RANJIT SINGH Vs. BEANT SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by appellant Ranjit Singh against the order of the learned Single Judge dated 6.5.1983 vide which the First Appeal preferred by the appellant against the judgment of Sub-Judge Ist Class, Amritsar, dated 18.4.1974 in the suit for recovery of Rs. 40,000/- as compensation under the Fatal Accident Act XIII of 1855 and under tort on account of loss of one eye, was accepted and suit of the plaintiff- appellant was decree for a sum of Rs. 20,000/- along with interest at the rate of 6 per cent per annum from the date of suit till payment thereof.

(2.) NECESSARY facts are as under :- On 20.7.1968, the plaintiff-appellant Ranjit Singh was coming from his fields at about 5/6 P.M. When he reached near the School, Beant Singh, Gurbax Singh, Randhir Singh and Harbans Singh waylaid him. Randhir Singh was armed with takua and Beant Singh, Gurbax Singh and Harbans Singh were armed with the dang each. Gurbax Singh thrust his dang on the right eye of Ranjit Singh appellant due to which his eye ball was badly damaged and it had to be ultimately removed. He was also caused six other injuries. The plaintiff- appellant, in the suit, claimed compensation of Rs. 40,000/- i.e. Rs. 20,000/- for the loss of eye, pains, sufferings and medical expenses, and Rs. 10,000/- each for his two minor children to whom he became unable to maintain due to loss of his right eye as his left eye was already so weak that he was rendered incapacitated to earn for their livelihood.

(3.) ON the pleadings of the parties, the following two issues were framed besides that of relief :