GOKUL Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) THERE above mentioned special appeals are directed against the judgment of the learned Single Judge dated 6. 8. 2001 passed in S. B. Civil Misc. Appeal No. 571 of 1999 along with 69 other connected appeals mentioned in the schedule `a' annexed with the judgment, whereby, the learned Single Judge has allowed the appeals holding that the claimants are not entitled to claim solatium and the additional amount of 12 percent per annum as awarded by the learned Civil Judge (Sr. Division), Chittorgarh Reference Court vide its judgment dated 13. 7. 1998 along with applications under Sec. 5 of the Limitation Act for condonation of delay in filing the appeals. Later on, the delay was condoned vide order dated 2. 7. 2003 by this Court.

(2.) SINCE common questions of fact and law are involved in the aforesaid appeals, therefore, these appeals are finally heard together and are disposed of by a common judgment for the sake of convenience.

(3.) THEREFORE the matters were referred to the Civil Court under Sec. 18 of the said Act to the Reference Court Civil Judge (Sr. Division), Chittorgarh. The learned reference court after concluding the proceedings vide order dated 13. 7. 98 held that amount of solatium and additional amount are not included in the amount agreed upon in the compromise Ex. A/1 the basis of award. hence the learned reference court Civil Judge (Sr. Div.) Chittorgarh held the the agriculturist-claimants are entitled to the amount 30 percent solatium and an additional amount at the rate of 12 percent per annum. Thereafter, by separate order dated 9. 10. 98, the learned reference court determined the amount for each claimant.