SWARUPKISHORE Vs. GOVERDHANDAS

JUDGEMENT

(1.) THIS is an appeal from the decision of the Additional District Judge of Gwalior whereby the Plaintiff -Respondent Gowardhandas was awarded Rs. 1,000 as damages for assault and battery committed by the Defendant -Appellant.

(2.) IT was alleged by the Plaintiff that on the evening of 6 -12 -1946 Mst. Chamelibai accompanied by a family barber came to the Plaintiff's house for the purpose of distributing "ladoos" (Sweets) in connection with the Jalwa ceremony of a recently born grandson. For some reason Gowardhandas declined to accept the "ladoos". Thereupon Chamelibai returned to her house abusing the Plaintiff, and shortly afterwards she again came to the Plaintiff's house bringing with her, her sons Roopkishore and Sawroopkishore; that on Coming to the Plaintiff's house Chamelibai and her sons abused the Plaintiff and Swaroopkishore slapped him in the face.

(3.) IT was then contended that Swaroopkishore was of fifteen or sixteen years of age when he slapped Gowardhandas and that, therefore, being a minor he could not be held liable in damages. The contention must be rejected. A minor is in general liable for his torts in the same manner and to the same extent as an adult. The rule of exemption form all responsibility and liability for an act done by a person below a certain ago has no applicability in conduct tortious in itself and in its very essence. It is only in those cases where an act is innocent in itself, but becomes tortious by the addition of some ingredient such as intention, malice, knowledge or state of mind in person charged as a wrong -doer that the age and mental capacity of the Defendant becomes relevant.