JUDGMENT : B.L. Hansaria, J. 1. A motor accident took place on 21.12.1982 on the National Highway about three miles east of Dhekiajuli town. One Kuleswar Urang, aged about 8 years, got involved in the accident and expired on the next day at Tezpur Civil Hospital. A claim of Rs. 2 lakhs was advanced by the mother of the deceased. The claim petition was preferred only against the owner and driver of the vehicle as the name of the insurer was not known to the claimant. It is because of this that the opposite parties were asked to furnish the name of the insurer. The same was, however, not done and, ultimately, the case was taken up ex part. On being satisfied about the making out of prima facie case, the learned Tribunal stated that claimant was from a lower middle class family, a reduced sum of Rs. 1 lakh will meet the ends of justice and, accordingly, awarded that amount as compensation. This appeal has been preferred by the owner and driver of the vehicle who were arrayed as opposite parties before the learned Tribunal. 2. When a prayer was made to stay the execution of the award, this court had ordered on 15.10.1985 to deposit a sum of Rs. 25,000/- whereupon it was ordered that the execution would remain stayed. It is, however, stated by Mr. Bhattacharjee who has appeared for the claimants that the sum of Rs. 25,000/- has not yet been paid. 3. Be that as it may, the question for determination is whether a sum of Rs. 1 lakh can be regarded as just compensation payable to the claimants. Mr. Mahanta has drawn our attention to a recent decision of this court in New India Assurance Co. Ltd. Vs. Sangey Tsering and Another, , wherein after adverting to a large number of decisions it was stated in para 9 that a sum of Rs. 10,000/- would be just compensation for the mental shock suffered due to the loss of a daughter aged about 7 years. As the daughter was, however, the only daughter of the claimant and as there was no chance of begetting another daughter, the shock was assessed at Rs. 15,000/-. The sum was, however, enhanced to Rs. 17,000/- keeping in view the submission of Mr.
As the daughter was, however, the only daughter of the claimant and as there was no chance of begetting another daughter, the shock was assessed at Rs. 15,000/-. The sum was, however, enhanced to Rs. 17,000/- keeping in view the submission of Mr. Bhattacharjee who had appeared in that case for the opposite parties, that in a tribal society a girl is valued no less than a son and indeed a girl is valued more. Mr. Mahanta submits that in the present case also, the award should be reduced to Rs. 17,000/-. We accept the submission and order accordingly. The sum of Rs. 17,000/- shall, however, carry interest at the rate of 9 per cent per annum from the date of filing of the claim petition till today. The rate of interest would be 12 per cent per annum from today till realisation. Let the amount as calculated above be paid within a period of two months from today. It may be stated that we have shown leniency in so far as the interest is concerned having known that the owner of the vehicle shall have to pay the entire amount from his own pocket inasmuch as the insurer is not before the court. We may, however, state that the principal amount of compensation along with interest at the rate of 9 per cent would fetch more than Rs. 25,000/- which was made payable by the appellant while granting stay as noted above. Vide order passed on 31.3.1987, the respondents' counsel was also asked to receive instruction if Rs. 25,000/- would be received by the respondents in full and final settlement of their claim. 4. In the result, the appeal is partly allowed.