RANGANATHAN Vs. NARAYANAN

JUDGEMENT

(1.) The plaintiff in O.S. No. 68 of 2006 on the file of the learned II Additional Subordinate Judge, Cuddalore is the appellant herein. The respondent is the sole defendant in the suit. This was a suit filed for damages. The trial court by decree and judgment dated 24.02.2010, partly decreed the suit thereby directing the defendant to pay a sum of Rs. 1,00,000/- as damages. As against the same, the respondent herein filed an appeal in A.S. No. 65 of 2010 on the file of the learned Principal District Judge, Cuddalore. Challenging the denial of the entire amount of compensation as claimed, the appellant filed A.S. No. 100 of 2010 before the same court. The lower appellate court heard both the appeals and by a common decree and judgment dated 25.02.2011, allowed the A.S. No. 65/2010, thereby setting aside the decree and judgment of the trial court and dismissed A.S. No. 100/2010. As against the said decree and judgment in A.S. No. 65 of 2010, the appellant is before this Court with this Second Appeal. The facts of the case would be as follows: Both the appellant and the respondent belong to the same village. There was some dispute in respect of the boundaries of the respective lands between the family of the plaintiff and the defendant. On 6.10.1997 at about 2.00 p.m., the plaintiff and his brother Vaidyanathan were engaged in agricultural work in their land. At that time, the defendant, his brother Purushothaman and his father Venkatachalam, who are the adjacent land owners, came to the spot, developed quarrel and finally, the defendant attacked the plaintiff with a spade handle on his head and Venkatachalam attacked him with a stick on his hip. The plaintiff sustained head injury and he was immediately rushed to the Government Hospital at Cuddalore from where he was referred to the General Hospital at Chennai. On a complaint duly made, a case was registered in Crime No. 1031/1997 on the file of Nillikuppam Police Station which resulted in filing of a final report against the defendant and his brother. Thereafter, the case was committed to the court of sessions. The Additional Assistant Sessions Judge, Cuddalore in S.C. No. 137 of 1999 convicted the appellant under Section 307 of IPC and sentenced him to undergo rigorous imprisonment for 4 years. His brother Mr. Purushothaman was convicted under Section 307 read with 34 of IPC and he was also sentenced to undergo rigorous imprisonment for 4 years. As against the same, they have filed an appeal in C.A. No. 66 of 2000 before the learned Additional District and Sessions Judge, Cuddalore. The lower appellate court acquitted the defendant's brother Purushothaman, however, dismissed the appeal, thereby confirming the conviction and sentence imposed on the defendant. As against the same, the defendant filed a revision before this Court in Crl. R.C. No. 890/2002. By judgment dated 16.09.2003, this Court confirmed the conviction, however, modified the sentence, thereby directing the defendant to pay a sum of Rs. 10,000/- as fine and this Court further directed that the said amount be paid as compensation to the plaintiff herein under Section 357 of Cr.P.C.

(2.) Thereafter, the plaintiff filed this suit as an indigent person in the year 2004. He was declared indigent and accordingly, the suit was numbered as O.S. No. 68 of 2006. In this suit, the plaintiff claims a sum of Rs. 1,50,000/- as compensation, as according to him, because of the injuries sustained by him, he was not able to pursue his normal avocation and he has also suffered lot of mental agony and monetary loss.

(3.) The defendant filed a written statement disputing his liability to pay any amount as compensation. According to him, simply because the criminal court had convicted him, that would not automatically go to prove that the plaintiff is entitled for compensation. Apart from that, the quantum of compensation claimed was also disputed.