JEETINDERA SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The plaintiff has come in second appeal against judgment, decree dated 18.8.2001 passed by learned District Judge, Mandi in Civil Appeal No. 2 of 1998 reversing judgment, decree dated 27.8.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 127 of 1992, 43/1995 decreeing the suit of the appellant for recovery of ' 40,000/- along with interest at the rate of 12% per annum and future interest at the rate of 6% per annum.

(2.) The facts, in brief, are that the appellant had filed a suit for recovery of ' 1,00,000/- against the respondents on the averments that the appellant is matriculate and was working as Conductor in September, Whether reporters of Local Papers may be allowed to see the Judgment ? yes 1990 on salary ' 1,000/- per month. He was hale and hearty unmarried aged 20 years at the relevant time. On 27.9.1990 he was coming from Tarna Temple, Mandi, he received bullet injury on his hip joint in Mohalla Thanehra, Mandi. He fell down and was removed to Civil Hospital, Mandi where he remained admitted till 9.10.1990.

(3.) The appellant after discharge from the hospital had been getting treatment as outdoor patient. The appellant due to bullet injury suffered 25% permanent disability. The police force deployed by the respondents in Mandi town on 27.9.1990 opened fire indiscriminately without caring for the lives of innocent persons. The injury suffered by the appellant was on account of rash and negligent act of the police force deployed by the respondents. The respondents as such were liable to pay damages for the negligent act of their servants. The appellant has lost his health, intellect and his future prospects have also been adversely affected. The appellant was unable to perform his duty and has lost his job. The appellant suffered physical and mental pain. The appellant has spent about ' 30,000/- on his treatment and the appellant has not recovered fully.