KEERAPALAYAM PANCHAYAT UNION Vs. AKILA

JUDGEMENT

(1.) The first respondent minor girl aged 8 years suffered serious burn injuries on 06.03.1998 when, according to her boiling tar came into contact with exposed skin when she was on road, that accident having occurred by reason of the alleged negligence on the part of the employee of the appellant Panchayat Union. She through her natural guardian filed a writ petition claiming compensation. In that petition, the learned single Judge appointed an arbitrator to assess the amount of compensation payable. That order was challenged by the Panchayat Union by way of an appeal. The Division Bench confirmed the appointment of arbitrator. That order was made on 29.09.1999.

(2.) Thereafter the arbitrator appointed by the Court who was a retired District Judge received the claim petition, counter affidavit filed by the Panchayat Union and recorded evidence of witnesses for the claimant as also for the Panchayat Union. At the conclusion of his enquiry he assessed the amount payable to the claimant at Rs.1,50,000/- together with interest at the rate of 12% from the date of the writ petition.

(3.) After that award was filed into this Court objections were filed by the Panchayat Union. The writ petition that had been closed with the appointment of arbitrator, was taken up once again and further order made in terms of the award with the modification that the interest was directed to be paid from the date of the award.