This is an appeal against the award dated 22.4.1992 passed by the Motor Accidents Claims Tribunal hereinafter referred to as the 'Tribunal' awarding a sum of Rs. 25,000/- as compensation to the appellants. Their eldest son, aged 9 years, died on 1st May 1990. The accident was with a tractor owned by respondents No. 1 and 2. This tractor was duly insured with respondent No. 3. The Tribunal came to the conclusion that the deceased died on account of rash and negligent driving of the tractor in question. Taking into consideration all relevant factors that is the age of the child who was a student, the quantum of compensation was fixed at Rs. 25,000/-. The Tribunal also allowed interest at the rate of 12 per cent per annum. The claimants are not satisfied with the quantum of compensation. They are claiming enhancement to the extent of Rs. 50,000/-.

The question as to what should be the quantum of compensation when a minor is involved in an accident which proves to be fatal has been subject-matter of several decisions. The learned counsel for the Insurance Company has placed reliance on a decision given by the Punjab and Haryana High Court in Tara Chand and another v. Major Singh and others 1990 ACJ 537. In this case the deceased was nine years of age. He was a student and used to help his father in cultivation. The Tribunal allowed a compensation to the extent of Rs. 5,000/-. This was enhanced to Rs. 25,000/-. Mr. Justice S.S. Jodhi who delivered the judgment in this case took into consideration the decision of the Supreme Court in the case of C.K. Subramania Iyer v. T. Kunhi Kumar Nair, 1970 ACJ 110 (SC) and observed that the parents are entitled to recover the present cash value of the prospective services of their deceased minor children. Note was also taken of a Full Bench decision of the same Court in Bimla Devi v. National Insurance Co. Ltd., 1988 ACJ 981. Ultimately, as indicated above, taking an overall view of the circumstances, the compensation was enhanced from Rs. 5,000/- to Rs. 20,000/-.

Counsel for the Insurance Company also relied upon the decision in the case of Anjamuri George and others v. Gudala Rama Nageswara Rao and another, 1993 (II) ACC 178, where the Andhra Pradesh High Court allowed compensation of Rs. 24,000/-. In this case, the minor's age was 14 years.

This Court in the case of Sultan and others v. Kanhaiyalal and others, 1993 (II) ACC 638, fixed the compensation at Rs. 25,000/-. This was a case where a minor girl had died. The earlier decision in the case of Devji s/o Ganpat & others v. Anwarkhan s/o Mustaq and others, AIR 1989 MP 101 was also taken into consideration.

However the learned counsel for the claimants has relied on a decision in R. Ayyayu and others v. Gopi Nathan Nair and others; 1991 (I) T.A.C. 332. In this case compensation was fixed at Rs. 46,000/- when the child who had died in the accident was 4 years old only. What prevailed upon the Court to fix the compensation at Rs. 48,000/- was that the Act new provides for 'no fault' liability and this has been fixed at Rs. 25,000/-. Taking this factor into view the Court observed as under:-

"We have no hesitation to hold that at any rate, the appellants are entitled to an amount of Rs. 25,000/- simply for the reason that the statute has considered a payment of Rs. 25,000/- as solatium in all cases of death of a human being whether an adult or a child, man or woman, rich or poor. But in this case, we feel that the appellants are entitled to a larger amount under the various heads of claim we have adverted to. We feel that the claim made by the appellants is only reasonable in the circumstances of the case, viz., Rs.48,000/-."

Reliance has again been placed by him on a decision in Sub-Uman Singh Gurung and another v. Sri Seva Rama Dutta and others, 1991 (1) T.A.C. 350. In this case, 7 years old minor died. The quantum of compensation was fixed at Rs. 60,000/-.

In view of the reasoning given by the Kerala High Court which has be