Satpal and Another Vs. Ram Kishan and Others

Satpal and Another vs Ram Kishan and Others

Type Court Judgment Court Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula Decided Apr 24, 2014

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Citation: sooperkanoon.com/1148331
Court: Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
Judge: Nawab Singh, President, the Honourable Mr. B.M. Bedi, Judicial Member &Amp; the Honourable Mrs. Urvashi Agnihotri, Member
Decided On: Apr 24, 2014
Case Number: First Appeal No. 60 of 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Satpal and Another

Respondent

Ram Kishan and Others

Excerpt

.....on the same day. f.i.r. no.32 dated march 22nd, 2007 was also recorded in the police station kalayat, under section 304-a i.p.c against the officials of the electricity department. 3. in their complaint by the parents of the deceased, it was stated that he died due to the negligence of the electricity department. 4. the complainants filed complaint before the district forum, under section 12 of the consumer protection act, 1986. 5. after evaluating the evidence of the parties, the district forum allowed the complaint by granting following relief:- œ¦¦.we allow the complaint and direct the ops to pay rs.1,00,000/- to the complainants within 30 days from the communication of this order, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of filing this complaint till its realization and further to pay rs.2200/- as compensation for harassment, mental agony and cost of litigation charges. all the ops are jointly and severally liable to pay the amount to the complainants.? 6. dissatisfied with the compensation awarded by the district forum, the complainants have come up in appeal. 7. the age of the deceased at the time of his death was 18 years. the appellants have lost their young son. taking into consideration their economic state of condition and the age of the deceased etc, it will be just and fair to enhance the compensation from rs.1.00 lac to rs.3.00 lacs and is ordered accordingly. 8. in view of above, compensation awarded by the district forum is modified to the extent that the appellants are held entitled to total compensation of rs.3,00,000/-. interest at the rate of 9% shall be paid on the enhanced amount of rs.2,00,000/- from the date of filing of complaint till its realization. 9. the impugned order is modified to the extent indicated above and the appeal stands disposed of.

Full Judgment

Nawab Singh, President (Oral):

1. Satpal and his wife Smt. Kamla Devi“complainants (appellants herein) filed the present appeal against the order dated December 23^rd, 2013, passed by the District Consumer Disputes Redressal Forum (for short District Forum), Kaithal.

2. On March 22^nd, 2007, Salinder Singh (since deceased) aged 18 years, son of the appellants died due to electrocution. Postmortem Examination was conducted on the dead body of Salinder Singh on the same day. F.I.R. No.32 dated March 22^nd, 2007 was also recorded in the Police Station Kalayat, under Section 304-A I.P.C against the officials of the Electricity Department.

3. In their complaint by the parents of the deceased, it was stated that he died due to the negligence of the Electricity Department.

4. The complainants filed complaint before the District Forum, under Section 12 of the Consumer Protection Act, 1986.

5. After evaluating the evidence of the parties, the District Forum allowed the complaint by granting following relief:-

œ¦¦.we allow the complaint and direct the Ops to pay Rs.1,00,000/- to the complainants within 30 days from the communication of this order, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of filing this complaint till its realization and further to pay Rs.2200/- as compensation for harassment, mental agony and cost of litigation charges. All the Ops are jointly and severally liable to pay the amount to the complainants.?

6. Dissatisfied with the compensation awarded by the District Forum, the complainants have come up in appeal.

7. The age of the deceased at the time of his death was 18 years. The appellants have lost their young son. Taking into consideration their economic state of condition and the age of the deceased etc, it will be just and fair to enhance the compensation from Rs.1.00 lac to Rs.3.00 lacs and is ordered accordingly.

8. In view of above, compensation awarded by the District Forum is modified to the extent that the appellants are held entitled to total compensation of Rs.3,00,000/-. Interest at the rate of 9% shall be paid on the enhanced amount of Rs.2,00,000/- from the date of filing of complaint till its realization.

9. The impugned order is modified to the extent indicated above and the appeal stands disposed of.

Same Court & Year Haryana State Consumer Disputes Redressal Commission SCDRC Pa... Same Parties Satpal and Another vs Ram Kishan and Others Same Subject Land Acquisition Same Judge Nawab Singh, President, the Honourable Mr. B.M. Bedi, Judicia...