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High Court of Punjab and HaryanaRSA/1174/1993dismissed

Harpal Singh v. Charan Dass

2024-05-20Mr. Justice Pankaj Jain2 pages

RSA No.1174 of 1993 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA No.1174 of 1993 (O&M) Date of decision : 20.05.2024 Harpal Singh and another ....Appellants

Versus

Charan Dass and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Saurabh Sharma, Advocate for the appellants.

PANKAJ JAIN, J. (ORAL) Defendants are in appeal.

2.

For convenience, the parties herein are referred to their original position in the suit i.e. appellants as defendants and respondents as plaintiffs. 3.

Plaintiffs filed suit seeking compensation on account of injuries suffered by them at the instance of defendants. The plaintiffs face trial in FIR No.176 of 1985 at Police Station Samrala, District Ludhiana. Defendants Harpal Singh and Ram Singh were convicted for the offences punishable under Sections 307/34 and 324 read with Section 34 of the Indian Penal Code. Trial Court decreed the suit filed by the plaintiffs and awarded compensation of Rs.6,500/- against defendants No.1 and 2 and dismissed the suit against defendant No.3. Defendant No.3 was also awarded compensation of Rs.1,000/- to be paid by the plaintiffs. Deepak Kumar 2024.05.28 10:22 I attest to the accuracy and integrity of this document

RSA No.1174 of 1993 (O&M) 4.

In appeal, the decree was modified and the compensation was reduced to Rs.5,500/-. Likewise, cost awarded to defendant No.3 was also reversed.

5.

Defendants are against the judgment and decree passed by the Courts below before this Court. Keeping in view the amount involved, this Court does not deem it appropriate to interfere in the second appeal. More so when pure findings of facts have been returned by the Courts below and there is no perversity for legal infirmity in the findings recorded by the lower Appellate Court.

6.

Resultantly, the present appeal is dismissed. May 20, 2024 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.05.28 10:22 I attest to the accuracy and integrity of this document