JUDGMENT A.M. Farooq, J.—This is an appeal filed by the KSRTC against the award made by the Motor Accident Claims Tribunal v. Bangalore Rural District, in M.V.C. No. 254/91 where the Claims Tribunal granted a compensation of Rs. 1 lakh for the death of a four years old girl. It is contended by the appellant that the compensation awarded is excessive. Therefore, the only question to be considered in this appeal is as to what is the compensation that should be paid in respect of death of a child aged about 4 years in a motor accident. 2. The Claims Tribunal has relied upon the judgment of this Court in Sri Bantu and another Vs. Sri Annappa and others, AIR 1996 Kant 33. That was a case of a boy aged about 17 years who was a diploma student and where the claimants therein had proved that they had spent considerable amount towards his studies and in that circumstance a compensation of Rs. 1 lakh was granted. Except relying upon the said judgment, the Claims Tribunal has not given any other reasons for the grant of Rs. 1 lakh as compensation. 3. Various High Courts have assessed different compensation to be awarded on the death of minor children in motor accidents. The Claims Tribunals are following one or the other of those judgments reported in various law journals. It is, therefore, desirable that guidance could be given to the Motor Accident Claims Tribunals, in this State to assess the compensation uniformly in cases where death of children up to the age of ten years are involved. 4. In Jahina Akhtar Hasmi and Others Vs. Guljar Singh and Others, (1995) ACJ 1286 Madhya Pradesh High Court has awarded a compensation of Rs. 5,000/- as compensation for the death of a child of 12 years. In Kamta Prasad and Another Vs. Jaggan and Co. and Another, (1996) ACJ 57 the Allahabad High Court has granted a compensation of Rs. 30,150/- for the death of a minor girl. In Gouranga Katual Vs. Govinda Mohapatra and Others, AIR 1995 Ori 101 the Orissa High Court has upheld the award of Rs. 15,000/- for the death of a girl aged about 13 years. In Mohandevi and Ors. v. Mam Raj and Ors. the Delhi High Court awarded Rs. 10,000/- as compensation for the death of a girl aged about four and half years. Govinda Mohapatra and Others, AIR 1995 Ori 101 the Orissa High Court has upheld the award of Rs. 15,000/- for the death of a girl aged about 13 years. In Mohandevi and Ors. v. Mam Raj and Ors. the Delhi High Court awarded Rs. 10,000/- as compensation for the death of a girl aged about four and half years. In Karnataka State Road Transport Corporation, Bangalore Vs. Dharmanna and Another, AIR 1998 Kant 298 this Court in the case of death of a girl aged about 11 years working as a coolie has reduced the compensation from Rs. 64,600/- to Rs. 43,000/-. Thus it could be seen that different amounts of compensation has been awarded in respect of death of minor children and there appears to be no consistency in the quantum of compensation awarded. It will be, therefore, in the interest of all concerned that a uniform compensation is to be awarded in respect of the death of minor children aged up to 10 years, unless there are special circumstances put forth by way of evidence in a particular case. 5. under Section 140 of the Motor Vehicles Act, 1988 under the no-fault liability a sum of Rs. 50,000/- could be granted in the case of death of any person. To claim compensation under the said provision of no-fault liability, the claimant is not required to plead and establish that the death or permanent disability in respect of which claim is made was due to any wrongful act, neglect or default of the owner or the driver of the vehicle which is a clear departure from the usual principle of law of tort that the claimant should establish negligence on the part of the owner or driver of the offending vehicle. The Hon'ble Supreme Court in Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and Another, AIR 1987 SC 1690 , has held that to that extent under Section 140 of the Motor Vehicles Act, the substantive law of the country stands modified. 6. In K. Murugesh and Others Vs. M. Palappa and Others, (1998) 8 SCC 418 the Hon'ble Supreme Court in the case of death of a boy aged about 18 years granted a compensation of Rs. 1 lakh with interest. In that case, the victim boy was in the prime of his youth and he was a student. 6. In K. Murugesh and Others Vs. M. Palappa and Others, (1998) 8 SCC 418 the Hon'ble Supreme Court in the case of death of a boy aged about 18 years granted a compensation of Rs. 1 lakh with interest. In that case, the victim boy was in the prime of his youth and he was a student. The Hon'ble Supreme Court held that merely because on the date of death, he was not earning being a student, it is not the relevant consideration for the purpose of determining the compensation payable to the claimants. In my view in all cases where compensation is claimed under the provisions of Motor Vehicles Act in respect of death of minor children up to the age of 10 years, a compensation of Rs. 50,000/- would be a just compensation that has to be awarded even at the final stage. It is true that an order passed under Section 140 of the Motor Vehicles Act is not a final order, but the Claims Tribunal has to consider the other aspects of the matter and come to a conclusion as to what is the compensation that has to be payable on the facts and circumstances of the case. But in most of the cases where victims are minor children up to the age of 10 years, there is no question of assessing the compensation to be paid in such cases on the earnings of the minors. Even a notional income of such minors need not be taken into consideration for assessing the compensation. In my view, in such cases, where the minor children aged up to 10 years are the victims of the accident, on which compensation is claimed, a compensation of Rs. 50,000/- to be awarded under Section 140 of the Motor Vehicles Act will be the just compensation unless there are special circumstances placed before the Court during enquiry. 7. In the present case, there is absolutely no special circumstance as to why the enhanced compensation of more than Rs. 50,000/- should be awarded on the death of the 4 years old girl. No such evidence has beer placed by the claimants. 7. In the present case, there is absolutely no special circumstance as to why the enhanced compensation of more than Rs. 50,000/- should be awarded on the death of the 4 years old girl. No such evidence has beer placed by the claimants. It cannot also be said that the girl could be earning any money and she was contributing the same to the family, The judgment relied upon by the Claims Tribunal was not at all applicable to the facts of this case since that case involved the death of a major boy aged about 18 years. Therefore, the compensation of Rs. 1 lakh awarded by the Claims Tribunal appears to be on a much higher side. A compensation of Rs. 50,000/- will be the reasonable compensation for the death of the four years old child. 8. In the result, I allow this appeal partly and reduce the award amount to Rs. 50,000/- which shall carry interest at 6% per annum from the date of petition till the date of realisation.