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1981 Supreme(Ker) 159

U.L.BHAT, P.SUBRAMONIAN POTI, GEORGE VADAKKEL
K. S. E. BOARD – Appellant
Versus
MARTHOMA RUBBER CO. LTD – Respondent


Judgment :-

1. A question of some general importance arises for decision in these petitions. These are revisions by the Kerala State Electricity Board against orders passed in various petitions filed under S.10 and 16 of the Indian Telegraph Act, 1885 before the District Courts. The courts below have evidently followed the decision of this Court in Electricity Board v. Thomas, 1961 KLT. 238, and have determined compensation in the manner it was determined in that decision. The Division Bench is that case considered the question of the proper rule for determining compensation and laid down the principle that compensation payable is to be the present value of an annuity which yields a fair return at the rate of 5 per cent per annum. That the appropriate rule to be applied for determining compensation is that of determining the present value of an annuity yielding fair return is not a matter in controversy. But such fair return was taken as 5% when the Division Bench rendered the decision in 1961. One of us, Justice Poti, had occasion to consider this question recently in K S.F. Board v Williams, 1981 KLT. 95. It was noticed in that case that today fair return, noticing the relevant e

































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