SUBA SINGH Vs. DAVINDER KAUR

JUDGEMENT

(1.) This appeal by special leave arises from a suit for damages filed by the Plaintiffs-Respondents, the widow and the minor daughter of one Surinder Singh, claiming a sum of rupees three lakhs as damages from the Defendants-Appellants for causing the death of Surinder Singh by their wrongful act.

(2.) In an occurrence that took place on July 1, 1991, Surinder Singh died as a result of gun shot injuries. An F.I.R (No. 166) was lodged by his father Balbir Singh, under Sections 302/307/34 of the Penal Code and Section 25/27 of the Arms Act in which the two Appellants, Suba Singh and Shingara Singh, father and son respectively, were named as accused.

(3.) On November 16, 1991, Respondent No. 1 filed a suit on behalf of herself and on behalf of her minor daughter, who was at that time about 4-5 years old, against the Defendants-Appellants claiming damages for the death of her husband and the father of the young child. In the plaint, it was alleged that Suba Singh and his son Shingara Singh had committed the murder of Surinder Singh. Shingara Singh came to the place of occurrence armed with the licensed gun of his father and urged by him, he fired a shot killing Surinder Singh on the spot. At the time of death, the age of Surinder Singh was about 25 years. He was a peasant and a motor vehicle driver by vocation. As a professional driver, he was in private service of certain persons named in the plaint. He also used to help his father in agricultural operations and his income from all the sources was about Rs. 16,000/- per annum. It was stated that after the death of Surinder Singh, the Plaintiffs did not have any source of income to maintain themselves. Hence, the claim for compensation by way of damages of rupees three lakhs from the Defendants.