The High Court dismissed the second appeal challenging a civil suit for damages. The bench held that the lower courts' findings were lawful, no question of law arose, and the appeal was dismissed without modifying the award of interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.3409 of 2013 (O&M)
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.3409 of 2013 (O&M) Date of decision: 23.01.2015
Bachittar Singh and others
... Appellants
Vs.
Mohinder Kaur and others
... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. P.S.Sekhon, Advocate for the appellants.
AMIT RAWAL J. (Oral)
This regular second appeal is directed at the instance of appellants-defendants whereby the suit for damages as compensation was decreed by the trial Court for a sum of `5 lacs along with interest at the rate of 9% per annum from the date of death of deceased Gurcharan Singh i.e. 05.04.2003 and the lower Appellate Court modified the judgment and decree of the trial Court by awarding interest from the date of filing of the suit.
It is a matter of record that appellants-defendants were arrayed as accused in FIR registered on account of death of Gurcharan Singh and were convicted.
The suit for damages against accused is maintainable. The trial Court assessed the compensation by taking into
SAVITA DEVI KADIAN 2015.01.28 14:55 I attest to the accuracy and authenticity of this document High Court Chandigarh
RSA No.3409 of 2013 (O&M)
2
consideration income of the deceased as 10 lacs per annum but however, since the respondents-plaintiffs had claimed a compensation of 5 lacs.
The judgments of both the Courts below are based on appreciation of oral and documentary evidence.
There is no illegality and perversity in the findings rendered by the Courts below.
No substantial question of law arises for determination of
this Court.
Accordingly, the appeal is dismissed.
(AMIT RAWAL) JUDGE
January 23, 2015 savita
SAVITA DEVI KADIAN 2015.01.28 14:55 I attest to the accuracy and authenticity of this document High Court Chandigarh
2 issues framed by the court
Whether there is any substantial question of law arising from the judgment and decree of the trial and appellate courts in a suit for damages.
Whether the interest awarded by the lower appellate court from the date of filing of the suit violates the law as appreciated by the trial court.
Bachittar Singh and others
Mohinder Kaur and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
