IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No. 368 of 2006() --------------------- ELEOP.246/2001 of ADDL. DISTRICT COURT,THODUPUZHA .................... REVN. PETITIONER/ RESPONDENT IN OP ------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADVS. SRI.K.S.ANIL, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/PETITIONER IN OP ------------------------------- P.K.CHANDRAVALLY AMMA, W/O.NARAYANAN, THAZHATHUMANAKKAL HOUSE, MUTTOM VILLAGE, THODUPUZHA TALUK. ADV. SRI.JOSEPH PUNNOOSE FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO.1594 OF 2006 IN C.R.P. NO. 368 OF 2006. DISMISSED 3.10.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 368 OF 2006 -------------------------------------------- Dated this the 3rd day of October, 2008 O R D E R The Kerala State Electricity Board (hereinafter referred to as "the Board") is the revision petitioner. The order dated 16.10.2003 in O.P. (Ele.) No. 246 of 2001 on the file of the Additional District Court, Thodupuzha is under challenge in this revision petition. The respondent herein who is the claimant filed the above Original Petition claiming enhancement of compensation for the improvements cut and removed by the Board and also for diminution in land value on account of the drawing of 11 KV electric line through her property. The claim was partly allowed. The court below refixed the compensation at Rs.60,510/- and after deducting the amount already paid by the Board, an additional compensation of Rs.32,593/- with interest at the rate of 9% per annum was awarded. 2. The revision petitioner contended that the court below did not appreciate the evidence properly and that the additional compensation of C.R.P. NO.368/2006 2 Rs.32,593/- granted with interest at 9% per annum is excessive and exorbitant. According to the Board, the assessment of compensation at the rate fixed by the court below is wrong and there is no basis or data for granting the additional compensation. Learned Standing Counsel for the Board contended that the method of assessment and awarding compensation on the basis of annuity rate was strictly in accordance with law and the multiplier adopted by the Board for capitalization was correct and ought not to have been interfered with by the court below. It is also contended that the interest fixed by the court below is illegal and arbitrary. 3. In support of the claim for enhancement of compensation, the claimant herself was examined as PW.1. On the side of the Board, Ext.B1 was marked. The court below followed a consistent view and held that deduction made for coconut trees and rubber trees should be 40%. Relying on the decision of this Court reported in Kumba Amma v. K.S.E.B., 2000 (1) K.L.T. 542, the court below fixed the multiplier taking the rate of return as 5%. 4. On going through the award, I am of the that the consistent view followed by the court below in the case of deduction made for the trees and the multiplier adopted are fair and reasonable and the compensation C.R.P. NO.368/2006 3 fixed is adequate in the given circumstances. 5. Standing Counsel for the Board contended that the rate of interest fixed at 9% is too high considering the rate of interest prevalent at the time of passing the impugned award. This Court in a series of cases refixed the rate of interest at 7% per annum. Therefore, a modification in regard to the rate of interest alone is necessary. Accordingly, the award passed by the court below is confirmed with the modification that the said amount will carry interest at the rate of 7% per annum instead of 9% per annum. The Civil Revision Petition is allowed in part. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.368/2006 4 HAURN-UL-RASHID, J. C.R.P. NO. 368/2006 O R D E R 3rd October, 2008,