FAO No.5796 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5796 of 2010 (O&M) Date of Decision. 11.03.2011 Smt. Sunita aged 25 years wife of Sh. Subhash Chander, caste Rajput, resident of village Gullarwala, Tehsil and District Fatehabad. ......Appellant Versus Virender son of Rajender Nath and others .....Respondents Present: Mr. Divay Sarup, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the Reporters or not ? No. 3. Whether the judgment should be reported in the Digest? No. -.- K. KANNAN J.(ORAL) 1. The appeal is for enhancement of claim for death of a child aged 3 years. The Tribunal had awarded compensation of Rs.2,15,000/-, which in my view, is in conformity with the law laid down by this Hon'ble Court in Manju Devi and another Vs. Musafir Paswan and another 2005 ACJ 99. The issue of determination of compensation for death of children is in exercise, which does not at all times come to high value. Certain provision of what the expectation of the parent could have been, in such a situation, is always relevant. There have been various dispositions coming through the Hon'ble Supreme Court itself with reference to the determination of compensation for children. In M.S. Grewal and another Vs. Deep Chand Sood 2001 SCC (Criminal) 1426, the Court was determining a FAO No.5796 of 2010 (O&M) -2- compensation of Rs.5 lacs in a case where the Children were studying in public schools and where the expectation of parents could have been high. In Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197 , the parents were employees of TISCO and there was a policy of the employer to provide for an employment to children of the employees themselves. So a prospect of sure employment with higher economic status was taken to be a consideration to provide for compensation of Rs.3,40,000/-. Any other situation where compensation is determined with no inputs about the possible high expectations of the parents, damages assessed at Rs.2,15,000/- is appropriate and just. There is no scope for enhancement of the compensation. 2. The appeal is dismissed. (K. KANNAN) JUDGE March 11, 2011 Pankaj*