MAJOR SINGH Vs. MALA DEVI

JUDGEMENT

(1.) Appellant-Defendant is in regular second appeal against the concurrent findings of facts and law, whereby, suit filed by the respondentplaintiff claiming damages on account of death of minor son aged 9 years on account of falling of wall of fourth floor, has been partly decreed by the trial Court while directing the defendant to pay damages and compensation amounting to Rs.2.5 lacs alongwith interest @ 6% per annum to the plaintiff and affirmed by the Lower Appellate Court.

(2.) The suit was filed by the respondent-plaintiff on the premise that on 27.06.2006, Nitesh Kumar aged 9 years died in unfortunate incident. The defendant was owner of the adjoining house No.1494 of Vijay Kumar in village Burail, U.T.Chandigarh started constructing 4th floor of house upon the common wall separating the room of Vijay Kumar and the defendant. In this process, defendant opened doors and windows towards the house of Vijay Kumar due to which stones and malba kept on falling in the house of Vijay Kumar. Vijay Kumar requested the defendant many times to construct his house with good material and proper care but he did not pay any heed. On 23.6.2006 at 4.15 p.m suddenly wall of the top floor of the house of defendant fell down alongwith bricks and malba over the tinned roof of the house of Vijay Kumar and Vijay Kumar, his wife, their son Badal and Nitesh Kumar got buried under the malba. Nitesh Kumar suffered multiple serious injuries on various parts of the body and admitted to the hospital on 27.6.2006, therefore, the necessity arose to file the suite seeking compensation of Rs.5 lacs alongwith interest.

(3.) The appellant-defendant contested the suit by denying the maintainability. On merit, it was stated that construction work was being carried out from the roof of the defendant.