Allowed

Power Grid Corporation of India Ltd. v. Sheeba Kurian

Kerala HC25 Jul 2008CRP/279/2007

Case brief

AI extract

What is this about?

The Court allowed two civil revision petitions challenging an award that granted enhanced compensation based on Kumba Amma v. KSEB. Relying on the Supreme Court's decision in Livisha v. KSEB which modified the earlier precedent, the Court set aside the award and remanded the matter to the District Court for fresh disposal.

What did the court decide?

The award dated 31.10.2006 is set aside; the petition is remitted to the District Court for fresh disposal.

Power Grid Corporation of India Ltd. Vs… — Contract and Commercial Disputes | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M. SASIDHARAN NAMBIAR

¶4

FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 C.R.P.No. 279 of 2007(B)

¶5

---------------------

¶6

AGAINST THE ORDER DATED 31/10/2006 IN OP(ELE) NO.56/2003 OF ADDL. DISTRICT COURT, PATHANAMTHITTA

¶7

REVISION PETITIONER/ 1ST RESPONDENT: ------------------------------------

¶8

POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS MANAGER.

¶9

BY ADV. SRI.M.A.SHAFIK

¶10

RESPONDENT/PETITIONER : ----------------------

¶11

SMT.SHEEBA KURIEN AGED 37 YEARS, W/O K.P.KURIEN, OTHUKUZHI REHABETH VILLA, PERINGARA VILLAGE, MEPRA P.O., THIRUVALLA TALUK.

¶12

BY ADV. SRI.J.OM PRAKASH

¶13

THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/07/2008 ALONG WITH C.R.P NO. 435 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

scm

¶15

M.SASIDHARAN NAMBIAR, J.

¶16

C.R.P.Nos.279 & 435 of 2007

¶17

Dated this the 25^th July, 2008.

¶18

O R D E R

¶19

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.

¶20

As it is the common award which is challenged in

¶21

both the revisions and that too by both the parties, learned counsel for both sides were heard at the admission stage itself.

¶22

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.

¶23

CRP.Nos.279 & 435 of 2007

¶24

¶25

may also be remanded.

¶26

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.

¶27

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.

¶28

M.SASIDHARAN NAMBIAR, JUDGE

¶29

nj.

Power Grid Corporation of India Ltd. v. Sheeba Kurian

Case brief

What is this about?

What did the court decide?

Power Grid Corporation of India Ltd. v. Sheeba Kurian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Narayanan Nair Vs Usha Kumari

K.P.Anil Kumar Vs the Secretary, Kerala Khadi Grama

N.K.Radhakrishnan Vs Leelamma

Ammini Vs Aleyamma

Anilkumar Vs Power Grid Corpn.of India Ltd.

C.Sreemathy Vs the Taluk Land Board