- (1.) This civil first appeal has been preferred by the appellant-defendants being aggrieved by the judgment and decree dated 27.08.2009 passed by learned Additional District Judge (Fast Track) No.2, Hanumangarh Headquarter Nohar in Civil Original Suit No.14/2008 (24/1999) (29/2002) (39/2004), whereby the learned trial court decreed the suit filed by the respondent-plaintiff and awarded him a sum of Rs.1,00,000/- as compensation.
(2.) The brief facts of the case are that respondentplaintiff Bharat Singh filed a suit for damages against the appellant-defendants. It was averred in the plaint that there was dispute between the father of the plaintiff and defendant Chandu Ram with regard to agricultural land and criminal case as well as revenue suit were also pending in that regard, therefore, defendant Chandu Ram had animosity with the family of the plaintiff. It was averred that on 03.04.1998, the plaintiff, his father Pitha Ram and Hosiyar Singh came to Bhadra for giving appearance in the court and thereafter in the evening they were going to their village on a tractor. It was further averred that at about 6 o'clock when they reached near the pond, the defendants suddenly came in the way and started beating the plaintiff and his father, due to which both of them sustained grievous injuries and the father of the plaintiff died due to the injuries. The plaintiff lodged a complaint in the Police Station Bhadra and after due investigation, the police filed charge-sheet. By filing the civil suit against the defendants, the plaintiff prayed for compensation of Rs.1,00,000/- alongwith interest at the rate of 12% per annum.
(3.) The appellant-defendants filed written statement and denied the averments made in the plaint. It was averred that they have not committed any offence and the plaintiff had fallen off the tractor due to which he sustained injuries. On the basis of the pleadings of the parties, the learned trial court framed as many as 6 issues including the relief, which are quoted hereinbelow for ready reference :- 1.xxx xxx xxx 2. xxx xxx xxx 3.xxx xxx xxx 4. xxx xxx xxx 5. xxx xxx xxx 6. xxx xxx xxx ;