IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 279 of 2007()
1. POWER GRID CORPORATION OF INDIA LTD.,
... Petitioner
Vs
1. SMT.SHEEBA KURIEN AGED 37 YEARS,
... Respondent
For Petitioner :SRI.M.A.SHAFIK
For Respondent :SRI.J.OM PRAKASH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
-------------------------------
C.R.P.Nos.279 & 435 of 2007
-------------------------------
Dated this the 25th July, 2008.
O R D E R
The claimant-petitioner in O.P.(ELE) No.56 of 2003, on
the file of Additional District Court, Patanamthitta, has filed
CRP.No.435 of 2007 and the respondent Power Grid Corporation in
that case filed CRP.No.279 of 2007, challenging the enhanced
compensation granted by learned Additional District Judge, as per
award dated 31.10.2006.
2. As it is the common award which is challenged in
both the revisions and that too by both the parties, learned counsel
for both sides were heard at the admission stage itself.
3. The learned counsel appearing for the petitioner and
the Power Grid Corporation submitted that learned District Judge has
granted enhanced compensation solely based on Kumba Amma v.
KSEB (2000 (1) KLT 542), which was subsequently modified by the
Apex Court in Livisha v. KSEB (2007 (3) KLT 1) and similar cases are
remanded to the District Court for reconsideration and so the O.P.
CRP.Nos.279 & 435 of 2007
2
may also be remanded.
4. As District Court has granted enhanced compensation
solely based on Kumba Amma’s case, in view of the later decision in
Livisha’s case, the award dated 31.10.2006 is to be set aside, and the
petition is to be remitted to the District Court for fresh disposal, in
accordance with law.
Hence, both the revision petitions are allowed. O.P.
(ELE) No.56 of 2003 is set aside and the O.P. is remanded to the
District Court, Patanamthitta, for fresh disposal, in accordance with
law, in the light of the decision of the Apex court in Livisha’s case
(supra). Parties are entitled to adduce further evidence.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.