Arun Mishra, J.
1. Appeal has been preferred on behalf of appellants-claimants for enhancement of compensation aggrieved by award dated 19.9.2001 passed by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 88 of 2000.
2. Appellants have lost their son aged two years in the accident on 18.4.2000. The Tribunal has awarded compensation of Rs. 52,000, the aforesaid amount has been awarded along with 9 per cent per annum interest from the date of filing of claim petition till realization and in case amount was not paid within one month, it was to carry 12 per cent interest. The appeal has been preferred for enhancement of compensation.
3. I have heard the learned Counsel for parties and gone through the evidence on record.
4. In the case of death of a child of two years it is quite difficult to assess the compensation, however, reasonable compensation has still to be awarded as held by the Apex Court in New India Assurance Co. Ltd. v. Satender : 2007 ACJ 160 (SC). It would be appropriate to assess the income of the deceased at Rs. 15,000 per annum as prescribed for non-earning member in the Second Schedule to the Motor Vehicles Act and applying the multiplier of 15 which is applicable up to the age of 15 years, making 1/3rd deduction towards the self expenditure, annual dependency comes to Rs. 10,000, capitalising with the multiplier of 15, the amount comes to Rs. 1,50,000. Thus, total compensation of Rs. 1,50,000 (rupees one lakh fifty thousand) is awarded to claimants. The compensation enhanced by this Court to carry the interest at the rate of 7 per cent per annum from the date of filing of claim petition till realization. Condition of award of interest at the rate of 12 per cent after lapse of one month imposed by the Tribunal is hereby set aside. No such term in terrorem should have been imposed particularly when award was executable. Award is modified to the aforesaid extent.
Resultantly, the appeal is allowed to the aforesaid extent. Parties to bear their own costs as incurred of the appeal.