Shashikalabai v. State Of Maharashtra & Another

Shashikalabai v. State Of Maharashtra & Another

(Supreme Court Of India)

Civil Appeal No. 2077 Of 1998 | 07-04-1998

1. Leave granted

2. In respect of the fatal accident of the appellants 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 granting 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.

Advocate List
Bench
  • HON'BLE MR. JUSTICE D.P. WADHWA
  • HON'BLE MR. JUSTICE SUJATA V. MANOHAR
Eq Citations
  • AIR 1999 SC 706
  • (1998) 5 SCC 332
  • 1 (1999) ACC 16
  • JT 1998 (6) SC 80
  • LQ/SC/1998/447
Head Note

Torts Act, 1965 — Ss. 11, 12 and 14 — Fatal accident — Compensation — Circulars — New circular increasing compensation amount — Application made after new circular came into force — Held, appellant should have been granted benefit of new circular — Compensation — Fatal accident — Compensation — Circulars