Sympathy but no relief for schoolkids’ parents

Parents of 29 children who lost their lives when their school bus fell into the Yamuna 12 years ago suffered another jolt on Friday when the Supreme Court rejected their plea demanding at least Rs10 lakh for each kid who died of negligent driving.

The court that had ordered Rs1 crore compensation in a medical negligence case earlier, expressed it sympathies with the petitioner parents but also expressed its inability to enhance the compensation under the Motor Vehicles Act and ordered that each parent would get between Rs1.80-2.40 lakh besides other expenses, like Rs5,000 towards funeral and last rites and Rs1,000 to the parents of one child on account of loss of books.

Upholding the Delhi high court judgment that revised the claims tribunal’s order, the SC said the dependents would be entitled to 7.5% interest, but cannot withdraw the principal amount during the lock-in period of six years without the tribunal’s permission.

The tribunal determined the compensation amount seven years after the accident. It carved out three categories of the victim children. It awarded Rs1,55,000 to dependents of children between 10-15 years, Rs1.65 lakh for those between 15-18 years and Rs1.05-1.31 lakh for those below 10 years.

Saying that it couldn’t decide whether the second schedule of MV Act required amendment so that higher compensation amount be ordered for victims of accidents, like children who don’t earn, judges said, “it is extremely difficult to quantify the non-pecuniary compensation as it is to a great extent based on sentiments and emotions.”

“But difficult to quantify and pinpoint the exact amount payable with mathematical accuracy could not be a ground for non-payment of any amount whatsoever,” a bench of justices SB Sinha and Mukundakam Sharma said.

“Human life can’t be measured only in terms of loss of earning or monetary losses,” the court said, adding, “there are emotional attachments involved and loss of a child can have a devastating effect on the family.”

Concerned at the irreparable loss that parents suffered, the judges said, “No amount of compensation can restore the lost limb or the experience of pain and suffering due to loss of life.

“Loss of a child, life or a limb can never be eliminated or ameliorated completely. To put it simply, pecuniary damages cannot replace a human life or limb lost. Therefore, in addition to the pecuniary losses, the law recognises that payment should also be made for non pecuniary losses on account of loss of happiness, pain, suffering and expectancy of life.”