By the Court.—This appeal has been made on behalf of the claimant being aggrieved and dissatisfied with the quantum of the award of Rs. 51,500/- on the death of minor child aged about 10 years. The judgment has been delivered by the Tribunal on 4.3.2009. We find that the ratio of the judgment of this Bench reported in 2007 (4) TAC 388(All.), where all the earlier judgments of the Supreme Court have been categorically considered, which is as follows :

"9. Therefore, it is crystal clear that none of the judgments proceeded on any uniform trend nor it can be. It has to be based on facts and circumstances of each case. Against this background, we have to ascertain what is the ratio decidendi available on the basis of the discussion from the aforesaid judgments. The ratio decidendi is that in arriving at ‘just’ compensation the Court cannot proceed by adopting a straight-jacket formula. It has to vary from case to case. The other ratio decidendi is that in case of death of minor children, there is no scope of ascertainment of income. It is also very difficult to assess future prospect. Against this background, now it is to be seen whether the legislature has made any provision t