IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 LA.App..No. 505 of 2003() ------------------------- LAR.94/1998 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): CLAIMANT: ----------------------- 1. KIZHAKKEPATTU GOWRI AMMA (DIED), SUPPL. CLAIMANT. 2. PADMAVATHY, D/O. LATE GOWRI AMMA, AGED 65 YEARS, THIRUVELLY BHAVAN, MADAKKIMALA P.O. MUTTIL NORTH AMSOM, VYTHIRI TALUK. BY ADV. SRI.PHILIP MATHEW RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, WAYANAD, KALPETTA. 2. SPECIAL TAHSILDAR, L.A. (ADDL.), KRP & BSIP, KALPETTA. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.505 OF 2003 ------------------------ Dated this the 19 th day of February, 2010 JUDGMENT Pius C.Kuriakose, J. By our order dated 16/2/2010, we noticed merit in the submissions of Sri.Philip Mathew, learned counsel for the appellants, that the proper multiplier to be adopted was 12 and not 10 which was adopted by the court below. As directed by us, Sri.Philip Mathew has submitted his statement regarding compensation adopting multiplier of 12. 2. We have gone through the statement. We are convinced that the same is correct. On the basis of that statement, the appellants will be entitled for a further compensation of Rs.28,923.86. We award the above amount to the appellants. 3. Sri.Philip Mathew once again submitted that compensation should be awarded for the unacquired property of the appellants for injurious affection. But, we are not inclined to entertain this request since we notice that this particular claim for compensation for injurious affection has not been separately valued and claimed in the memorandum of appeal. LAA.No.505/2003 2 4. The appeal will stand allowed to the extent of granting compensation of Rs.28,923/- which we round off to Rs. 29,000/-. It is needless to mention that the appellants will be entitled for all statutory benefits on this amount admissible under Section 23 (2) 23(1A) and 28 of the Act. The appeal will stand allowed to the above extent, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk LAA.No.505/2003 3 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.505 OF 2003 ------------------------ JUDGMENT 19th February,2010