TMI Blog2018 (6) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant had accepted the value of diamonds as ₹ 4,27,000/-, which decision cannot be retracted, by filing a writ petition. Having accepted the same, contrary contention of the appellant that at the time of seizure, the value of diamonds, was ₹ 40 Lakhs, cannot be accepted - appeal dismissed. - W. A. No. 850 of 2018 - - - Dated:- 4-6-2018 - S. Manikumar And V. Bhavani Subbaroyan, JJ. For the Appellant : Mr. R. Venkatesh for Usha Raman JUDGMENT ( Order of the Court was delivered by S. Manikumar, J ) Being aggrieved by the direction, of the writ Court, fixing compensation, of ₹ 5,00,000/- with interest at the rate of 18% per annum on ₹ 4,27,000/- from 07.10.1996 to 17.02.2003, instant appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Division, Nagapattinam, respondents 1 and 2 in W.P.No.10707 of 1998, to deliver 485 numbers of diamonds seized and also to pay interest on the value of the aforesaid diamonds estimated at ₹ 40 Lakhs at the rate of 18% per annum, from the date on which they were bound to be returned. 4. Adverting to the abovesaid facts, grounds and after hearing the learned counsel for the parties, writ Court, vide order dated 19.04.2004 in W.P.No.10707 of 1998, ordered as hereunder. 10. As regards the complaint preferred by counsel for the petitioners that the petitioners have been waiting from the year 1979 to the year 1996, the petitioners are responsible for it since they had been challenging the order from authority to authority. At l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods under certain conditions which definitely implies that the goods shall be secured with due care and caution. 12. In Jay Laxmi Salt Works (P) Ltd. Vs. State of Gujarat [(1994) 4 SCC 1] the question was what is the tortious liability of the State when a 'Reclamation bundh' was constructed by the State Government without heeding to the appellant's request to change the location and it resulted in the flood water entering the appellant's factory. There is a detailed discussion regarding the strict liability, fault liability, and some observations are relevant, which are extracted hereunder:- But to be actionable and get redress from court it must assume legal shape by falling in one or the other statutorily, judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xt in which the duty is created not towards the individual, but has its effect on the right of individual vis-a-vis the society. ..... The action for damages will not lie if the damage suffered by him is not of the type intended to be guarded against. It seems to be contrary to statutory intendment to impose liability upon public body for a thing for which no reasonable care in the performance of the concerned act could be inferred from the language used in the statute; it ought not to be so construed as to inflict the liability on the public authority unless the purpose sought to be achieved has been wanting due to want of exercise of duty and reasonable care in the performance of duty imposed by the statute. .... The proper a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. Hence, I fix the compensation payable to the petitioners at ₹ 5,00,000/- plus a sum of 18% per annum on ₹ 4,27,000/- from 7.10.1996 to 17.2.2003. This is not awarded as interest, but only as compensation in the absence of any other parameter to arrive at the value of compensation. The writ petition is ordered as above. 5. Though, Mr.R.Venkatesh, learned counsel for the appellant reiterated, that the value of the diamonds seized, was ₹ 40 Lakhs and that therefore, this Court, should direct modification of the abovesaid order, to the effect that the respondents should pay, the amount as prayed for, in the writ petition, this Court is not inclined to accept the said contention for the reason that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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