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1961 Supreme(HP) 5

C.B.CAPOOR
Collector, Bilaspur – Appellant
Versus
Smt. Janki Devi – Respondent


Advocates:
R.N. Malhotra, for Appellant; H.C. Anand, for Respondent.

JUDGMENT :- This appeal by the Collector, Bilaspur is directed against an order of Shri Chet Ram the learned Additional District Judge Bilaspur, whereby on a reference under S. 18 of the Land Acquisition Act the respondent was awarded a sum of Rs. 540/- as compensation for loss of earnings.

2. No compensation was awarded to the respondent by the learned Collector. The learned Additional District Judge determined the net monthly income of the respondent at Rs. 45/- and awarded such income for a period of one year as compensation.

3. The first contention that has been urged on behalf of the appellant is that the learned Court erred in fixing the income of the respondent at Rs. 3/- per day and in support of that contention reliance was placed upon the statement made by the respondent herself to the effect that her daily income varied from Rs. 2/- to Rs. 2/8/-. There is no doubt that in the face of the aforesaid statement the learned Court should not have determined the daily income of the respondent at Rs. 3/-per day. I assess the same at Rs. 2/- per day.

4. It was next contended on behalf of the appellant that as was done by the lower Court, it sum of Rs. 1/8/- on account of daily wages











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