HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.3606 OF 2011 JUDGMENT: The appeal is filed by the Insurance Company against the order in O.P.No.755 of 2002 on the file of the Motor Accidents Claims Tribunal (District Judge) at Nizamabad, questioning the quantum of compensation. 2. A claim for compensation of Rs.4,00,000/- was made consequent on the death of the deceased Baby Usha in a motor accident. 3. According to the case of the petitioners, on 29.04.2002 at about 11.00 A.M., when the deceased Baby Usha was standing on the side of the road at Mahalaxminagar Colony, Nizamabad, the Maruthi Car bearing No.MH-12/AX-7611 driven by its driver in a rash and negligent manner, dashed the deceased, due to which the deceased fell down and the car ran over the deceased, as a result the deceased received multiple injuries and died on the same day. The deceased was hale and healthy and was a student and she was earning Rs.6,000/- per month by agricultural labour work and she has got future. The 1st respondent is owner and the 2nd respondent is Insurance Company. The 2nd respondent is the appellant herein, who filed a counter denying liability and also the quantum of compensation. After considering the material on record, the lower Tribunal has granted a compensation of Rs.2,25,000/- and granted interest at 9% per annum. 4. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? 5. POINT: The cause of death of the deceased and the involvement of the vehicle are not seriously disputed. The insurance of the vehicle is also not disputed. The learned counsel for the appellant contends that the deceased girl was only aged about ‘8’ years and taking of notional income without any deductions and determining the multiplier without applying the age of the mother are erroneous and further the lower Tribunal has erred in awarding interest at 9% per annum. Evidently, the petitioners though claimed that the deceased was a student, no document was filed to prove that she was studying in any school. Though the age of the deceased was also shown as ‘12’ years, the Post Mortem Examination report shows that she was aged only ‘8’ years. Therefore, taking into consideration the above factors, it cannot be said that the deceased was earning anything. In cases where the death of a minor child occurs, it is very difficult to any Court to determine the exact loss of dependency to the parents. It is only a guess work that has to be applied. The petitioners have no other children and they come from agricultural labour family. 6. Therefore, taking into consideration the status of the parties, the quantum of compensation if fixed at Rs.2,00,000/- will be reasonable and fair. The lower Tribunal has granted interest at 9% per annum, which appears to be on higher side and I feel the ends of justice would meet if the interest is reduced to 7.5% per annum. With the above modification, the award of the lower Tribunal is confirmed and the appeal is allowed in part. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:23.12.2011 INL