RSA No. 1854 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 1854 of 2011 (O&M) Date of decision:- 20.10.2011 Nishan Singh and others ....Appellants Vs. Rashmohit Sandhu ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Naveen Sharma, Advocate for the appellants. Mr. Gagandeep Singh Simble, Advocate, for Mr. P.S. Brar, Advocate, for the respondent. A.N. JINDAL, J (ORAL) Notice was issued qua the rate of interest only. Rashmohit Sandhu, minor daughter of Gurjit Singh, filed a suit for recovery of ` 5,00,000/-, as compensation on account of murder of her father Gurjit Singh, which was contested by the defendants-appellants (hereinafter referred as 'the defendants'). Ultimately, vide judgment dated 19.01.2010, the Additional Civil Judge (Senior Division), Faridkot, partly decreed the suit of the plaintiff for a sum of ` 2,09,334/-, as compensation alongwith interest at the rate of 12% per annum from the date of filing of the suit till realization of the decretal amount. Aggrieved against the said judgment, the defendants filed an appeal, whereas Rashmohit Sandhu, plaintiff-respondent (hereinafter referred as 'the plaintiff') preferred cross-objection for enhancement of the compensation. The Additional District Judge, Faridkot, vide judgment RSA No. 1854 of 2011 (O&M) 2 dated 12.11.2010, dismissed the appeal as well as the cross- objections of the plaintiff, however on the request of the defendants to seek time to deposit compensation at the reduced rate of interest, the Appellate Court ordered that the defendants would deposit compensation to the tune of `2,09,334/- alongwith interest at the rate of 6% per annum from 08.04.2006 i.e. the date of filing of the suit till its realization within 60 days, failing which, the defendants would pay interest at the rate of 18% per annum on the amount of compensation from 08.04.2006 till actual realization. Aggrieved against the said judgment, the defendants have preferred this second appeal. There is no dispute that the defendants-appellants had not paid any compensation to the plaintiff. At the motion stage, this Court issued notice only qua interest, awarded by the first Appellate Court. After hearing arguments at length, it transpires that though the defendants have failed to comply with the judgment and decree passed by the first Appellate Court, yet awarding of interest at the rate of 18% per annum is quite excessive. As such, the judgment and decree dated 12.11.2010 passed by the first Appellate Court, is modified to the extent that the defendants would be liable to pay interest at the rate of 12% per annum on the amount of compensation of ` 2,09,334/- from the date of filing of the suit i.e. 08.04.2006, till actual realization. Disposed of accordingly. (A.N.JINDAL) October 20, 2011 JUDGE ajp