JUDGMENT T.S. Doabia, J. 1. The father and son were proceeding towards Gwalior from Shivpuri on scooter No. CIH 4494. A fatal accident took place. A truck bearing No. DIL 8100 was the cause of the accident. The father died on the spot whereas the son died on his way to hospital. Two claim petitions were preferred. This appeal is with regard to the compensation awarded on account of the death of the son, namely, Naved Hasmi. The appellants are the mother, two sisters and younger brother. On account of the death of the father, the above claimants were compensated to the extent of Rs. 1,35,800 whereas on account of the death of the son referred to above, the Tribunal ordered payment of compensation to the extent of Rs. 25,000/-. It is the assessment of this amount which has been challenged in this appeal. 2. The deceased was a student of Class VIII. According to the mother, deceased was a meritorious student and a good sportsman. Certificates, Exhs. A-9 to A-13 have been placed on the record. The mother has stated that had the factum of death not intervened an all out effort would have been made to see that the deceased got medical education. It is on this premises, the amount of compensation amounting to Rs. 50,000/- has been claimed. 3. The claimants want compensation to be fixed by taking into consideration the multiplier method. However, this is not the permissible mode. The compensation in such cases is not on the basis of pecuniary loss but it has to be paid mostly to take care of mental shock to the parents. Apart from this, while trying to assess the mental shock, the age of the child, the number of the children, the sex to which the child belonged, are some of the relevant factors. The financial status of the family may also be a relevant factor. Some of the judicial pronouncements awarding compensation in such cases may be noticed: (i) In Hira Devi v. Bhaba Kanti Das 1977 ACJ 293 (Assam), the compensation was fixed at Rs. 12,000/-. In this case death of a boy aged 12 years took place. (ii) In Manmohan Sarup Kaushal v. Mela Ram 1977 ACJ 140 (Delhi), a sum of Rs. 8,000/- was awarded for death of a girl aged 11 years.
12,000/-. In this case death of a boy aged 12 years took place. (ii) In Manmohan Sarup Kaushal v. Mela Ram 1977 ACJ 140 (Delhi), a sum of Rs. 8,000/- was awarded for death of a girl aged 11 years. (iii) In Basanta Kumar Sahu v. Shyamsunder Agarwalla 1977 ACJ 359 (Orissa), the amount of compensation was fixed at Rs. 8,000/- when the death of a boy aged about 5 years took place. (iv) In Beliya v. Madhya Pradesh State Road Trans. Corporation, Bhopal 1977 ACJ 362 (MP), a sum of Rs. 4,000/- was awarded for the death of a boy aged 7 years. (v) In Neelakantanachari Velayudhanachari v. Kerala State Road Trans. Corporation 1977 ACJ 474 (Kerala), a sum of Rs. 5,000/- was awarded for the death of a girl aged about 12 years. (vi) In Madhya Pradesh State Road Trans. Corporation v. Yasin 1974 ACJ 358 (MP), compensation of Rs. 5,000/- was awarded when the death of a boy aged 12 years took place. (vii) However, in the recent years, compensation has been fixed at higher rates. Thus, in Andhra Pradesh State Road Trans. Corporation v. Annapureddy Gurava Reddi 1984 ACJ 451 (AP), compensation was fixed at Rs. 18,000, where the death of a boy of 9 years took place. (viii) In Rashid Husain v. Union of India 1984 ACJ 635 (Allahabad), a sum of Rs. 20,000/- was awarded by way of compensation when the death of a boy aged 5 years took place. (ix) In Kanhaiyalal v. Dr. Anilkumar 1989 ACJ 713 (MP), this court fixed the compensation of Rs. 30,000/- for the death of a boy aged 12 years. (x) In Prem Lal Shriwas v. Manager, Perfect Pottery 1993 ACJ 1069 (MP) and Jaimal Singh v. State of Rajasthan 1994 ACJ 447 (P&H), compensation was awarded at Rs. 35,000/- and Rs. 40,000/- when the deceased were aged 9 years and 14 years respectively. 4. Coming to the facts of the present case, it has come on record that the deceased was the eldest child in the family. He was a good sportsman. He was aged 12 years. Taking all the facts and circumstances of this case, there can be no doubt that this was an accident where two male members of the family lost their lives. The shock to the mother would be very grave. The accident took place in 1987.
He was a good sportsman. He was aged 12 years. Taking all the facts and circumstances of this case, there can be no doubt that this was an accident where two male members of the family lost their lives. The shock to the mother would be very grave. The accident took place in 1987. In this view of the matter, it would be just and proper to enhance the compensation amount by Rs. 10,000/-. This would be in line with the recent trend as reflected from the decision of this court in the case of Kanhaiyalal v. Anil Kumar 1989 ACJ 713 (MP). The claimants would be entitled to interest at the rate of 12 per cent per annum on the above amount. This appeal is allowed to the extent indicated above.