Order Heard the parties and with their consent this appeal is disposed of at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure. 2. A Child aged about 4 1/2 years died in a motor accident on 17.6.1992. The mother and father of the deceased filed Claim Case No. 21 of 1992 under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). 3. By the impugned judgment and award dated 12.3.1997 the Tribunal has assessed a sum of Rs. 1,64,500/- along with 12% interest as compensation payable to them. 4. The Tribunal, in my opinion, erred in applying amended provisions of the Act, which came into force only on 14.11.1994 i.e. much after the accident and were not retrospective in effect. 5. From the evidence adduced it is clear that the accident occurred due to rash and negligent driving of the vehicle involved and hence the tribunal rightly held that the owner of the vehicle was liable to give compensation to the claimants and the said liability was to be indemnified by the insurer. 6. While assessing compensation, the tribunal committed an error, when it took notional income of the deceased, a 4 1/2 years old child and also used the multiplier etc. 7. It is well settled that in case of death of an infant child in a motor accident, compensation is to be awarded on lump sum basis considering the status of the parties, financial condition of the family of which the deceased belonged to, the future expectancy of the deceased and loss of love and affection of the parents. 8. The child was a non-earning member. Looking to the intention of the Parliament in the Act I find that for the death of a person in case of "no fault liability" the compensation should not be less than Rs. 50,000/- It can be taken as good guidance to determine the question of compensation in case of death of a child. 9. Considering all aspects on the present case, in my opinion, a sum of Rs. 50,000/- would be the proper assessment of compensation on lump sum basis to be paid to the claimants respondents 1 and 2. I do not find any reason to interfere with the interest granted by the tribunal. 9. Considering all aspects on the present case, in my opinion, a sum of Rs. 50,000/- would be the proper assessment of compensation on lump sum basis to be paid to the claimants respondents 1 and 2. I do not find any reason to interfere with the interest granted by the tribunal. Hence the impugned judgment and award is modified and quantum of total compensation assessed by the tribunal to the tune of Rs. 1,64,500/- is reduced to Rs. 50,000/- only. 10. It is submitted that a sum of Rs. 25,000/- by way of interim compensation has already been paid and a sum of Rs. 25,000/- deposited in this court under Section 173 of the Act for the purpose of this appeal, by chalan no. 131 dated 21.8.1997 is permitted to be withdrawn by the claimants-respondents 1 and 2 on proper identification and in accordance with law. Such payments shall be considered while calculating interest on the awarded amount. This appeal is, accordingly, disposed of.