Under the law of torts, there are state of damage and state of compensation. As per such consideration, before granting damages one act must firstly qualify as a state of damage or so called “tortious act” Otherwise, the state of compensation may be applied in order to grant damages only where specially indicated by the law. That is where the law has made loopholes in
case of recovery damages for non-pecuniary loss that is not accompanied with injury to body, health or liberty since section 446 of the Thai Civil and Commercial Code (TCCC) does not specifically indicate non-pecuniary loss, not accompanied with injury to body, health or liberty, as a state of compensation. Also, it does not mention compensation for non-pecuniary loss in case of injury to life. Nevertheless, for those already mentioned within section 446, there is no device provided by the law in order to calculate damages for non-pecuniary loss. These issues bring about our present concern as follows: