INDER SINGH Vs. DEVINDER KAUR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The present appeal is directed against the order of the High Court in second appeal in which the High Court after weighing the evidence on record has set aside the Appellate Court's order. The question which is raised in the suit itself was whether the appellant is liable to pay the compensation for the death of the deceased Jagjit Singh. The trial court decreed the suit and granted Rs. 80,000. 00 as compensation against the appellant. The Appellate Court set aside the decree and dismissed the suit. However, the High Court in second appeal as aforesaid, after weighing the evidence based upon the evidence of Public Witness-5 set aside the findings recorded by the first Appellate Court and enhanced the compensation to Rs. 97000/ -. However, we are not entering into the merits of this case as the basic question is, whether the High Court could have interfered with the finding of fact in the second appeal. Admittedly no substantial question of law is raised nor it has been formulated by the High Court, nor it could be pointed even today while making the submissions. Accordingly, we feel that the High Court fell into error in interfering with the findings of fact recorded by the first Appellate Court in the absence of any substantial question of law. Accordingly, the present appeal succeeds and the impugned judgment and order of the High Court is set aside and that of the first Appellate Court is confirmed.

(3.) In the present case, we are informed earlier that the appellant has already deposited Rs. 50,000. 00 towards the part of the said compensation which has been withdrawn by the respondent on furnishing the security.