JUDGMENT : 1. Heard learned advocate Mr. Hiren Modi appearing with learned advocate Mr.Karna Dhomse for the appellants and learned advocate Mr. Rahul Dholakia for the respondent no.3. Perused the available record. 2. It is unfortunate that by impugned judgment and award dated 01.07.2017 Motor Accident Claims Tribunal, Gandhidham at Kutch has dismissed the Motor Accident Claim Petition No.274 of 2007 preferred by present appellant under Section 163 A of the Motor Vehicles Act,1988 claiming Rs.4,79,700/- for accidental death of one Raysangbhai Rajabhai Thakor, aged about 26 years. The appellant nos. 1 and 2 are parents of the deceased - victim whereas appellants nos.3 to 7 are siblings of the deceased - victim. 3. It is unfortunate that though claim is under Section 163 A of M.V. Act and therefore, considering the settled legal position as well as statutory provisions of Section 163 A, claimant does not have to either plea or prove the negligence of offending vehicle, irrespective of their involvement in the accident. The Tribunal has dismissed the claim petition observing that claimants have failed to prove negligence of the vehicle driver. Therefore, by all means award needs to be quashed and modified so as to award just and reasonable compensation to the appellants – claimants. 4. It is undisputed fact that deceased was working as a loader on truck no. GJ 12 Y 8141 and during process of unloading such goods, its driver has taken truck in reverse and dashed victim who received fatal injuries. For such incident FIR was registered with Aadhoi Police Station as I-C.R. No.54 of 2007 on 12.06.2007, incident took place on 11.06.2007. 5. Therefore, by all means victim was third party to owner and insurer of vehicle which was involved in the accident and once certificate of insurance is issued by insurance company, it has no option but to pay compensation to legally representative of the deceased victim as per 2nd schedule under Section 163-A of M.V. Act. It is evident from the record that deceased was aged about 26 years and claimants have not claimed any exaggerated amount as compensation when they came forward with a case that deceased was earning Rs.3300/- only per month. Therefore, even if we considered the earnings of the victim as Rs.3000/- than claimants are entitled to Rs.4,08,000/- as future loss of income + Rs.2000/- towards funeral expenses and Rs.2500/- towards loss of estate. Therefore, even if we considered the earnings of the victim as Rs.3000/- than claimants are entitled to Rs.4,08,000/- as future loss of income + Rs.2000/- towards funeral expenses and Rs.2500/- towards loss of estate. There may not be any award for loss of consortium, since, deceased - victim was unmarried. Therefore, claimants are entitled to Rs.4,12,500/-. Therefore, appeal needs to be partly allowed by setting aside the impugned award so as to award an amount of Rs.4,12,500/- as compensation with 9% interest from the date of application till its realization. 6. Insurance company shall deposit such amount within 12 weeks from today. As and when such amount is deposited, 30% of such amount shall be disbursed in favour of appellants no.1 and 2 whereas 70% shall be invested in FDR in their name for five years. However, appeal by appellants no.3 to 7 stands dismissed since, they are elder siblings of the deceased and therefore, in presence of appellants no.3 to 7 are not legal representatives and thereby, they are not entitled to separate compensation.