CHHINDER SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THIS appeal has been filed by the defendants-appellants against the judgment and decree dated 11.4.2005 passed by the learned Additional District Judge, Moga, whereby the suit of the plaintiff-respondent seeking damages has been decreed and an amount of Rs. 82,000/- has been ordered to be paid by the defendants jointly and severally to the plaintiffs- respondents.

(2.) PLAINTIFF - Paramjit Kaur who is minor through her mother and natural guardian filed a suit for recovery of Rs. 2.00 lakhs as damages-cum- compensation on account of injuries caused to her by the defendants- appellants. The suit was filed being an indigent person being minor. It was alleged in the suit that she has been residing with her mother and on 6.4.1999 at about 4.45 p.m. all the defendants-appellants came to her father's house. They were armed with deadly weapons and started abusing her and her other family members. The father of the plaintiff asked them not to do so and they caused injuries to him as also to the mother of the plaintiff. Besides, injuries were also caused to the plaintiff herself on the head and other parts of her body. The plaintiff remained admitted at the Daya Nand Medical College Hospital, Ludhiana, for the period from 7.4.1999 to 13.5.1999. The head injury on the person of the plaintiff was opined to be dangerous to life. She spent about Rs. 1.00 lakh on her medical treatment. Regarding the incident, case FIR 55 dated 7.4.1999 for the offences under Sections 307/324/452 IPC etc. was also registered. Even after discharge from the hospital, the plaintiff remained under medical treatment and she has not fully recovered. The defendants contested the suit on various grounds. It was alleged that the suit is not maintainable and the plaintiff has no locus standi or cause of action. Besides, the suit was a counter blast to the suit filed by Jagsir Singh (respondent No. 4) in order to extract money from the defendants in a wrongful manner. In fact, on 6.4.1999 at about 4.45 p.m. Jagsir Singh (respondent No. 4) along with Paramjit Kaur and Charat Singh was going to his house from a Karyana shop. On the way, they were waylaid by the persons from the plaintiffs side who were armed with deadly weapons and were raising "Lalkaras" and saying that the defendants would be taught a lesson for raising "Khanghura" (clearing the throat as a challenge) and they caused injuries. Paramjit Kaur (plaintiff) had also caused injuries to Jasgir Singh (defendant No. 4) but her head struck against the wall and she suffered injuries on her head. The plaintiff filed replication and the suit was contested. The learned Civil Judge (Sr. Divn.) Moga, after examining the evidence and material on record, vide his judgment and decree dated 28.8.2004 partly decreed the suit of the plaintiff to the extent of Rs. 50,000/- as damages with costs along with interest @ 12% p.a. from the date of institution of the suit till realization of the amount. This was, however, subject to payment of proportionate Court fee. The defendants- appellants, aggrieved against the judgment and decree of the learned trial Court assailed the same before the learned Appellate Court. The learned Additional District Judge, Moga, vide his judgment and decree dated 11.4.2005 dismissed the appeal and enhanced the quantum of damages to the extent of Rs. 82,000/- to be paid by the defendants-appellants jointly and severally. The said judgment and decree, as already noticed, is assailed in this appeal.

(3.) I have given my thoughtful consideration to the contentions of the learned counsel for the defendants-appellants.