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1982 Supreme(SC) 24

SUPREME COURT OF INDIA
A.Varadarajan : E.S.Venkataramiah : P.N.Bhagwati
Sukhbinder Kaur
Versus
Nirmolak Singh
Case No. : 217 of 1982
Date of Decision : 1/18/82

Headnote:

Constitution of India,1950 - Decretal - Present case and particularly in view of fact that bread earner of family is gone and widow and two minor children are reduced to a condition of helplessness and widow has to lead rest of her life alone and at mercy of her friends and relatives and taking into account earning capacity of deceased amount of awarded by way of compensation is not adequate and it should be enhanced – Held, Court are told that a sum of amount representing liability of insurers has already been deposited in court - Appellants will be at liberty to withdraw that amount - Balance out of the amount of will be paid by respondents appellants and if any amount has already been paid or deposited by respondents 1 to 3 in addition to amount of deposited by insurers same will be given credit for and balance of decretal amount will be paid by respondents 1 to 3 within two months from today and if it is not so paid it will carry interest at rate of per cent per annum – Order Accordingly

(1) WE are of the view that having regard to the facts and circumstances of the present case and particularly in view of the fact that the bread earner of the family is gone and the widow and two minor children are reduced to a condition of helplessness and the widow has to lead the rest of her life alone and at the mercy of her friends and relatives and taking into account the earning capacity of the deceased, the amount of Rs. 40,000.00 awarded by way of compensation is not adequate and it should be enhanced to Rs. 55,000.00.

(2) WE accordingly allow the appeal and order that a sum of Rs. 55,000.00 be paid to the appellants by way of compensation. We are told that a sum of Rs. 20,000.00, representing the liability of the insurers, has already been deposited in court. The appellants will be at liberty to withdraw that amount. The balance out of the amount of Rs. 55,000.00, will be paid by respondents 1 to 3 to the appellants and, if any amount has already been paid or deposited by respondents 1 to 3 in addition to the amount of Rs 20,000.00 deposited by the insurers, the same will be given credit for and the balance of the decretal amount will be paid by respondents 1 to 3 within two months from today and if it is not so paid, it will carry interest at the rate of 12 per cent per annum.

(3) THERE will be no order as to costs.

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