1 FA 782 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 782 OF 2010 Omkar Deeliprao Pensalwar Appellant V E R S U S Ashishkumar Omprakash Varma & another Respondents Mr. S.S. Chapalgaonkar, Advocate for appellant Mr. Shrikant Kulkarni,Advocate h/f Mr.Pawan Lakhotiya advocate for respondent No.1 Mr. R.B. Bhosle, Advocate h/f Mr. D.S. Kulkarni, Advocate for respondent No.2 CORAM : S.V. GANGAPURWALA, J. DATED : 7th April, 2011 PER COURT : 1. Admit, taken up for final hearing with the consent of parties. 2. The appellant had filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation on death of his sister. The Tribunal has awarded compensation of Rs. 1,10,000/- (Rs. One lakh ten thousand) including No Fault Liability (NFL), aggrieved thereby the appellant has filed the present applicant. 2 FA 782 of 2010 3. Shri Chapalgaonkar, learned counsel for the appellant, submits that in fact in similar circumstances the Apex Court in case of “New India Assurance Co. Ltd. V. Satender and Others, reported in AIR 2007 S.C. 324(1)” awarded an amount of Rs. 1,80,000/- (Rs. One Lakh eighty thousand) for child of the same age, and as such, claimant be awarded 1,80,000/- (Rs. One Lakh eighty thousand), all other facts are not disputed. 4. Shri Kulkarni, learned counsel for respondent No. 2, submits that at an early age uncertainties are also required to be taken into consideration and the income is not capable of assessment. The Apex Court in one of such case i.e. “Kaushlya Devi V. Karan Arora and Ors, reported in 2007(11) SCC 120” awarded compensation of Rs. One lakh for a child aged eleven years, and the Tribunal has awarded the reasonable amount of compensation, in the present case. 6. With the assistance of learned Counsel, I have gone through the Award. The quantum of compensation to be awarded would defer from case to case and depend upon the factual matrix. No doubt the income would not be susceptible to assessment of the child aged of eleven years. No straight jacket formula can be applied in such 3 FA 782 of 2010 cases. The accident has taken placed in the year 2004, and the compensation is awarded in the year 2009. Taking into account the valuation of Rupee, the compensation will have to be computed. The learned counsel for the appellant has restricted his claim to Rs. 1,25,000/- (Rs. One lakh twenty five thousand). The compensation amount of 1,25,000/- (Rs. One lakh twenty five thousand) would be just and proper. 7. In the result, the present appeal is allowed partly, and it is held that the appellant is entitled for total compensation 1,25,000/- (Rs. One lakh twenty five thousand) including No Fault Liabilaity amount of Rs. 50,000/- (Rs. Fifty thousand). Save and except the modification in the quantum of compensation i.e. 1,25,000/- (Rs. One lakh twenty five thousand) instead of Rs. 1,10,000/- (Rs. One lakh ten thousand), rest of the order passed by the Tribunal is maintained. First Appeal, accordingly stands disposed of. ( S.V. GANGAPURWALA, J ) SDM*782.10FA/070411.