LAWS(KER)-2009-1-35

K S E B Vs. KUTTUKKAN UMMERKUTTY

Decided On January 01, 2009
K S E B Appellant
V/S
KUTTUKKAN UMMERKUTTY Respondents

JUDGEMENT

(1.) THIS Civil revision Petition is filed against the order in O. P. No. 457/1999 on the file of the Additional District judge, Thalassery. The revision petitioner relying on the decision reported in K. S. E. B. v. Livisha, 2007 (3) K. L. T. 1 (SC) requests this Court to redetermine the compensation in accordance with the principles laid down in the said decision. In paragraphs 11 and 12 of the above judgment, the Supreme Court held as follows:

(2.) COUNSEL on both sides submitted that the matter requires reconsideration on the basis of the Supreme Court decision and requested to afford an opportunity to adduce additional evidence to substantiate their contentions in the light of the said Supreme Court decision.

(3.) IN the light of the said decision of the Supreme Court, the matter has to be reconsidered by the court below and an opportunity has to be given to both sides to adduce evidence to establish proper compensation payable in the case and determination of the said fact is necessitated on the basis of the principles laid down by the Supreme court.