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Judgment
Rathnakala, J.—In R.F.A. No. 1688/2007, the State is challenging the correctness of the judgment and decree passed in O.S. No. 49/2004 dated 2nd January 2007 on the file of the Civil Judge (Sr. Dn.) & Prl. JMFC., Tarikere, whereas, the plaintiffs of O.S. No. 49/2004 have filed Cr.Ob. No. 16/2008, seeking enhancement of compensation.
Before this Court, since the appellants failed to take steps against the respondents/Class I legal heirs of the victim of the incident, R.F.A. No. 1688/2007 has been dismissed as against respondent Nos. 1 to 3 vide order dated 14.7.2014, hence, as of now, there are no respondents. However, the very same legal heirs of the victim Saleem are prosecuting the case by way of Cross Objection No. 16/2008.
The parties will be referred to as per their original status before the trial court.
Briefly stated the facts are:
"The plaintiffs being the widow and children of one deceased Saleem filed the suit for compensation on the death of said Saleem, who expired in a gun shot incident in the Kundur minor forest area near Bargenahalli bridge. Their case was, the deceased on 7.1.2001 was travelling in a motor cycle along with his friend Shivanna as a pillion rider in the reserve forest area. At that time, the forest officials fired at them, resultantly the deceased sustained injuries and was shifted to a Private Nursing Home at Bhadravathi, thereafter to Davangere hospital, but the deceased expired on 13.1.2001. Thereafter, the Lakkavalli Police registered a criminal case. The Government held enquiry about the incident and the Assistant Commissioner concluded that the firing by the forest officials was in accordance with law. That led to submission report to the jurisdictional Court by the Police and the file came to be closed. The legal representatives of the deceased filed a suit for recovery and compensation from the Government. After trial, the court has awarded a compensation of Rs. 2,70,000/- with interest."
Along with the appeal memo, the appellants have filed I.A. No. 1/2014 under Order XLI Rule 27 of CPC seeking permission to produce additional documents, viz., a map showing Kundur Minor Forest Area; report dated 5.5.2001 issued by the Assistant Commissioner, Tarikere and the correspondence between the Range Forest Officer of Lakkavalli Range and Umblebile Range for having filed the charge sheet in respect of deceased Saleem.
Smt. Radha P.B., learned High Court Government Pleader appearing for the appellants in R.F.A. No. 1688/2007 submits that, the court below lost sight of the fact that the Forest officials had fired in the prohibited area. The deceased was a habitual offender. There was enormous delay in filing the suit. In view of the firing, Lakkavalli Police registered a criminal case against the forest officials in Crime No. 3A/2001 and subsequently, ''B'' report was filed. At the same time, the Divisional Magistrate also held an enquiry in the matter and concluded that the firing was done in order to protect the forest property and it is a prohibited area. The judgment and decree of the lower court is contrary to the Karnataka Forest Act and the Rules framed thereunder. The trial court by adopting the provisions of the Motor Vehicles Act has granted compensation to the respondents, which is erroneous and is liable to be set aside.
As against the same, Sri. P.H. Virupakshaiah, learned Counsel for the Cross Objectors would submit that the amount of Rs. 2,70,000/- awarded is too meager.
After arguing for some time, both parties have submitted that, the matter may be remanded to the trial court so that both parties can adduce further evidence.
In the light of submission made by the parties, R.F.A. No. 1688/2007 is allowed. The judgment and decree passed in O.S. No. 49/2004 dated 2nd January 2007 on the file of the Civil Judge (Sr.Dn.) & Prl. JMFC., Tarikere, is hereby set aside.
The matter is remanded to the trial court with liberty to the appellants to adduce further evidence. The Cross-Objectors are also entitled to lead their rebuttal evidence.
Without waiting for the notice from this Court, both parties shall appear before the trial court on 15.12.2014 at 11.00 a.m. The outer limit for disposal of the case shall not be beyond four months from the date of appearance of the parties.
In view of disposal of R.F.A. No. 1688/2007, I.A. No. 1/2014 filed for production of additional documents is allowed.
Cross Objection No. 16/2008 filed by the Cross-Objectors/legal representatives of the deceased Saleem, is dismissed.
In view of dismissal of Cross Objection No. 16/2008, I.A. No. 1/2008 filed for permission to exempt from payment of court fee, is also dismissed.
Registry is directed to communicate this order to the Trial Court forthwith.