THOTA SAYYED Vs. UNION OF INDIA

JUDGEMENT

(1.) The above appeal challenges the judgment and decree dated 28.04.2009 whereby the suit filed by the appellants was partly decreed and the respondents were directed to pay a sum of Rs.52,00,000/- to the appellants after deducting a sum of Rs.30,00,000/- which were already received by the appellants.

(2.) Briefly, the facts of the case are that in view of an air crash on a new residential bungalow constructed by the appellants, a Writ Petition was filed before this Court inter-alia claiming compensation for the damages sustained by the appellants. In the said proceedings, the learned Mamlatdar filed a report inter-alia assessing the damages sustained by the appellants on account of the air crash which destructed the new residential house as well as the fixtures and accessories therein at a sum of Rs.52,00,000/-.

(3.) Mr. V. A. Lawande, learned counsel appearing for the appellants has pointed out that a brand new residential house which was constructed by the appellants after lot of expenses had crumbled on account of air crash of the air craft of the respondents. The learned counsel further pointed out that once it is established that the air crash has caused damages to the appellants, the respondents are liable to pay to the appellants all the damages and expenses incurred by the appellants on account of such accident. The learned counsel further pointed out that the house was already ready for occupation and that all the fixtures and fittings were already put in the new house. The learned counsel further pointed out that the appellants have filed a Writ Petition before this Court bearing Writ Petition No. 311 of 2005 claiming compensation on account of damages sustained by the appellants due to the air crash. The learned counsel further submits that this Court has directed the Mamlatdar to assess the value of the bungalow as well as the fixtures and fittings therein.