SUPREME COURT OF INDIA

Before:- Mrs. Sujata V. Manohar and D.P. Wadhwa, JJ.

Civil Appeal No. 2077 of 1998 (arising out of S.L.P. (C) No. 2962 of 1998). D/d. 7.4.1998.

Smt. Shashikalabai - Appellant

Versus

State of Maharashtra and another - Respondents

Fatal Accidents Act, 1855, Section 1A - Electrocution - Compensation - Deceased came into contact with live electric wire and died of shock - Compensation granted on basis of circular of Maharashtra State Electricity Board subsequently increased by a New Circular - Case of appellant not yet closed till the date of new circular coming into force - Claimant held entitled to benefit of additional compensation in view of new circular.

[Paras 2 and 3]

JUDGMENT

Leave granted.

2. In respect of the fatal accident to 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 No. 2 herein, dated 5-4-1979. Death occurred on 18-3-1991. However, there was correspondence between the appellant and the respondent 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 No. 2 shall pay interest @ 12% p.a. from the date of the impugned order of the High Court.

4. The appeal is allowed accordingly.

Appeal allowed.