RAMESHWAR KUMAR Vs. KANTA DEVI & ANOTHER

JUDGEMENT

(1.) By way of this appeal, appellant has challenged the judgment and decree passed by the Court of learned Additional District Judge, Shimla, H.P., dated 07.09.2007, in Civil Appeal No.12-S/13 of 2005, titled as Smt. Kanta Devi Versus Rameshwar Kumar & another, vide which learned Appellate Court while setting aside the judgment passed by the Court of learned Civil Judge (Senior Division), Shimla, H.P., in Civil Suit No.174/1 of 1996, titled as Kumari Kanta Devi Versus Rameshwar Kumar & another, decided on 29.10.2004, whereby learned trial Court dismissed the suit for recovery of Rs.75,000/-, filed by present respondent Kanta Devi, allowed the suit and decreed the same for a sum of Rs.75,000/- with costs, against the present appellant.

(2.) Brief facts necessary for the decision of present appeal are that respondent/ plaintiff Kanta Devi filed a suit for recovery of Rs.75,000/-, as damages against defendants Rameshwar Kumar and Chander Shekhar. Her case was that her father was owner-in-possession of the land comprised in khasra No.323, measuring 1.16 bighas, situated in village Rampur Keonthal. Same was mortgaged by grand-father of plaintiff with one Paras Ram. It was redeemed by her father about 12-13 years back after paying the mortgage money. The land was in possession of her father for last more than 20 years. On 30.08.1995, plaintiff alongwith her father and other family members were working in the fields upon the said land, when defendants armed with sharp edged weapon came on the spot, trespassed over the suit land and started quarreling with plaintiff and her father. Defendants gave severe beatings to plaintiff and her father. Defendant No.1 struck a sharp edged weapon on the right forearm of plaintiff, causing Ulmnar Nerve injury. The matter was reported to the police, which lead to registration of F.I.R. No.200/95. Plaintiff was taken to Deen Dayal Upadhey Hospital, Shimla, where she was treated by the doctor. Defendants tried to pressurize the doctor to issue a Medico Legal Certificate, to the effect that the injuries suffered by plaintiff were simple. Plaintiff took up the matter against the doctor with the Medical Council, for professional misconduct. Injury caused to her forearm by defendant No.1 was a grievous injury. She nitially got treatment for said injury from Indira Gandhi Medical College & Hospital at Shimla and then at Christian Medical College and Hospital, Ludhiana. She was operated for Ulmnar Nerve Injury at C.M.C., Ludhiana. She suffered physically as also mentally on account of injury, suffered by her, for which she had to undergo treatment for a period of more than nine months. Plaintiff was 25 years old when she suffered the injury, but on account of the same, she could not get engaged and found a suitable partner. Her treatment cost was Rs.13,153.50/ at C.M.C. Ludhiana. On travelling, she spent an amount of Rs.15,000/-. Besides this, she also spent more than Rs.30,000/- on her treatment and medicines at other places. On these basis, she claimed damages to the tune of Rs.75,000/- from defendants.

(3.) The suit was resisted by defendants. As per them, the suit was filed on account of enmity between father of plaintiff and defendant No.1, due to land dispute. As per defendants, the suit land was previously in possession of predecessor-in-interest of defendants, Smt. Chandi Devi, who gifted the same during her lifetime, to defendant No.1. The same was never redeemed as alleged by plaintiff nor possession of the land was with the father of plaintiff. Suit land never remained in possession either of plaintiff or her father and injury suffered by plaintiff was a self inflicted injury, which she suffered while cutting grass with 'Darati'. Defendants denied that they had caused any injury to plaintiff or that plaintiff was entitled for any damages, as alleged.