R. S. A. No. 785 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : R. S. A. No. 785 of 2009 Date of Decision : July 23, 2010 Nek Ram and others .... Appellants Vs. State of Haryana and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Balraj Gujjar, Advocate for the appellants. Mr. Narender Singh, DAG, Haryana for the respondents. * * * L. N. MITTAL, J. (Oral) : Plaintiffs have filed the instant second appeal. Plaintiffs filed suit against State of Haryana and its officers for recovery of Rs.2,00,000/- on account of death of Bimla Devi allegedly caused on account of negligence of doctors, while performing family planning operation on her. Plaintiffs are husband, a minor son and two minor daughters of the deceased. Learned Civil Judge (Senior Division), Bhiwani, vide judgment and decree dated 16.12.2004, dismissed the suit. However, first appeal preferred by the plaintiffs has been allowed by learned District Judge, Bhiwani, vide judgment and decree dated 27.03.2008 and thereby, suit filed R. S. A. No. 785 of 2009 2 by the plaintiffs stands decreed. However, grievance of the plaintiffs in the instant second appeal is that no interest has been awarded to them by the lower appellate court, while decreeing their suit. I have heard learned counsel for the parties and perused the case file. Following substantial question of law arises for determination in the instant second appeal :- “Whether lower appellate court erred in law by not granting interest to the plaintiffs in spite of claim of interest made by the plaintiffs in the suit ?” Learned counsel for the appellants contended that appellants are entitled to interest on the decretal amount from the date of filing of suit till payment thereof. Learned State counsel for respondents has opposed the aforesaid prayer. I have carefully considered the rival submissions. Learned lower appellate court, while decreeing the suit of the plaintiffs, has completely ignored the question of awarding interest to the plaintiffs. Learned lower appellate court has not at all discussed the said question and has not even rejected the prayer of the plaintiffs for award of interest. Apparently, there is no ground for not awarding the interest to the plaintiffs at reasonable rate on the decretal amount from the date of filing of R. S. A. No. 785 of 2009 3 application for permission to file the suit as indigent persons as the suit is deemed to have been instituted from the said date, although it was registered later on after the said application was allowed. In my considered opinion, interest @ 10% per annum since the date of filing of application for permission to file the suit as indigent persons till 16.12.2004 – the date of decree of the trial court and future interest @ 6% per annum w.e.f. 16.12.2004 – the date of decree of the trial court till payment of decretal amount, shall be just and appropriate. The plaintiffs are held entitled to same. Thus, substantial question of law framed herein above is answered accordingly. For the reasons recorded herein above, the instant second appeal is allowed partly and judgment and decree dated 27.03.2008 passed by the lower appellate court are modified. In addition to the decretal amount of Rs.2,00,000/-, for which the suit stands decreed by the lower appellate court, the plaintiffs shall also be entitled to interest on the decretal amount of Rs.2,00,000/- @ 10% per annum since the date of filing of application for permission to file the suit as indigent persons till 16.12.2004 – the date of decree of the trial court and future interest @ 6% per annum since 16.12.2004 – the date of decree of the trial court till the decretal amount was paid (which already stands paid). Interest amount shall be paid in equal shares to all the four plaintiffs. July 23, 2010 ( L. N. MITTAL ) monika JUDGE