Solatium

The Wrongs (Miscellaneous Provisions) Act (Chapter 297) provides two (2) actions that a person can claim on behalf of the Deceased. These actions for are:

1. Dependency claim under Part IV (wrongful act or neglect causing death) of the Act;
2. Estate claim under Part V (survival of causes of action);

If a child died because of the negligent act or omission of another person, then the parents can bring an action for damages under Part IV (wrongful act or neglect causing death) of the Wrongs (Miscellaneous Provisions) Act (Chapter 297). In this action, a parent can claim as relief solatium.  What is solatium? Solatium is a form of compensation for the suffering caused to a parent by the death of the child.

Who is considered a child?

For the purposes of this action, who is considered a child? What is the age limit wherein a person can be considered a child? A child is under the age of 18 as set out in the cases of in Manduru v Motor Vehicles Insurance Ltd [2016] PGNC 308; N6509 and Hariwaja -v- PNG Power Limited [2014] N7488 and Mari v Tahong [2015] PGNC 280; N6241.

Who is considered a parent?

For the purposes of this action, who is considered a parent? The Act defines parent to mean:

1. where the child has been adopted, the adopted father or mother of the child;
2. where the child has not been adopted, the father or mother of a legitimate child; and
3. where the child has not been adopted but is born out of wedlock, the mother of an illegitimate child.

How much is the award of solatium?

The award of solatium is set by the Act at a fixed sum of K600. This is considered too low in the current economic climate. However, it is the statutory amount. The only way to increase or lower is amount is by way of amendment of the Act.

The Court will award the amount of K600 equally to both parents if they brought the proceedings together. However, if both parents survive the child and only one parent brings such as action to claim solatium, then the Court will award only half as it is due. The Court will look at the conduct of the parent in relation to the deceased child and if it finds it unsatisfactory, it may refuse to grant solatium. Furthermore, if a parent dies, his right to this claim does not survive him for the benefit of his estate.

All in all, solatium is a relief awarded to the surviving parent of a child in compensation for the suffering he endured because of the death of the child. The award is set by statute at K600 to be shared equally by both parents.

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