MALUK SINGH Vs. RATTAN KAUR

JUDGEMENT

(1.) THIS is defendants' appeal against whom a decree for Rs. 45,700/- has been passed by the trial Court by way of damages.

(2.) THE plaintiffs filed the suit for the recovery of Rs. 1,00,000/- on account of the murder of Sohan Singh son of Assa Singh. Plaintiff No. 1 Rattan Kaur is widow ; plaintiffs Nos. 2 to 6 are the sons and daughters and plaintiff No. 7 is the father of the said Sohan Singh, deceased. Plaintiffs Nos. 2 to 5 are minors residing with their mother, plaintiff No. 1, and, thus, she acted as their natural guardian in filing the suit. According to the plaintiffs, the defendants, Maluk Singh and Surain Singh, murdered Sohan Singh on October 26, 1972. Maluk Singh was charged under Section 302 whereas Surain Singh was charged under Section 302 read with Section 34, Indian Penal Code. Both the accused were found guilty of the charges. Maluk Singh, accused, was sentenced to death and also to pay a fine of Rs. 500/- whereas Surain Singh, accused, was sentenced to undergo imprisonment for life and to pay a fine of Rs. 250/- by the Court of the Additional Sessions Judge, Ferozepur, vide judgment dated September 7, 1973. The plaintiffs averred that Sohan Singh, deceased, possessed very robust and sound health. He was about 57 years of age at the time of his death and was earning Rs. 20,000/- per annum. Had he not been murdered, he would have lived the age of 100 years which is the normal span of life in the deceased's family. Assa Singh, the deceased's father was still alive and was aged about 103 years. Khushal Singh, the grandfather of the deceased died at the age of about 104 years and other members of his family died after more than 100 years of age. The deceased was a Sarpanch and held a high status in the village and the locality. He was the only source of income and was supporting a large family including the plaintiffs. The defendants by the brutal murder of Sohan Singh, deprived the plaintiffs of the necessities of life, pecuniary benefits, company, comfort, love and affection and the source of income. Had Sohan Singh not been murdered by the defendants, tie would have earned about Rs. 60,000/- calculated at the rate of Rs. 20,000/- per annum for the remaining period of his life at least for 43 years as the normal span of life in the deceased's family was over 160 years. However, the plaintiffs claimed a sum of Rs. 1,00,000/- as damages as follows:

(3.) AFTER hearing the learned Counsel for the parties, I do not find any justification to interfere with the amount of damages allowed by the trial Court.