- (1.) The present appeal has been filed by defendants no. 3 to 7, who are aggrieved against the decision of the Additional District Judge, Kapurthala wherein, the findings on the issue of limitation have been reversed and it has been held that for claiming compensation on account of intentional killing, the limitation would be 3 years and not 2 years in a civil suit filed under the general law. Accordingly, the said defendants/appellants have been held entitled to pay a sum of Rs. 1,92,000/- alongwith interest @ 6% per annum from the date of decree dated 21.01.2011 till its realization.
(2.) Plaintiffs no. 1 and 2 are the parents of deceased-Kashmir Singh and plaintiff no. 3 is the grand mother of the deceased-Kashmir Singh. The said plaintiffs had filed the suit against Sukhbir Singh and others for recovery of 15 lac on account of murdering Kashmir Singh on 19.05.1998 at 8:30 p.m and the FIR No. 78 dated 19.05.1998 was registered in Police Station Sultanpur Lodhi on the statement of the father who was an eye witness in which subsequently the said defendants were convicted for the murder of Kashmir Singh by the Additional Sessions Judge, Kapurthala on 01.02.2001.
(3.) The plaintiffs had filed the suit on 19.03.2000 on the ground that Kashmir Singh was a young man of 22 years; was competent in agriculture; having good earning capacity and he was studying in B.A. Ist year and that the age of his grand father was 93 years and he would have lived long. Due to untimely murder of Kashmir Singh, the plaintiffs had to suffer from mental shock and depression and they had even lost interest in working in life. It was also pleaded that Kashmir Singh was to go to America to earn and though the approximate earning of the deceased was to be 30 lac, the claim of 15 lac was prayed for.;