Citation : 2023 Latest Caselaw 7816 Kant
Judgement Date : 18 November, 2023
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NC: 2023:KHC-D:13468
WP No. 106311 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 106311 OF 2015 (GM-RES)
BETWEEN:
SMT. UMA SHIVAPPA ANGADI,
AGE: 35 YEARS, OCC: AGRICULTURE &
HOUSEHOLD WORK,
R/O: BATAKURKI, TQ: RAMDURG,
NOW AT: RAMDURG, DIST: BELAGAVI.
...PETITIONER
(BY SRI R.K. KULKARNI, ADVOCATE)
AND:
1. THE ASSISTANT EXECUTIVE ENGINEER (ELE),
O & M DIVISION, HESCOM, RAMDURG,
TQ: RAMDURG, DIST: BELAGAVI.
2. THE MANAGING DIRECTOR,
HESCOM, EUREKHA TOWER,
HUBLI, DIST: DHARWAD.
3. SECTION OFFICER,
HESCOM, KATAKOL,
TQ: RAMDURG, DIST: BELAGAVI.
ROHAN ...RESPONDENTS
HADIMANI
T (BY SRI B.S. KAMATE, ADVOCATE)
Digitally
signed by THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
ROHAN
HADIMANI OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
T NATURE OF CERTIORARI TO QUASH THE IMPUGNED JUDGMENT
DATED 27.09.2014 AND AWARD DATED 09.10.2014 IN
O.P.NO.109/2012, PASSED BY THE PERMANENT LOK ADALAT,
BELAGAVI, VIDE ANNEXURE-A. AND MODIFY THE JUDGMENT AND
AWARD BY ENHANCING THE COMPENSATION.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13468
WP No. 106311 of 2015
ORDER
Aggrieved by the order passed by the Permanent Lok
Adalat in O.P.No.109/2012 dated 27.09.2014, the
petitioner therein has preferred this writ petition.
2. Due to friction in high tension electric wires
passing above the lands of the petitioner, there was a
spark which resulted in portion of the sugarcane grown by
the petitioner being burnt. The accident happened due to
negligence on the part of the respondent-Authorities.
However, the petitioner supplied the sugarcane grown on
his land including the burnt sugarcane to the sugar
factory, wherein after verification it was found that about
25% of the sugarcane supplied was burnt, because of
which, he has been paid the rate at 75% for the sugarcane
supplied, by the factory. The said fact is not in dispute.
The Permanent Lok Adalat has calculated the
compensation payable to the petitioner to the remaining
25% and awarded a compensation of Rs.25,800/-, which
is said to have been paid by respondent-Authorities.
NC: 2023:KHC-D:13468 WP No. 106311 of 2015
3. The petitioner during the course of his
arguments or his pleadings has failed to demonstrate any
error in the order passed by the Permanent Lok Adalat.
4. For the aforementioned reasons, the writ
petition is hereby, dismissed.
Sd/-
JUDGE
RH
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