Torts--Compensation--15 years boy, was killed by leopard on a public place--State has failed to perform their duty of protecting the human life--Compensation of Rs.1,00,000/- granted.

Rakesh Kumar Jain, J.

1. This appeal has been brought by the defendants against the judgment of Lower Appellate Court dated 31.01.2002, who had modified the decree of Trial Court and awarded Rs. 1,00,000/- as compensation for the death of Mohan Lai, alongwith interest @ 9% per annum from the date of decree of the Trial Court till the date of realisation.

2. Shorn of unnecessary details, the brief facts of the case are that Mohan Lal, son of the plaintiff, was a student of 7th Class and was studying in a School at Morni. On 10.08.1989, while he was going to his school alongwith his cousin Yad Ram on a public passage, they were attacked by a leopard who carried away both Mohan Lal and Yad Ram. Mutilated body of Mohan Lal was lateron recovered from the forest, though Yad Ram could not be traced. The plaintiff filed suit for mandatory injunction seeking direction to the defendants to provide employment to the son of plaintiffs and to pay adequate compensation, in lieu of death of their son Mohan Lal. The plaintiffs alleged that leopard was a man eater. Various complaints were made to the concerned officials but no action was taken which resulted into the loss of valuable human life of Mohan Lal. The incident of the death of Mohan Lal by leopard was also published in newspapers. The defendants had assured the plaintiffs with financial help and to provide job but failed on their promise. Therefore, the plaintiffs had to file the suit seeking compensation to the tune of Rs. 2,00,000/-.

3. In the written statement, the defendant admitted that the dead body of Mohan Lal was found in the forest near village Chaila but asserted that the cause of death could not be ascertained. It was disputed that Mohan Lal died on account of any attack by a panther. It was also denied that the defendants had not taken any action on the complaints. Rather it was asserted that a sum of Rs. 15,000/- has been paid by the Deputy Commissioner, Ambala to the plaintiff Parmanand as compensation on humanitarian grounds, the plaintiff filed replication to the written statement and following issues were framed by the Trial Court:

1. Whether the plaintiff is entitled to relief of mandatory injunction as claimed? OPP

2. Whether the plaintiff is entitled to any compensation? OPP

3. Whether the suit is barred by limitation? OPD

4. Whether the suit is not maintainable? OPD

5. Whether the plaintiff has got no locus standing to file the suit? OPD

6. Relief.

4. The trial Court decreed the suit concluding that the plaintiffs were entitled to compensation in accordance with the compensation rates as mentioned in the list Mark 1(A).

5. The defendants did not challenge the finding of the Trial Court by way of cross-objection or cross-appeal. Thus the findings of the Trial Court to the effect that Mohan Lal had died on account of attack by leopard and the State was negligent, was upheld. The plaintiff came in appeal before the First Appellate Court against the inadequacy of the compensation. The first Appellate Court after taking into consideration decision rendered by this Court in 1999(1) A.C.C. 636 (D.B.) titled as Punjab Civil and Consumer Welfare Front (Regd), Banur v. Union Territory of Chandigarh and Anr. decision of Hon ble Apex Court in the case reported as 1999(11) A.C.C. 1 titled as Municipal Corporation of Delhi v. Sushila Devi 2 held that the plaintiffs are entitled to the compensation of Rs. 1,00,000/-. Since this Court had granted compensation of Rs. 1.0 , 0/ in the case of death of three years old child whereas the deceased Mohan Lal was 15 years of age and a student of VIIth Class.

6. The only argument raised by the learned Counsel for the appellant is that the compensation that has been awarded is excessive and the award of the Trial Court should be maintained which is based upon Mark 1(A) which is an order of the Government dated 29.05.1996 whereby the compensation has to be awarded to the extent of Rs. 20,000/- in case of death of a minor due to att