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D.DASH
Central Electricity Supply Utility of Odisha – Appellant
Versus
Damayanti Samal – Respondent


Advocate Appeared:
For the Appellant : M/s. B. Dash, P.K. Mohanty, N.C. Jena and A.K. Pandey
For the Respondent:M/s. B. Mohanty and Smt. R.N. Das (Advocates)

JUDGMENT :

D.Dash, J.

The Appellants, by filing this appeal, under section 100 of the Code of Civil Procedure (for short, ‘the Code’) have assailed the judgment and decree passed by the learned Additional District Judge, Salipur in RFA No. 50 of 2015 filed by the present Appellants being faced with a cross appeal from the side of the Respondent no. 1. By the said judgment, the lower appellate court while deciding the appeal as well as cross appeal having affirmed the finding of the learned Civil Judge (Senior Division) 2nd Court, Cuttack in CS (III) No. 27 of 2012 on the core issues such as framing of the suit and the negligence of the defendants incurring the liability to be saddled with the payment of compensation has however taken a view that the assessment of compensation as made by the trial court is on a lower side. Accordingly, the trial court having awarded compensation of Rs.5,50,300/- with interest at the rate of 6.5% per annum with effect from 27.09.2021 till payment as payable by the Appellants to the Respondent; lower appellate court has enhanced the compensation to Rs. 6,30,000/- with interest at the rate of 6% per annum with effect from 03.11.2012, the date of filing o

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