THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2203 of 2003 JUDGMENT: This civil miscellaneous appeal is filed by the petitioner- claimant against the order and decree dated 23.08.2001 in M.V.O.P.No.663 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Cuddapah. It is a case, where a six years old child died in an accident and the father is the claimant. 2. Heard. 3. According to the petitioner-claimant, on 19.06.1999 at about 7.45 a.m. while the deceased was proceeding towards her school on the extreme left side of the road at Ramanjaneyapuram on Cuddapah-Rajampet main road, a lorry bearing No.AP04/T- 5346 belonging to the first respondent came in a rash and negligent manner and dashed against the deceased, causing instantaneous death of the deceased. The petitioner claimed compensation of Rs.1.00 lakh. The first respondent - owner of the vehicle remained exparte. Second respondent-insurance company filed counter denying the case of the petitioner. 4. On the basis of the pleadings, the following issues were framed: 1. Whether the death of the deceased by name Bathala Lakshmi Prasanna occurred due to rash and negligent driving of the lorry bearing No.AP04/T-5346 belonging to the respondent No.1? 2. Whether the petitioner is entitled for compensation, if so to what amount and from whom? 3. To what relief? 5. On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. On the basis of the material on record, the court below awarded compensation of Rs.35,000/-. Aggrieved by the above quantum, the present appeal is filed. 6. Now, the point for consideration is as to whether the petitioner is entitled for higher compensation? 7. The mother of the petitioner-claimant was examined as P.W.1, as the petitioner was a deaf and dumb person. P.W.2 is an eyewitness to the incident. The deceased was a girl aged about 6 years studying in UKG. The learned trial Judge observed as follows: “ The death of the girl was proved and the girl is aged six years at the time of accident. Hence, an amount of Rs.30,000/-is awarded to the petitioner. For funeral expenses an amount of Rs.5,000/- is also awarded.” 8. The learned trial Judge did not give any reasons as to why Rs.30,000/- was awarded, while in case of death, minimum compensation payable is Rs.50,000/-. Learned counsel for the petitioner relied on a decision of the Hon’ble Supreme Court reported in R.K.MALIK AND ANOTHER v. KIRAN PAL AND OTHERS[1] where 29 school going children died in an accident, and it was held that ‘in case of school-going children, in addition to compensation for pecuniary loss, compensation must also be granted for loss of future prospects of the child for the non- pecuniary loss”. Following the principle laid down by the Hon’ble Supreme Court, in case of death of a non earning child also, in the present case, the compensation of Rs.1.00 lakh as claimed by the petitioner can be awarded. Accordingly, the compensation is enhanced from Rs.35,000/- to Rs.1.00 lakh. The interest on the enhanced amount of compensation is at 6% per annum. 9. C.M.A. is accordingly partly allowed enhancing the compensation from Rs.35,000/- to Rs.1.00 lakh. No order as to costs. ______________________ P. SWAROOP REDDY, J. 18th November 2010, Rns [1] (2009) 14 SCC 1