined for the children of all age groups should be doubled as in his view also, the determination made is grossly inadequate. It is not the just compensation determined by the Court but the Company itself has come forward to pay the doubled compensation to the claimants to that what was assessed by the Court. Accordingly the court determined the compensation making it double. The Court added Rs. 50,000/- as conventional allowance raising the amount of Rs. 2,00,000/- in the case of victims in the age group of 5 to 10 years. In the case of victims in the age group of 10 to 15 years the contribution of Rs. 12,000/- per annum appeared to be lower side and the annual contribution was considered as Rs. 2