JUDGMENT : Hon'ble Arvind Kumar Mishra-I,J. 1. Heard learned counsel for the parties and perused the record. 2. This First Appeal From Order has been filed under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 20.04.1998 passed by Motor Accident Claims Tribunal/Ist Additional District Judge, Varanasi in Motor Accident Claim Tribunal No.33 of 1988 (Smt. Parwati Devi and others vs. Devi Shankar Rai and others), whereby, the claim petition was partly allowed for compensation amount Rs.20,000/- along with accruing interest at the rate of 12% per annum. 3. Factual matrix of the case as discernible from the certified copy of the award reflects that the accident in question took place at 7.30 A.M. on 24.3.1986 at village Shivpur, bypass road, Police Station- Shivpur, district Varanasi, when driver of Vehicle No.UPF 4927 drive it rashly and negligently and dashed with Kumari Asha, aged about 6 years, resulting into her death. The averment made in the claim petition referred to facts that the deceased was a minor girl. The claim petition was preferred seeking relief for Rs. 75,000/-. The appellant contested the case and after considering the case on its merit, the claim petition was partly allowed by the tribunal concerned for Rs.20,000/- along with interest at the rate of 12% per annum, which order is subject matter of consideration before this Court. 4. The case was contested by the respondents and written statement was filed denying the claim so raised and as many as five specific issues were framed by the tribunal for disposal of the claim petition: (i) Whether the accident in question took place on the aforesaid date and time, as claimed, and as to whether the accident in question was caused by rash and negligent driving by the driver of the offending vehicle, which caused death of Kumari Asha? (ii) Whether the driver was plying the aforesaid vehicle rashly and negligently on the aforesaid date and time? (iii) whether the aforesaid truck was not insured with the present appellant- insurance company- at the time of the accident? (iv) Whether the aforesaid offending vehicle was being driven in accordance with the terms and conditions of the insurance policy? (v) The last issue related to be factum of compensation if any- then how much? 5. (iii) whether the aforesaid truck was not insured with the present appellant- insurance company- at the time of the accident? (iv) Whether the aforesaid offending vehicle was being driven in accordance with the terms and conditions of the insurance policy? (v) The last issue related to be factum of compensation if any- then how much? 5. After scrutinizing various facts and testimony on record, the trial court recorded the findings on issue nos.1 and 2 in favour of the respondent nos.1 and 2. On issue no.3 the tribunal was of specific view after long drawn discussion that the aforesaid offending vehicle was not ensured with the Insurance Company. Therefore, liability to pay the compensation was rightly put on the shoulder of the owner of the vehicle in question- the present appellants. Insofar as the finding of compensation is concerned, looking to the age of the deceased girl in question, who was about 6 years old, under the facts and circumstances of the case, the amount awarded cannot be termed excessive or erroneous. 6. Looking to the entirety of the case, the compensation awarded appears to be just and consistent. No interference is required. 7. In view of above, there is no error in the finding recorded by the Tribunal and the compensation awarded is just and consistent, therefore, this First Appeal From Order sans merit and the same is dismissed in limine. 8. In compliance of the order dated 3.10.2017, the amount of compensation to the tune of Rs.10,000/- along with accruing interest, if not already deposited with the tribunal, shall be deposited within 15 days from today and if already deposited, the same shall be distributed between respondent nos.1 and 2. 9. Parties shall bear their own cost.