Chhattisgarh State Power ... vs Smt. Pushpa Panda
2021 Latest Caselaw 3601 Chatt

                                                   1

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                        FA No. 64 of 2021
         Chhattisgarh State Power Distribution Company Limited,O& M Division,
            Mahasamund & Another Versus Smt. Pushpa Panda & Others



09.12.2021         Mr. B. D. Guru, Advocate for the appellant.

                   Mr. Aditiya Sharma, P. L. for the State.

                   Heard.

                   This is first appeal assailing the judgment and decree passed by the District
             Judge, Mahasamund passed in Civil Suit No. H-01B/2018 by which the learned
             District Judge, Mahasamund, Chhattisgarh has partly allowed the suit of the
             claimant/respondent and directed the appellant to pay Rs. 9,36,250/- as

compensation along-with 9% interest from the date of judgment till its actual payment.

Learned counsel for the appellant would submit that the finding recorded by the learned trial Court that no negligence has been established on the part of the Electricity Board, Mahasamund still the direction for compensation has been granted in favour of the claimant which is prima facie illegal. Therefore, the appeal is arguable and is admitted for hearing.

Also heard on I. A. No. 01/2021, application for staying the effect and operation of judgment and decree dated 13.03.2020.

On due consideration, the I. A. No. 01/2021 is allowed. On deposing the amount of 50% of the awarded amount alongwith interest @ 9% within three weeks before the learned District Judge, Mahasamund, Chhattisgarh, the Effect & operation of the impugned order dated 13.03.2020 shall remain stayed till the next date of

hearing.

Issue notice to the respondent Nos. 1 to 5 on payment of PF by ordinary mode as well as by registered post.

List this Case on 17th of February, 2022.

Sd/-

(Narendra Kumar Vyas) Judge

Amita