IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.404 of 2006 The Divisional Manager, National Insurance Company Limited, Divisional Office, Motijheel, Muzaffarpur. Appeal through Administrative Officer, Regional Office, National Insurance Company Limited, 4th Floor, Sone Bhawan, Birchand Patel Marg, Patna-1. …opposite party no.2-Appellant. Versus 1. Smt.Marachhiya Devi W/o Baidyanath Thakur 2. Baidyanth Thakur S/o Brahmadeo Thakur, Both resident of village-Basuchak, P.S.Saraiya, District- Muzaffarpur at present Village-Bakhra, P.S.Saraiya, District-Muzaffarpur. ….Applicants/ Respondents. 3. Smt. Janki Devi W/o Sri Sikander Mahto, Resident of village-Mansoorpur, P.S. Vaishali, District- Vaishali (owner of the vehicle). …. Opposite party no.1/Respondent. 4. Md. Shami S/o Md. Sharif Resident of Village-Geon, P.S. Karja, District- Muzaffarpur (Driver of the vehicle). ….. Opposite party no.3/Respondent. For the appellant : Mr. Durgesh Kumar Singh, Advocate. For respondents no.1 & 2 : M/s Yugal Kishore & Arvind Kumar, Advocates. ----------- 06. 19/02/2010 Heard Mr. Durgesh Kumar Singh, learned counsel for the appellant and Mr. Yugal Kishore, learned counsel for respondent nos.1 and 2. On consent of the learned counsel for the parties, this appeal is finally heard. 2. This is an appeal under Section 173 of the - 2 - Motor Vehicles Act, 1988 at the instance of the insurer whereby it has challenged the award dated 29.07.2006 in Claim Case No.313 of 2003 whereby the Additional Motor Accident Claims Tribunal, Muzaffarpur has awarded a sum of Rs.1,52,000/- for the death of a minor child aged about five years. Having heard learned counsel for the insurer, I am of the considered opinion the appeal at the instance of the insurer has no merit and further the amount of compensation as awarded is just and proper. Accordingly, the appeal is dismissed without any order as to costs. As the amount has been deposited before this court it should be transmitted to the Tribunal for disbursement to the claimants keeping in view the principles laid down in General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, A.I.R.1994 SC 1631. Sunil (Dipak Misra, C.J.)