JUDGMENT : M.D. SHAH, J. 1. This appeal has been filed by the original opponent No. 2-National Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 11-3-2011 passed by the Motor Accidents Claims Tribunal (Aux.) Kutch at Bhuj in MACP No. 499 of 2004. 2. Facts in short are that claim petition was filed by heirs and legal representatives of deceased minor girl Krushnaben Ramesh Dayani claiming compensation for death of the deceased which is caused in an accident which occurred on 4-6-2004 at 15:30 hours. It is inter-alia contended that the deceased was travelling in chakdo rickshaw No. GJ- 15-AX-8400 and when the said rickshaw reached Nalia-Mandvi road, a trailor-truck No. GJ-1-AT-943 coming from the opposite direction in a rash and negligent manner dashed with the rickshaw causing fatal injuries to the deceased. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal. 3. I have heard learned advocate, Mr. Maulik J. Shelat for the appellant and have also taken into consideration oral as well as documentary evidence. Though notice of rule was duly served on the original claimants, they did not appear either personally or through advocate. 4. It is submitted by Mr. Shelat that deceased was aged about five years. However, the Tribunal considering various judgments of Hon'ble Apex Court granted compensation on a higher side. It is submitted that in those reported cases, age of the minor deceased was above 10 years while in the case on hand, age of the minor deceased was about five years and hence, Rs. 1,57,834/- ought to have been awarded as compensation. It is therefore requested that the compensation awarded may be reduced and appeal be partly allowed. 5. This Court has gone through the impugned award together various judgments relied on by the Tribunal. 6. It is true that the Tribunal relying upon various judgments of the Hon'ble Apex Court has awarded Rs. 2,04,500/- as compensation. It may be noted that in those judgments, age of the minor was above 10 years. However, in the present case, age of the deceased minor was about five years of age and hence, in the opinion of this Court, an amount of Rs. 1,57,834/- can be considered as just and adequate compensation. 2,04,500/- as compensation. It may be noted that in those judgments, age of the minor was above 10 years. However, in the present case, age of the deceased minor was about five years of age and hence, in the opinion of this Court, an amount of Rs. 1,57,834/- can be considered as just and adequate compensation. In view of the above, this appeal requires to be partly allowed. 7. Thus, this appeal is partly allowed. The impugned judgment and award is modified to the extent that the total amount of compensation payable to the claimant is limited to Rs. 1,57,834/- instead of Rs. 2,04,500/- with interest as awarded by the Tribunal. The insurance company is entitled to refund of the excess amount lying deposited in the fixed deposit. The remaining part of the judgment and award would remain unaltered. 8. Office to send back the records and proceedings, if any, forthwith. Appeal partly allowed.