MUHAMMED MASTER Vs. MUHAMMED

JUDGEMENT

(1.) The victim in a Sessions Case, who sustained grievous injuries and disabilities in an attack by the accused therein, had filed a suit as O.S. No. 172 of 1995 before the Subordinate Judge, Manjeri claiming compensation. The learned Sub Judge decreed the suit by granting compensation to the tune of Rs.1,75,000/-with interest. Challenge is with respect to the said judgment and decree.

(2.) The parties are referred to as the plaintiff and the defendants as per their ranking before the trial court.

(3.) Shorn off the unnecessary details, the brief facts of the case are as under: On 27.2.1994 at about 9.15 p.m. while the plaintiff was returning to his residence after offering prayers in a Mosque, was wrongfully restrained by the defendants 1 to 3 along with eleven others and attacked with deadly weapons such as iron rod, reaper, fire wood etc. and caused severe injuries to him. Though the plaintiff was immediately rushed to Al Shifa Hospital, Perinthalmanna, after providing first aid, he was referred to the Medical College Hospital, Kozhikode for expert management as injuries were grave and serious. He had undergone treatment as an inpatient in the Medical College Hospital, Kozhikode till 29.3.1994. He had also undergone a major surgery. The injuries caused him, to suffer hemiplegia and epilepsy. He was discharged with the advice to continue treatment for epilepsy. His life was saved by the expert treatment administered to him by the doctors in the Medical College Hospital. Even after discharge, he continued the treatment at the Medical College Hospital and due to the attack, he sustained heavy loss and damages and the defendants alone are responsible for the same. Hence, the suit for realization of asum of Rs.l ,79,000/- in total as compensation from the defendants.