Bombay High Court
THE STATE OF MAHARASHTRAversusGOVIND BHAU ZANKAR
- Decided
- Disposal
- Disposed Off
Holding
The Court dismissed the State's appeals as non‑meritorious due to the meager amount and allowed the cross‑objection, awarding interest on solatium from 1 September 2001.
Summary
The State of Maharashtra filed several appeals (Nos. 550, 551, 553, 571, 554 of 2000) against various respondents, while the original claimant filed cross‑objections concerning interest on solatium. The Court held that the State appeals involved only a meager quantum and therefore dismissed them without adjudicating the merits. The cross‑objection was allowed, directing that interest on the solatium be awarded from 1 September 2001, following the precedent in State of Maharashtra v. Balkrishna Khandu Sakbhar. For Appeal No. 554/2000, the Court noted that the difference between the enhanced award and the four‑times factor was only Rs 5,000, deeming it too trivial to entertain and accepted the State’s withdrawal of the appeal. The Court ordered the reference court to compute the interest within eight weeks and directed the State to deposit the amount within eight weeks thereafter, also ordering a refund of full court fees and noting that civil applications do not survive.
Issues considered
- Whether the State's appeals should be entertained despite the small quantum involved.
- Whether the claimant is entitled to interest on the solatium awarded.
- How the interest on solatium should be computed and from what date.
- Whether Appeal No. 554/2000 should proceed given the minimal difference after enhancement.
Subjects
- appeal dismissal
- solatium
- interest on solatium
- civil procedure
- court fees
- Maharashtra
- cross objection
Judgment
rsk 1 7-FA-550-2000.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.550 OF 2000
WITH
CROSS OBJECTION (ST) NO.5641 OF 2002
The State of Maharashtra ...Appellant
Vs
Karbhari Yamaji Zankar, since deceased through
LHS. …Respondents
WITH
CROSS OBJECTION (ST) NO.5644 OF 2002
IN
FIRST APPEAL NO.553 OF 2000
The State of Maharashtra ...Appellant
Vs
Ramchandra Namdeo Toche …Respondent
WITH
CROSS OBJECTION (ST) NO.2836 OF 2003
IN
FIRST APPEAL NO.571 OF 2001
The State of Maharashtra ...Appellant
Vs
Narayan Barku Ghorpade & Ors. …Respondents
WITH
FIRST APPEAL NO.551 OF 2000
The State of Maharashtra ...Appellant
Vs
Govind Bhau Zankar …Respondent
WITH
FIRST APPEAL NO.554 OF 2000
WITH
CROSS OBJECTION (ST) NO.5646 OF 2002
rsk 2 7-FA-550-2000.doc
WITH
CIVIL APPLICATION NO.1194 OF 2012
IN
FIRST APPEAL NO.554 OF 2000
The State of Maharashtra ...Appellant
Vs
Bhika Nabha Toche And Ors …Respondents
__________________________________________________________________
Mr. A. R. Patil, Addl G. P. for the Appellant.
Mr. P. N. Joshi (through VC) for the Petitioner in all XOB.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 25 JUNE 2026
P. C. :
FIRST APPEAL NOS.550/2000, 551/2000, 553/2000, 571/2000 AND
554/2000
1. These are group of appeals which are filed by the State and cross
objections are filed by the original claimant.
2. Insofar as appeals filed by the State are concerned, the amount being
meager, this Court would not entertain this appeal filed by the State and
same is accordingly dismissed by clarifying that appeal is not decided on
merits and will have no bearing on other appeals where quantum is large.
3. Appeals of the State are accordingly dismissed.
4. Insofar as the cross objections of the claimant is concerned, the only
grievance is with respect to interest on solatium. This Court in the case of
The State of Maharashtra vs. Balkrishna Khandu Sakbhar & Ors. 1 in
1 First Appeal No.201/2000 dated 1 August 2024
rsk 3 7-FA-550-2000.doc
paragraph 4 and 5 has considered this issue and awarded interest on
solatium. Respectfully following the same, the cross objections of the
claimant is allowed by awarding interest on solatium from 1 September
2001.
5. Reference Court to work out computation within a period of 8 weeks
from the production of this order.
6. State to deposit the amount within a period of 8 weeks thereafter
before the reference Court.
7. First appeals and Cross objection are disposed of in above terms.
FIRST APPEAL NO.554 OF 2000
8. Insofar as First Appeal No.554/2000 of the State is concerned, the
SLO awarded Rs.90,966/- which was enhanced by the Reference Court to
Rs.3,69,000/-. The original amount when factored by four times will be
approximately Rs.3,64,000/- and the difference between Rs.3,64,000/- and
the amount awarded by reference Court would be Rs.5,000/-
(Rs.3,69,000/- minus Rs.3,64,000/-) The notification of four times of not
to press the appeal where the amount is less than four times was last
issued in 2018. Today, we are in 2026, by factoring the inflation into
account, in my view the difference of Rs.5,000/- is too meager for this
Court to adjudicate the appeal. Therefore, looking at all these factors,
learned counsel for the State was fair enough to accept the suggestions of
the Court and withdraw the appeal.
9. Refund of full court fees as per rules. Civil Applications do not
survive.
[ JITENDRA JAIN, J. ]
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