Shashikalabai ( Smt. ) Vs. State of Maharashtra and Another
EmailAppeal: Civil Appeal No. 2077 of 1998
( Arising out of SLP (C) No. 2962 of 1998 )
( Arising out of SLP (C) No. 2962 of 1998 )
Petitioner: Shashikalabai ( Smt. )
Respondent: State of Maharashtra and Another
Apeal: Civil Appeal No. 2077 of 1998
( Arising out of SLP (C) No. 2962 of 1998 )
( Arising out of SLP (C) No. 2962 of 1998 )
Judges: SUJATA V. MANOHAR & D.P. WADHWA , JJ.
Date of Judgment: Jul 04, 1998
Head Note:
FATAL ACCIDENT
Compensation
Compensation – Award of amount as per circular dt. 5.4.79 – Correspondence between 1991 to 1994 – Fresh circular on 28.1.93 enhancing compensation from 30 ,000/- to 60 ,000/- in cases not closed – Formal application on 14.2.94 – Held that appellant was entitled to enhanced compensation under new circular . ( Para 2 )
JUDGEMENT:
O R D E R
1 . Leave granted .
2 . In respect of the fatal accident of the appellant’s husband who came in contact with a live electric wire and died of shock , the High Court has given compensation of Rs. 30 ,000 on the basis of the circular of the Maharashtra State Electricity Board , Respondent 2 herein , dated 5-4-1979 . Death occurred on 18-3-1991 . However , there was correspondence between the appellant and the respondents from 1991 to 1994 and the actual formal application was made on 14-2-1994 , by which time the new circular of 28-1-1993 had come into force . Under the new circular of 28-1-1993 , the compensation amount has been increased from Rs. 30 ,000 to Rs. 60 ,000 . The circular also states that it shall come into force with immediate effect and the compensation cases already closed shall not be reopened . Since the present case was not closed on the date of the circular coming into effect , the appellant should have been granted the benefit of the new circular .
3 . We , therefore , modify the order of the High Court by grant-ing her additional compensation of Rs. 30 ,000 over and above what has been already awarded . The amount shall be paid within a period of eight weeks from today . If the full amount is not paid within a period of eight weeks from today , the amount will carry interest thereafter @ 12% p.a . However , on the amount of Rs. 30 ,000 granted by the High Court , if the amount has not been paid so far , Respondent 2 shall pay interest @ 12% p.a. from the date of the impugned order of the High Court .
4 . The appeal is allowed accordingly .
1 . Leave granted .
2 . In respect of the fatal accident of the appellant’s husband who came in contact with a live electric wire and died of shock , the High Court has given compensation of Rs. 30 ,000 on the basis of the circular of the Maharashtra State Electricity Board , Respondent 2 herein , dated 5-4-1979 . Death occurred on 18-3-1991 . However , there was correspondence between the appellant and the respondents from 1991 to 1994 and the actual formal application was made on 14-2-1994 , by which time the new circular of 28-1-1993 had come into force . Under the new circular of 28-1-1993 , the compensation amount has been increased from Rs. 30 ,000 to Rs. 60 ,000 . The circular also states that it shall come into force with immediate effect and the compensation cases already closed shall not be reopened . Since the present case was not closed on the date of the circular coming into effect , the appellant should have been granted the benefit of the new circular .
3 . We , therefore , modify the order of the High Court by grant-ing her additional compensation of Rs. 30 ,000 over and above what has been already awarded . The amount shall be paid within a period of eight weeks from today . If the full amount is not paid within a period of eight weeks from today , the amount will carry interest thereafter @ 12% p.a . However , on the amount of Rs. 30 ,000 granted by the High Court , if the amount has not been paid so far , Respondent 2 shall pay interest @ 12% p.a. from the date of the impugned order of the High Court .
4 . The appeal is allowed accordingly .
