High Court Kerala High Court

Kerala State Electricity Board vs Sukumaran on 13 November, 2008

Kerala High Court
Kerala State Electricity Board vs Sukumaran on 13 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1091 of 2008()


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. SUKUMARAN, S/O.NARAYANAN,
                       ...       Respondent

2. HASSANKOYA HAJI,

3. M/S.UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI. ASOK M.CHERIYAN, SC, KSEB

                For Respondent  :SRI.T.G.RAJENDRAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :13/11/2008

 O R D E R
                     M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                M.A.C.A. NO. 1091 OF 2008
            = = = = = = = = = = = = = = =
       Dated this the 12th day of November, 2008.

                      J U D G M E N T

This appeal is preferred by the Kerala State Electricity

Board with respect to the damages sustained to one of the

electric posts in a road accident. They had claimed a total

amount of Rs.14,635/- of which Rs.10,000/- has been

awarded by the Tribunal. It is against that decision, the

K.S.E.B. has come in appeal.

2. Heard the counsel appearing for all sides. The

document relied on by the K.S.E.B. is a self-serving

document prepared by one of its officers and even if it is

acceptable the total cost including labour charges and

conveyance allowance will come to Rs.13,331/-. They have

claimed 21% departmental charges which I am not inclined

to allow at all. So deducting Rs.1,500/- from Rs.13,331/-

the claimant will be entitled to an additional amount of

Rs.11,833/- out of which Rs.10,000/- has been awarded. So

the K.S.E.B. is entitled to an additional amount of

Rs.1,833/-.

M.A.C.A. 1091 OF 2008
-:2:-

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.1,833/- with 9% interest on the said sum from the date of

petition till realisation.

M.N. KRISHNAN, JUDGE.

ul/-