The only question to be decided in this appeal relates to the quantum of compensation payable to the respondent No. 1 who is the father of Droma who was aged about 7 years when she met her death in a motor accident. A claim of Rs. 1,00,000/- was advanced and the learned Tribunal has awarded a sum of Rs. 50,000/-. 2. It is contended by Shri Choudhuri for the appellant that compensation of Rs. 50.000/- on account of an estimated pecuniary loss sustained by the father of Droma is excessive. In support of this submission, Shri Choudhuri has relied on a large number of decisions. At first he has referred to State of Assam vs. Nalini Kanta AIR 1982 Gauhati 56, in which a Bench of this Court scaled down the compensation from Rs. 30,000/- to Rs. 10.000/- awarded for death of a girl aged about 15/16 years. The learned counsel has then drawn my attention to a number of decisions of the years 1977 to 1984 wherein different High Courts of the country had awarded a sum varying from Rs. 4,000/- to Rs. 12.000/- for the death of a girl or boy aged between 5 to 12. The first is Hira Devi vs. Bhaba Kanti (FB),AIR 1977 Gauhati 31, in which compensation for the death of a,boy aged 12 years was fixed at Rs. 12.000/-He has then referred to Manmohan Sarnp Kaushal vs. Mela Ram, 1977 ACJ 140 , where a sum of Rs. 8.000/- was awarded for death of a girl aged about 11 years. In Basanta Kumar Sahu vs. Shyam-Snnder Aganralla, 1977 A,CJ 359 (Orissa), the compensation fixed for the death of a boy aged about 5 years was Rs. 8,000/-. In Beliya vs. M. P.S.R.T. Corporation, Bhopal, 1977 ACJ 362(MP), a sum of Rs. 4.000/-was awarded for the death of a boy aged about 7 years. In Neelakantm-nchari Velayudhanachari vs. Kerala State Road Trans. Corp., 1977 A.C.J. 474, a sum of Rs. 5.000/- was awarded for the death of a girl aged about 12 years and a similar amount for the death of a boy of about 11 years. In M.P. State Road Transport Corporation vs. Yasin, 1974 ACJ 358 (MP), compensation for the death of a boy aged about 12 years was fixed at Rs. 5,000/-. 3.
5.000/- was awarded for the death of a girl aged about 12 years and a similar amount for the death of a boy of about 11 years. In M.P. State Road Transport Corporation vs. Yasin, 1974 ACJ 358 (MP), compensation for the death of a boy aged about 12 years was fixed at Rs. 5,000/-. 3. Some recent decisions show that the compensation has been escalated to some extent inasmuch as in Andhra Pradesh State Road Trans. Corpn vs. Annapureddy Gurava Reddy 1984 ACJ (Andhra Pradesh) compensation awarded for the death of a boy aged about 9 years was fixed at Rs. 18,000/- and in P.R. Thakur vs. J. P. Tyagi, 1984 ACJ 635 (Delhi) a sum of Rs. 20,000/- was awarded as compensation for a boy aged about 5 years. 4. Shri Choudhury also refers to J&K State Road Transport Corporation vs. M. A. C. T., 1988(1) ACC 291 (J&K) in which the compensation for the death of a boy aged about 11 years was fixed at Rs. 10,000/-, though the compensation claimed was Rs. 1,55,400/-. In Kothandam vs. Gobindarajan, (1988) 1 ACC 407, the compensation awarded for the death of a boy aged about 12 years was enhanced from Rs. 5000/- to Rs 12,500/-. 5. As against these decisions cited by Shri Choudhury, Shri Bhattacharjee has referred to Saraswati Bai vs. Damodar Pd. 1987 ACJ 501 (M.P) in which the Court was concerned with the just compensation awardable on the death of only son aged about 7 years. The Court felt that the award of Rs. 6,000/- by the Tribunal was too inadequate and so it felt like enhancing the compensation to Rs. 50,000/-, but as a sum of Rs. 21,OOO/-had been claimed on this count, the Court remained satisfied by awarding a sum of Rs. 21,000/-. I have been also referred by Shn Bhattacharjee to Rupinder Singh vs. Jaswant Singh, 1987 ACJ 493 , in which the parents of the two deceased daughters aged about 8 and 4 years were granted a total compensation of Rs. 35,000/-. Shri Bhattacharjee also contends that while awarding compensation, the Court should bear in mind the escalating prices and the losing value «f money. 6. In the case at hand, we are concerned with the compensation payable to respondent No. 1 on the death of his sole daughter aged about 7 years.
