STATE OF MADHYA PRADESH Vs. CHIRONJI LAL

JUDGEMENT

(1.) This is defendant's appeal against judgment and decree dated 24-12-1968 passed by the Third Additional District Judge, Morena, whereby the judgment and decree dated 20-10-1965, passed by the trial Court have been affirmed.

(2.) Facts material for decision of this appeal are as under:- The plaintiff-respondent No. 1 Chironji-lal instituted the suit giving rise to this appeal for recovery of Rs. 600/- by way of damages caused by Police to loud-speaker, amplifier, mike and other accessories belonging to him, and which were given on hire to Sunderlal, defend ant-respondent No. 2. Students' procession was being taken out on 27-12-1959 near Motor-stand, Morena. There was a lathi-charge by the Police. The aforesaid loud-speaker set was fitted in a rickshaw. Although at the time of the lathi-charge, it was in Jiwaji Ganj, Sikharwari Block, Morena, away from the place of lathi-charge yet the Police Constables without any reasonable cause wilfully in order to cause damage to the plaintiff damaged the aforesaid set. Accordingly, the plaintiff is entitled to recover Rs. 600/- as damages for the loss so caused by the employees of the defendant State.

(3.) The defendant-appellant State resisted the claim of the plaintiff and contended that the State cannot be made liable for the damage even if caused by the aforesaid acts complained of by the plaintiff.