Supreme Court of India
Malliga And Anr. vs Thiruvalluvar Tpt. Corporation on 27 August, 1998
Equivalent citations: 2002ACJ343, (2000)10SCC532, AIRONLINE 1998 SC 139, 2000 (10) SCC 532, 2001 SCC (CRI) 1509, (2002) 1 ACJ 343
Bench: K. Venkataswami, A.P. Misra
ORDER
1. This Court, while granting leave by order dated 23-8-1996, limited the scope regarding question of restoring the amount of compensation granted initially by the Tribunal.
2. The husband of the first appellant and the father of the second appellant died in an accident, which took place on 15-6-1987. He was employed as an Assistant Engineer in the Tamil Nadu Water and Drainage Board's Research Office of the General Sanitary Engineering Department, Tirunelveli. The appellants claimed a sum of Rs 15,00,000 as compensation for the death of their breadwinner. In support of their claim, apart from furnishing the salary certificate and other documents to show future increase in the salary and other things, the appellants filed two Exhibits -- P-7 and P-8 to show that the deceased had a confirmed foreign assignment which would fetch not less than Rs 36,000 a month at that time. These two documents were noticed both by the trial court and by the High Court. The trial court, after noticing the foreign assignment the deceased had got from the United States, was of the view that if the compensation has to be worked out on that basis, it would come to Rs 36,00,000 and that amount being excessive, it may not be proper for it to grant such a huge amount. Otherwise, the Tribunal has found those two documents as genuine and bona fide. The Tribunal, after assessing the pros and cons, awarded a sum of Rs 7,50,000 towards compensation with interest at 12% from the date of filing of the petition till the date of payment.
3. Aggrieved by the award of the Tribunal, both the respondent and the appellants preferred an appeal and cross-objections before the High Court. The Division Bench of the Madras High Court, while considering the appeal and cross-objections, found that the appellants had not established that, pursuant to the offer of the foreign assignment, any firm order was received. This is what the High Court has observed, which is as follows:
"With regard to the foreign assignment, as spoken of by PW 1 on the basis of Exts. P-7 and P-8, we are in entire agreement with the conclusion of the Tribunal. Ext. P-7 is dated 14-1-1987. It is highly doubtful that after receipt bf an order for employment in a concern at U.S.A., why the deceased had not taken any immediate steps for joining the foreign assignment. The only reason given by PW 1 was that in order to secure proper education for her daughter, her husband had to postpone his trip. Nothing prevented the wife to get a further letter or confirmation even after the death of her husband with regard to the foreign assignment from the said East-West Designs, Florida, U.S.A., in order to strengthen her case. In the absence of clinching evidence to prove that there was an order for foreign employment, we are unable to accept the oral evidence of PW 1 in this regard. Hence, we are unable to accept the arguments advanced by the learned counsel for the cross-objector for enhancement of the compensation."
4. Assailing the above conclusion, learned counsel appearing for the appellants brought to our notice the contents of Exhibit P-8. The High Court referred to Exhibit P-8 but failed to note the contents and the effect of it. Exhibit P-8 dated 8-4-1997 was to the effect that the foreign employer had informed the deceased that his visa will be made ready within four to six weeks and they expected the deceased to join the firm around June or July 1987. As noticed earlier, the genuineness of the document was not doubted either by the Tribunal or by the High Court.
5. Exhibit P-8 reads as follows:
"EAST WEST DESIGNS 7011 GRAND NATIONAL DR. SUITE 102, ORLANDO, FLORIDA 32819.
305/352-9383.
April 8, 1987 Mr Rangarajan Sukumar C/o 41-D High Road, Tirunelveli, Tamil Nadu 627 001 India Dear Rangarajan, I received your letter and I am really happy to inform you that your visa papers should be in Madras within 4 to 6 weeks. Hopefully, we expect you to join us around June or July. Please let us know if we can be of any assistance to you. In regard to your daughter's school, it starts in September and we are sure you will be here before the new school starts. Thank you, Sincerely Yours, Carter Shan Vice-President."
6. In the light of this document (Exhibit P-8) dated 8-4-1997, the reasoning given by the High Court that the deceased had not taken immediate steps after receipt of Exhibit P-7 dated 14-1-1987, cannot be sustained.
7. After going through the award of the Tribunal and the judgment of the High Court, we are of the view that the Tribunal has fairly assessed the compensation and awarded Rs 7,50,000 and the High Court, on a wrong appreciation/understanding of Exhibits P-7 and P-8, reduced the award given by the Tribunal by Rs 2,00,000 which, in our view, cannot be sustained.
8. Accordingly, the appeal is allowed and the compensation awarded by the Tribunal in the sum of Rs 7,50,000 with interest at 12% from the date of the application is restored. No costs.