GURMEET SINGH Vs. BHARPUR SINGH

JUDGEMENT

(1.) Having suffered reversal of the findings of First Appellate Court, the defendant herein is before this Court in second appeal to challenge the judgment and decree of the First Appellate Court whereby suit of the plaintiff was partly decreed with costs for recovery of a sum of Rs.85,000/- as compensation along with interest @ 7% per annum from the date of the filing of the suit till its actual realization.

(2.) Succinct factual matrix as adumbrated by the First Appellate Court is that suit was filed for recovery of Rs.3,00,000/-as compensation on account of injuries caused by the defendant to the plaintiff. The plaintiff and defendant are owners of the respective agriculture land, which is adjoining. A mulberry tree planted on common boundary of their land fell due to windstorm and the plaintiff told the defendant to lift the said tree and even a Panchayat was also convened. It was decided in writing in the Panchayat that defendant shall uproot the tree failing which he would have to pay Rs.50,000/- to the plaintiff. However, 5-6 days prior to the date of incident i.e. 04.10.2011, plaintiff cut some branches of the tree and the defendant was grudgeful against him for the same. At about 7 a.m. on 04.10.2011 when the plaintiff went to his fields, the defendant was already hiding there brandishing a 'kasoli'. On seeing the plaintiff, he ran towards him and gave him 2-3 blows on his right leg. When the plaintiff raised alarm he was given another 2-3 blows on the left leg followed by another blow on the right shoulder of the plaintiff. On hearing the crying noises of the plaintiff, his sons Amrik Singh and Surjit Singh came to the spot and on seeing them, the defendant ran away from the spot along with 'Kasoli.' The sons got admitted the plaintiff in Civil Hospital from where he was referred to Rajindra Hospital, Patiala. There he underwent two surgeries and underwent treatment at his own costs having suffered fractures etc. Plaintiff is stated to have incurred expenses of Rs. 1 lakh on his treatment and loss of income of Rs.2 lakhs from his agriculture produce apart from suffering the disability to work being handicapped. Criminal proceedings were also initiated vide FIR No.lll dated 04.10.2011 under Sections 323, 325 IPC.

(3.) On defendant's refusal to compensate the plaintiff towards his medical treatment and other loss, he filed a suit seeking damages/compensation.