The petitioner challenged an award by the Permanent Lok Adalat fixing compensation for crop damage due to an electrical accident. The High Court found no sufficient evidence to support a claim for enhancement beyond the awarded amount and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:8266 WP No. 109903 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 109903 OF 2015 (GM-RES)
BETWEEN:
SHRI TAMMANNAGOUDA S/O. GOUDAPPA PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: YABARATTI, TQ: RAIBAG, DIST: BELAGAVI.
…PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH
…RESPONDENTS
(BY SRI. S.N. YARAGUPPI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, TO QUASH AND MODIFYING THE JUDGMENT AND AWARD DATED:18.05.2015 PASSED BY PERMANENT LOK-ADALAT, BELAGAVI IN O.P.NO.60/2013 AT ANNEXURE-A, BY AWARDING THE AMOUNT CLAIMED IN THE CLAIM PETITION.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed assailing the judgment
and award passed by the permanent Lok Adalat, Belagavi (Tribunal) in O.P.No.60/2013.
The present petitioner along with his brother in O.P.No.61/2013 filed a petition alleging that on account of electrical accident dated 24.04.2013, petitioner’s standing sugarcane crops was seriously damaged and has incurred a loss and hence, filed a claim petition.
present petitioner along with his brother have fabricated the documents in collusion with police and revenue officials.
side and therefore, warrants interference at the hands of this Court.
while giving statement vide Ex.P-5 has also claimed that his brother i.e., petitioner in connected petition bearing W.P.No.109902/2015 has also incurred loss to the tune of Rs.1,20,000/-. The statement at Ex.P-5 clearly clinches the issue. In Ex.P-5, the lands owned by the present petitioner and his brother are indicated in the said statement. Petitioner’s brother owns 2 acres 11 guntas, while petitioner owns 2 acres 7 guntas. Therefore, even if the total claim of Rs.2,50,000/- is divided in two parts, petitioner’s claim was Rs.1,20,000/-.
to substantiate as to how petitioner is entitled for compensation in excess of Rs.1,20,000/-. Therefore, this
Court is of the view that there is no sufficient evidence which would entitle the petitioner to seek enhancement.
ORDER
The writ petition is dismissed.
Sd/JUDGE
CA
List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the compensation awarded by the Permanent Lok Adalat warrants enhancement on the grounds that it is on the lower side?
1 provisions across 1 enactments
Shri Tammannagouda S/o. Goudappa Patil
Asst. Executive Engineer (Elec), O & M Division, HESCOM, Harugeri
The Executive Engineer (Elec), O & M Division, HESCOM, Harugeri
The Superintendent Engineer (Elec), O & M Division, HESCOM, Chikodi
The Managing Director, HESCOM
The Section Officer, HESCOM, Tq: Raibag
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
