SADRILAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in Civil Suit No. 8 -E/86 dated 23.12.1986 by the First Additional District Judge, Shajapur, who was pleased to award Rs. 14,000/ - by way of compensation for the injuries caused by the appellant to the deceased/plaintiff Kanhaiyalal.

(2.) THE facts giving rise to this appeal are that on 1.4.1984, when the deceased plaintiff Kanhaiyalal was returning home from his agricultural field at village Kevdakedi in the evening, he met, behind his son, Mangilal and Bapulal at some distance. After the appellants crossed the deceased Kanhaiyalal, they started beating him with stick, saria and darata. Because of the injuries received by him, he was hospitalised. A complaint was lodged and the deceased/plaintiff Kanhaiyalal was hospitalised at Shajapur. He remained hospitalised upto 20.4.1984. He had to keep attendants at Shajapur and spent about Rs. 2,000/ - for the medical expenses. He could not get completely healthy and was required to be medically treated at his home. Because of the injuries the deceased Kanhaiyalal could not sit or stand -up without the aid of someone and the agricultural work that he was performing could not be performed by him due to the disability he received because of the beating by the appellants. He filed a suit for compensation for Rs. 11,000/ - for pain, shock, suffering and injuries; Rs. 5,000/ - for medical and other expenses; Rs. 3,000/ - for permanent disability and attendance and Rs. 2,000/ - for the loss of his vocation. Thus, demanded Rs. 21,000/ -. The suit was contested by the appellants. The trial judge held that the plaintiff has proved the injuries as having been caused by the appellants. The injuries proved were a fracture in the head and palsy in left hand and the leg. He became completely disabled. After appreciating the evidence, the lower Court held that the plaintiff was able to prove Rs. 1,000/ - by. way of medical expenses and attendance and also granted Rs. 11,000/ - by way of compensation for pain, shock and suffering etc. In all Rs. 14,000/ - were awarded by the trial Court.

(3.) ON overall appreciation, I agree with the trial Court's findings. from the evidence of Kanhaiyalal, the deceased, who has stated how the incident took place and how he was beaten by the appellant. He has been supported by the documentary evidence from the public record of the hospital in the form of bed head sheet whereby the injuries caused by an attack is proved. Ex. Pit, P/2 and P/3 proved that immediately the matter was reported to the police at hospital and Ex. P/3 very clearly names the appellant No. 1 and others. In that view of the matter, the causing of the injuries by the appellants is not in doubt and I confirm the findings of the trial Court on that count. So far as the medical expenses are concerned, there is an evidence of the deceased Kanhaiyalal who has stated that he had spent Rs. 5,0001 - and when the lower Court has granted only Rs. 1,000/ -, I do not find the appreciation of evidence in any case required to be changed. So far as the interest is concerned, the contentions on behalf of the respondents are well founded and I do not see the grant of interest requires to be up -set. The argument that the disablement to be a personal cause cannot be transferred to anyone else in principle may be disputable but the injured himself had filed the suit and it is continued by the legal representatives who would have naturally inherited the estate in the form of amount of compensation which the deceased would have received, therefore, the claim cannot be defeated by hyper -technical arguments. In that view of the matter, I confirm the findings and decree of the lower Court and dismiss the appeal with costs. The advocate's fee, as per the schedule.