LAWS(KER)-2000-2-46

BABU Vs. KERALA STATE ELECTRICITY BOARD

Decided On February 02, 2000
BABU Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Of all these cases, CMC 123 of 1999 is not yet been admitted and service is complete in the other three cases. The common feature in these cases is that one and the same counsel was appearing for the different petitioners in the Electricity O. Ps. involved in these cases in the Addl. District Court, Parur and that the Kerala State Electricity Board is the respondent in all these cases. The contentions raised by the petitioners in all these cases is more or less similar and hence they are disposed of through a common order.

(2.) The petitioners' contention is that when the case came up before the Lok Adalath on 21.1.1998 the learned Addl. District Judge was also present to mediate and settle the cases and that when E. O. P. 40 of 1993 was taken up first the learned Judge unilaterally declared that awarding a sum of Rs. 10,000/- would be a reasonable compensation and that the client should not have been greedy. The imputation was objected to by the counsel and there ensured a verbal altercation. The trial Judge observed that he would not award any enhanced compensation on any of the matters moved by the counsel and also that all claims preferred by the counsel contained inflated and excessive claims. The case was adjourned with advice to the parties to settle the matter and the Judge also mentioned that if it was not settled, there will not be any enhancement at all.

(3.) When the matter was taken up again in another Adalath on 29.7.1999 a retired District Judge was presiding at the Adalath. He mentioned that there was no prospect of granting any enhanced compensation and consequently the case has come back to the regular Court. The petitioners apprehend that they would not get any enhanced compensation from the Judge concerned and it is in this background that the petitions for transfer are filed.