BHAIRODIN GIRDHARILAL Vs. PHULCHAND RATANCHAND

JUDGEMENT

(1.) THIS is a second appeal arising out of a suit for damages for assault and battery filed by the plaintiff respondent 1 in the Court of Civil Judge, Class I, Durg. He claimed Rs. 8,000-Rs. 3,000 as general damages and Rs. 5,000-as special damages under the heads: general bodily pain Rs. 1,000, fractures of the right hand finger and left hand finger Rs. 2,000, medical treatment Rs. 5,000 and vindictive damages Rs. 1,500. The trial Court decreed the suit awarding Rs. 5,100 as damages Rs. 3,000 general damages and Rs. 2,100 special damages: Rs. 1,000 for the fractures of the right hand finger and the left hand finger, Rs. 100 for medical treatment and Rs. 1,000 vindictive damages. On appeal, the judgment and decree of the trial Court were affirmed.

(2.) IN this second appeal, the learned counsel for the appellants contends that Rs. 3,000 having been decreed towards general damages, there could be no decree for damages under the heads: fractures of the right hand finger and the left hand finger and vindictive damages, both of which, he submits, are covered by the expression 'general damages'.

(3.) MATTERY relating to assessment of damages are ordinarily questions of fact: seel damodhar v. Vishwanath, 28 Nag LR 320: (AIR 1933 Nag 29); but where a mistake in the principle of assessment materially affects the compensation, interference in second appeal may be necessary.