NIRMALA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, three appeals viz. (1) RSA No. 673 of 2010 titled as 'Nirmala Devi and others v. State of Haryana and others'; (2) RSA No. 674 of 2010 titled as 'Nirmala Devi and others v. Regular Second Appeals No. 673 to 675 of 2010 SDO Water Services (check)(check)Sub Division and another' and (3) RSA No. 675 of 2010 titled as 'Nirmala Devi and others v. State of Haryana and others' shall be decided altogether, as the lower appellate Court has also passed a common judgment in all the three appeals instituted before it.

(2.) AMRIT Lal, husband of Nirmala Devi plaintiff-appellant No. 1 and father of three minor daughters and a son, i.e. plaintiff-appellants No. 2 to 5, on 14th January, 2002 fell in a drain and died. The plaintiffs had stated in para No. 3 of the plaint as under:

(3.) IN the plaint, it was stated that Amrit Lal deceased at the time of his death was about 30 years old, was having a good health/physique, was working as a carpenter on contract basis and was earning Rs. 8,000.00 per month. It was further stated that he was the sole earning member of the family. Due to his untimely death which occurred due to the negligence of defendant-respondents, the plaintiff-appellants had no other source of income to defend themselves. The plaintiff-appellants had served a notice under Section 80 CPC and had demanded Rs. 10.00 lakh as compensation along with interest at the rate of 18 percent per annum. It was further pleaded that the defendant-respondents had not cared to reply to the said notice and hence, the suit was instituted. The plaintiff appellants were permitted to sue as indigent persons and the lower appellate Court had also allowed them to file the appeal in this capacity. Vide a separate order passed on September 16, 2010 by this Court, the application filed by the plaintiff-appellants to institute the appeal as indigent persons was also accepted.