THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 1923 of 2001. JUDGEMENT This appeal is filed against the Award dt. 22.3.2001passed in O.P. 433 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Warangal. The claimants are the appellants. They are the parents of the deceased boy Sridhar who was aged 12 years as on the date of accident. The deceased boy was said to be studying 5th class, as disclosed from Ex:A.8 (Study Certificate). The Tribunal recorded a finding that the deceased boy died in a motor accident that occurred on 23.4.2000 at about 7a.m., which was due to rash and negligent driving of the oil Tanker bearing No. AP 31 T 1647 by its driver. In spite of recording the said finding, the Tribunal erroneously held that since the deceased was aged 12 years as on the date of accident and he was only a student, the compensation could be granted to the claimants is only under no fault liability which was provided for under Section 140 of the M.V.Act and accordingly granted a sum of Rs. 50,000/-. In addition to the above amount, the Tribunal also award a sum of Rs. 20,000/- towards loss of estate and another sum of Rs. 2000/- towards funeral expenses and in all awarded a sum of Rs. 72,000/- as against the claim of Rs. 1,50,000/- . The said award is challenged in this appeal on the ground that the compensation granted by the Tribunal is not just and reasonable. I have heard the learned Counsel for the appellants and the learned Standing Counsel for the respondents 2 and 3. It is not correct to hold that since the deceased was a minor boy aged 12 years, compensation can only be awarded under no fault liability. Section 140 of the M.V. Act envisages a situation where it is proved that the accident was due to the use of motor vehicle and claiming compensation under no fault liability should be without proving fault on the part of the person who was driving the vehicle. Therefore, the Tribunal below having held that the accident was due to the rash and negligent driving of the vehicle in question, it ought not to have awarded compensation under no fault liability. Therefore, the finding of the Tribunal below is liable to be set aside and accordingly, the same is set aside. The next question that is to be considered is as to what is the quantum of compensation is to be awarded to the appellants since the deceased is a boy of 12 years and was studying 5th class as on the date of accident. In New India Assurance Co. Ltd., vs. Satender[1] the Supreme Court dealing with a case relating to death of 9 years old boy held as under: “There are some aspects of human life which are capable of monetary measurement, but the totality of human life is like the beauty of sunrise or the splendour of the stars, beyond the reach of monetary tape-measure. The determination of damages for loss of human life is an extremely difficult task and it becomes all the more baffling when the deceased is a child and/or a non-earning person. The future of a child is uncertain. Where the deceased was a child, he was earning nothing but had a prospect to earn. The question of assessment of compensation, therefore, becomes stiffer. The figure of compensation in such cases involves a good deal of guesswork. In cases, where parents are claimants, relevant factor would be age of parents.” Considering all the relevant factors, the Supreme Court granted a compensation of Rs. 1,80,000/- to the claimants therein. In the instant case, the 1st appellants, who are the parents of the deceased are 36 and 31 years old respectively, and it is stated that the deceased boy is the only son to them. No documentary evidence is filed in proof of educational career of the deceased. However, considering the fact that the deceased was a boy of 12 years old and was studying 5th class and also considering the fact that the parents of the deceased are agriculturists and hail from a remote village and also considering the prospects in life of the deceased had he been alive, I am of the view that an amount of Rs. 1,50,000/- under all heads can be granted. In the result, the appeal is allowed granting compensation of Rs. 1,50,000/- with interest @ 7.5% p.a. from the date of petition till the date of realisation. The appellants are equally entitled to the compensation awarded. _____________________ R.KANTHA RAO,J 23.04.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 1923 of 2001. Dt. 23.04.2010. [1] 2007 (1) ALD (SC).