IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 CRP.No. 944 of 2002() --------------------- (OP (ELE) 71/98 OF ADDITIONAL DISTRICT COURT, THODUPUZHA) REVN. PETITIONER: PETITIONER IN O.P(ELE) NO.71/98: -------------------------------------------------- THANKAPPAN, S/O.DAMODHARAN, VALLOMKULATH HOUSE, KANJIKKUZHI P.O., KANJIKKUZHI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.JOSEPH PUNNOOSE RESPONDENT: RESPONDENT: ------------------------ KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT'S SECRETARY, K.S.E.B., THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 944 OF 2002 --------------------- Dated this the 26thday of February, 2008 ORDER This revision petition is preferred against the award of the Additional District Judge, Thodupuzha, in OP (Ele) 71/98. By the said award, the Tribunal has awarded a compensation of Rs.8792. It is against that decision the present revision petition has been filed. 2. I had gone through the award. It is seen that four rubber trees, three pepper wines and one mango tree had been removed from the property. The rubber tree is aged between 12 to 19 years, pepper wines between 4 to 10 years and mango tree aged 18 years. The court below calculated the value of the rubber tree at Rs.30/- per Kg., pepper wines at Rs. 65.65/- per Kg. and mango at 0.25 ps. only. The court deducted 35% for rubber and 25% for the other trees. It applied the multiplier of 10 for rubber, 10 for pepper wines and 15 for mango tree. 3. I feel the total compensation awarded for rubber trees is inadequate since it has only granted an amount of Rs.2,730/-. Taking into consideration the age of the trees, its potentials, I feel C.R.P No.944/02 2 this is a fit case where the court should have given atleast Rs.5,000/- as the minimum compensation for the rubber trees. So also the court has only granted an amount of Rs.281 for a twelve year old mango tree. It has to be borne in mind that the mango tree longs last and as age progresses, its utility and potential increases. Considering those aspects, the court should have granted atleast an amount of Rs.1,000/- instead of Rs.281/-. Therefore the enhanced compensation will come to Rs. 3,089/- which I rounded up as Rs.3,100/-. The court has awarded interest at the rate of 10%, which appears to be just and reasonable. Therefore, I modify the award as follows. The claimant is awarded a total compensation of Rs. 11,892/- with 10% interest from the date of petition till realisation. In other words, the petitioner is awarded an enhanced compensation of Rs.3,100/- more. With the usual terms embodied in the award, the civil revision petition is disposed of. M.N.KRISHNAN, JUDGE C.R.P No.944/02 3 vps