JOSHUA DANIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is before this Court complaining on the inadequacy of the compensation ordered, as per Ext. P3 dated 04.01.2011, whereby a total sum of Rs.11409/- was awarded , which, according to the petitioner is abysmally low and that the petitioner has actually sustained a loss of nearly Rs.30,00,000/- because of the damage sustained to the crop due to wild elephants' attack.

(2.) THE second respondent has filed a counter affidavit pointing out the actual facts and figures, specifically contending that the benefits payable in such situation are governed by Ext.R2(a) Government Order, providing for compensation in tune with the Kerala Rules for payment of Compensation to the victims of attack by wild animals, 1980, which prescribes that the compensation to be paid to the loss or damage to property (such as houses/huts, crops, cattle etc ) shall be 100% of the loss assessed; subject to a maximum of Rs.50,000/- in each case. It has also been categorically stated in paragraph 3 of the counter affidavit that, as per the assessment of the Agricultural Officer, the number of Coconut palms bearing nuts were 29 Nos., Arecanut Palms 35 Nos, Banana bunched-12 Nos., Banana unbunched 32 Nos, and non-bearing Arecanut 15 Nos., whereas the claim of the applicant is a much inflated one, showing the number of coconut palms as 100 Nos., Arecanut palms 200 Nos., and Banana 2000 Nos.