STATE OF MADHYA PRADESH Vs. SHANTIBAI

JUDGEMENT

(1.) THIS is an appeal under Section 96, CPC by the defendants against judgment and decree by which an amount of Rs. 50,000/- has been awarded as compensation to plaintiff No. 1 Shantibai and an amount of Rs. 25,000/- to plaintiff No. 2 Jagrani with interest at the rate of Rs. 12% per annum.

(2.) IT is no longer in dispute that on 26-12-1989 in Tehsil Headquarter, Banda in District Sagar there was a strike of the students against the reservation policy of the Government. There was traffic-jam and violence. The police personnel resorted to using tear gas and lathi charge. Even then violence increased and therefore, they fired in the air so that mob may disperse. The bullets from the fire arms of the police hit the two ladies who are the plaintiffs and who were standing on the roof of their house which was at a height of about 10 feet from the ground. These ladies were injured. Shantibai had four fractures in right hip and thigh. Jagrani also sustained fracture in right thigh. They were admitted in the Government Hospital and they were treated by Dr. Arun Saraf (P. W. 3) of that hospital. According to him there were opaque bodies in the thigh of the plaintiffs. They were treated for a long time. To some extent they are suffering from permanent disability.

(3.) THE plaintiffs claimed an amount of Rs. 1,75,000/- as compensation. According to them they spent about Rs. 25,000/- in medical treatment. They have claimed remaining amount as general damages for the pain and suffering and permanent disability.