Union of India (Uoi) and anr. Vs. Manju G.S. and ors. - Court Judgment

Excerpt:

.....or the multiplicand having regard to the circumstances of the case and capitalising the multiplicand by an appropriate multiplier. the choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. in ascertaining this, regard should also be had to the fact that ultimately the capital sum should also be consumed up over the period for which the dependency is expected to last. deceased aged 43 years at time of accident and was hawker. multiplier of 10 and rate of interest @ 6% p.a. would be appropriate and not multiplier of 15 and interest rate @ 9% p.a. fixed by high court. compensation was determined at rs.2,00,000/- with interest at 6% p.a. .....effect from 1st may, 2005 and conduct examination without delay. the division bench dismissed the appeals preferred by the appellants.4. a bare perusal of the impugned orders show that the same are non- speaking, inasmuch as issues raised by the appellants were not at all considered by the division bench. in our view, where intricate issue like grant of approval to the colleges and/or courses was decided by the learned single judge, the division bench was obliged to decide the appeals on merits. the same having not been done, the impugned orders are liable to be set aside.5. the civil appeals are, accordingly, allowed, impugned orders are set aside and the matters are remitted to the high court to decide the appeals afresh after giving opportunity of hearing to the parties.

Judgment:

ORDER

1. Leave granted.

2. Heard learned Counsel for the parties.

3. These appeals are directed against orders dated 8th March and 15th March, 2007 passed by the Division Bench of the Kerala High Court in Writ Appeal Nos. 626/2007 and 507/2007 respectively, which were preferred by the appellants against common order dated 6.12.2006 passed by the learned Single Judge in Writ Petition Nos. 30169/2006 and 29770/2006. The learned Single Judge disposed of the writ petitions and directed the Central Government to reconsider all the applications filed by Government Homeo Colleges at Trivandrum and Kozhikode and grant approval with retrospective effect, in case it came to the conclusion that approval can be granted, and regularize courses already commenced by the two colleges. The learned Single Judge also directed Vice Chancellors of the Universities to grant affiliation to the two courses with retrospective effect from 1st May, 2005 and conduct examination without delay. The Division Bench dismissed the appeals preferred by the appellants.

4. A bare perusal of the impugned orders show that the same are non- speaking, inasmuch as issues raised by the appellants were not at all considered by the Division Bench. In our view, where intricate issue like grant of approval to the colleges and/or courses was decided by the learned Single Judge, the Division Bench was obliged to decide the appeals on merits. The same having not been done, the impugned orders are liable to be set aside.

5. The civil appeals are, accordingly, allowed, impugned orders are set aside and the matters are remitted to the High Court to decide the appeals afresh after giving opportunity of hearing to the parties.