35,000/-. Shri Bhattacharjee also contends that while awarding compensation, the Court should bear in mind the escalating prices and the losing value «f money. 6. In the case at hand, we are concerned with the compensation payable to respondent No. 1 on the death of his sole daughter aged about 7 years. Though normally compensation in case of spot death is paid mainly to take care of the pecuniary loss sustained by a claimant, I am of the view that while dealing with the compensation payable' for the death of a boy or girl too young in age, the desire of the Court to compensate the pecuniary loss would not be the appropriate basis to fix the compensation inasmuch as in case of a child it would not be an earning (not even prospectively earning) member and as such pecuniarily not an asset to the family. Indeed, a child in its young age would be a pecuniary liability to the family inasmuch as- the parent s would have to spend varying amount on its upbringing including education which is proving too costly in some cases. This apart, the family shall have to spend considerable amount of money in getting the boy or daughter married. It is also not known as to whether the child after attaining manhood would be gainfully employed, and if so, how much he or she would earn and whether he or she would be of any real financial assistance to the parents in their old age, Of course, the position would be different in those cases, where the child was a working hand and the family was deriving financial help from it. This will however be so in a few cases. The Court has therefore to make a departure from the traditional mode of computing compensation in such cases. In my view the compensation has to be paid mostly to take care of the mental shock, the parents had received ,on the death of their son or daughter. It is no doubt difficult to measure the mental shock in terms of money but the Court has nonetheless to perform this difficult task as satisfactorily as the same can be done.
It is no doubt difficult to measure the mental shock in terms of money but the Court has nonetheless to perform this difficult task as satisfactorily as the same can be done. There is no doubt that in doing so some amount of guess shall have to be taken recourse to but there seems to be no way out; Indeed, some amount of guesswork is involved in almost all computation of compensation under the Act. 7. While trying to measure the mental shock, the age of the child and the number of children, more particularly of the sex to which deceased belonged the couple had, would be the relevant factor. The financial status of the family shall also be relevant inasmuch as a sum of even Rs. 5000/-may mean much to a person belonging to lower strata of the society, this amount will be regarded insignificant by affluent parents. I have regarded the age of the child as a relevant factor in this regard because the attachment of the parents towards the child would definitely depend upon the period the child has been in the family. The number of children the couple has, has also bearing inasmuch as the shock would be terrible if the deceased child be the only issue. This shock would definitely be softened if the couple has some other children, more particularly of the same sex. The mental attainment of the child would also have some nexus in fixing the compensation. If the child be bright, the loss would be felt more even by the parents. The mental shock suffered by parents would also depend on the sex of the child and the attitude of the society to which the parties belonged. Another factor to be borne in mind in this connection would be whether the couple has possibility of begetting another child. If the couple has passed the re-productive age, the loss would be felt more. 8. The above are some of the factors which should guide the Court in fixing compensation for the loss of a child. If these factors are borne in mind in the present case, it would be seen that the claimant is an educated person belonging to the middle class inasmuch as he was a Government servant at the relevant time holding the post of Deputy Field Officer under the Arunachal Pradesh Government.
If these factors are borne in mind in the present case, it would be seen that the claimant is an educated person belonging to the middle class inasmuch as he was a Government servant at the relevant time holding the post of Deputy Field Officer under the Arunachal Pradesh Government. The father has also taken due care for the education of his children inasmuch as he had sent his younger son for study in Agricultural Engineering at Ladhiana, Punjab. Droma was the only female child of the claimant. In all he had three issues-two sons and a daughter. Droma was only 7 years old and was reading in Class-I of Bomdila Primary School; and as such not much is known about her mental attainments. 9. For a person like the claimant I would think that a sum of Rs. 10,000/-would be just compensation for the mental shock suffereed due to the loss of a daughter aged about 7 years. As Droma was, however, the only daughter of the claimant, who is aged about 60 years by now by because of which the chance of his begetting another daughter can be said to be very black, I would assess the shock at Rs. 15,000/-. Keeping in view the submission of Shri Bhattacharjee that in a tribal society a girl is valued no less than a son and indeed a girl is valued more, I would enhance the amount of Rs. 15,000/-to 17,000/-. 10. The compensation awardable to the claimant is, therefore fixed at a sum of Rs. 17,000/-. This would carry interest at 12% from the date of filing of the claim petition. Of course while calculating interest the amount already paid would be adjusted suitably. The claimant shall also get a sum of Rs. 1,000/-by way of cost. All these amounts shall be paid within a period of 2 months from today. 11. In the result, the appeal is partly allowed.