D.GANESAN Vs. P.PREMKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the fair and decreetal order dated 09.11.2016 in Indigent O.P.No,.3 of 2015 on the file of the Principal District Judge, Trichy.

(2.) Learned counsel for the appellants would submit that the 1st appellant is husband of 2nd appellant and 3rd appellant is their daughter. There has been a dispute between the respondent and his brother since 2005 over the house in which the 3rd appellant and her husband are residing. The respondent is residing next to the 3rd appellant's house and both the properties belonged to the father of the respondent. There was some dispute between the appellants and respondent. While so, the respondent kicked the father of the 1st appellant, in which, he sustained injuries. Due to the said incident, the appellants claimed Rs.25,12,469/- as damages from the respondent for the mental agony caused by him to the appellants.

(3.) It is further submitted that the 1st appellant is aged 77 years and he is getting pension of Rs.16,360/- per month and the respondent is bound to compensate the 1st appellant for the pain and sufferings undergone by him due to the violent gush made out by the respondent. The 2nd appellant is aged about 69 years she has a distinct and separate pain for herself due to the physical incapacity of the 1st appellant. The appellants 1 and 2 are residing with the 3rd appellant. The 3rd appellant owns a car without a driver and also owns two plots. The two plots were given to her elder sister by name, Mrs.Shymala Devi and when the 3rd appellant's husband suffered a stroke and hospitalized for treatment, she executed a sale deed to her sister for medical expenses of her husband.