STATE OF KARNATAKA Vs. SIDDAIAH

JUDGEMENT

(1.) The respondent Siddaiah is a poor person belonging to a downtrodden class of community. His daughter Biaramma was studying in Xth standard as a boarder in a Government School. On 7-1-1991 she died an unnatural death. Probably it was a case of food poisoning in the hostel mess. The respondent filed a civil writ petition before the High Court of Karnataka seeking compensation for the death of his daughter and also grant of 10 acres of land out of Survey No. 78 of village Doddakallu Balu. In Kanakpura Taluk. The State of Karnataka disputed the entitlement of the respondent to seek compensation and grant of land putting in issue the cause of death of Bairamma and the liability of the State to compensate in the manner claimed by the respondent. The High Court thought that the matter was fit to be adjudicated in the Civil Court. However, by time the writ petition came up for hearing, the limitation for filing the civil suit had expired. The learned single Judge of the High Court directed the matter to be referred to Arbitration of a local Advocate whose name was agreed upon by both the parties.

(2.) The Arbitration proceedings concluded by an award dated 3rd May, 1999. The award was filed by the Arbitrator in the High Court for making it a rule of the Court. The learned Arbitrator directed a sum of Rs. 1,50,000/-, with interest calculated at the rate of 10% per annum from 18-3-1992, the date of filing of writ petition, till the date of payment, to be paid by appellant State to respondent. The award also directed 4 acres of agricultural land out of 14.05 acres area of land comprised in Survey No. 78 of Village Doddakallu Balu to be allotted to the respondent free of cost subject to his remaining restrained from making an alienation or encumbering the same for a period of 10-15 years as may be deemed just and reasonable by the allotting authority. Cost were also directed to be paid by the appellant to the respondent.

(3.) Objections to the award being made a rule of Court were preferred by the appellant before the High Court. However, the High Court has by its impugned judgment overruled the objections and directed the award to be made a rule of Court followed by a decree to be drawn in terms of the award. The aggrieved State has filed this petition seeking special leave to appeal.