RAJESH KUMAR Vs. POHLO RAM

JUDGEMENT

(1.) THE defendants 2 and 4 have come in appeal against judgment, decree dated 8.4.2003 passed by the learned District Judge, Bilaspur in Civil Suit No. 6 of 1999 decreeing the suit of respondent No.1, who was plaintiff No.1 and granted him compensation of ` 97,400/- and the amount was ordered to be paid by appellants alongwith proportionate costs. It has also been held that respondent No.1 shall be entitled to interest at the rate of 9% per annum on the amount of ` 97,400/- from the date of decree i.e. 8.4.2003 till realisation. THE suit of respondent No.1 against others was dismissed.

(2.) IN fact, four persons namely Pohlo Ram, Satya Pal, Shiv Dei and Ramku Dei had filed suit for damages amounting to ` 2,29,220/- against Nathu Ram, Rajesh Kumar, Sarita, Gopala Ram and Nikki Devi alleging that on 14.6.1997 at about 6.00 p.m. all defendants formed an unlawful assembly, armed with sticks and attacked plaintiffs and caused multiple injuries to the plaintiffs. Satya Pal plaintiff No.2 lodged FIR Ex.PA at Police Station, Barmana. The defendants had caused permanent injury to the left leg of plaintiff No.1. He remained under treatment for about two years but still he has not recovered. He could not walk. The plaintiff No.1 had claimed ` 1,40,000/- compensation on account of injuries suffered by him at the hands of the defendants. He has also claimed an amount of ` 5,000/- on account of treatment, ` 12,050/- on account of conveyance charges, ` 12,170/- on account of incidental charges.

(3.) THE suit was contested by defendants No.1 to 5 by filing written statement in which they have taken the objections of limitation, lack of cause of action. THEy have denied that they have caused any injury to the plaintiffs. THE allegations against defendants No.1 to 5 were false and they have been already acquitted vide judgment dated 18.3.2000. It has been alleged that plaintiff No.1 has not suffered any permanent injury nor he had spent any amount on his treatment. THE defendants denied the claim of all the plaintiffs.